By: Huffman S.R. No. 836
 
 
 
   
 
 
SENATE RESOLUTION
         BE IT RESOLVED by the Senate of the State of Texas, 86th
  Legislature, Regular Session, 2019, That Senate Rule 12.03 be
  suspended in part as provided by Senate Rule 12.08 to enable the
  conference committee appointed to resolve the differences on
  Senate Bill 20 (the prevention of, reporting regarding,
  investigation of, prosecution of, criminal and civil penalties
  for, and other consequences of prostitution, trafficking of
  persons, and related criminal offenses, to treatment, services,
  and compensation available to victims of those offenses, and to
  orders of nondisclosure for certain persons who are victims of
  certain of those offenses) to consider and take action on the
  following matter:
         Senate Rule 12.03(4) is suspended to permit the committee
  to add text on a matter not included in either the house or senate
  version of the bill by adding the following new ARTICLES to the
  bill:
  ARTICLE 5.  SEX TRAFFICKING PREVENTION AND VICTIM TREATMENT
  PROGRAMS
         SECTION 5.01.  Subtitle B, Title 2, Health and Safety
  Code, is amended by adding Chapter 50 to read as follows:
  CHAPTER 50. SEX TRAFFICKING PREVENTION AND VICTIM TREATMENT
  PROGRAMS
  SUBCHAPTER A.  TREATMENT PROGRAM FOR VICTIMS OF CHILD SEX
  TRAFFICKING
         Sec. 50.0001.  DEFINITIONS. In this subchapter:
               (1)  "Child sex trafficking" has the meaning
  assigned by Section 772.0062, Government Code.
               (2)  "Program" means the treatment program for
  victims of child sex trafficking established under this
  subchapter.
         Sec. 50.0002.  ESTABLISHMENT; PURPOSE. The commission,
  in collaboration with the institution designated under Section
  50.0003, shall establish a program to improve the quality and
  accessibility of care for victims of child sex trafficking in
  this state.
         Sec. 50.0003.  DESIGNATION OF INSTITUTION; OPERATION OF
  PROGRAM. (a)  The commission shall designate a health-related
  institution of higher education to operate the program.
         (b)  The designated institution shall improve the quality
  and accessibility of care for victims of child sex trafficking
  by:
               (1)  dedicating a unit at the institution to provide
  or contract for inpatient care for victims of child sex
  trafficking;
               (2)  dedicating a unit at the institution to provide
  or contract for outpatient care for victims of child sex
  trafficking;
               (3)  creating opportunities for research and
  workforce expansion related to treatment of victims of child sex
  trafficking; and
               (4)  assisting other health-related institutions of
  higher education in this state to establish similar programs.
         (c)  The commission shall solicit and review applications
  from health-related institutions of higher education before
  designating an institution under this section.
         Sec. 50.0004.  FUNDING. In addition to money
  appropriated by the legislature, the designated institution may
  accept gifts, grants, and donations from any public or private
  person for the purpose of carrying out the program.
         Sec. 50.0005.  RULES.  The executive commissioner shall
  adopt rules necessary to implement this subchapter.
  SUBCHAPTER B. MATCHING GRANT PROGRAM FOR MUNICIPAL SEX
  TRAFFICKING PREVENTION PROGRAMS
         Sec. 50.0051.  ESTABLISHMENT OF MATCHING GRANT PROGRAM.
  (a)  The commission shall establish a matching grant program to
  award to a municipality a grant in an amount equal to the amount
  committed by the municipality for the development of a sex
  trafficking prevention needs assessment. A municipality that is
  awarded a grant must develop the needs assessment in
  collaboration with a local institution of higher education and on
  completion submit a copy of the needs assessment to the
  commission.
         (b)  A sex trafficking prevention needs assessment
  developed under Subsection (a) must outline:
               (1)  the prevalence of sex trafficking crimes in the
  municipality;
               (2)  strategies for reducing the number of sex
  trafficking crimes in the municipality; and
               (3)  the municipality's need for additional funding
  for sex trafficking prevention programs and initiatives.
         Sec. 50.0052.  APPLICATION. (a)  A municipality may
  apply to the commission in the form and manner prescribed by the
  commission for a matching grant under this subchapter. To
  qualify for a grant, an applicant must:
               (1)  develop a media campaign and appoint a municipal
  employee to oversee the program; and
               (2)  provide proof that the applicant is able to
  obtain or secure municipal money in an amount at least equal to
  the amount of the awarded grant.
         (b)  The commission shall review applications for a
  matching grant submitted under this section and award matching
  grants to each municipality that demonstrates in the application
  the most effective strategies for reducing the number of sex
  trafficking crimes in the municipality and the greatest need for
  state funding.
         (c)  The commission may provide a grant under Subsection
  (b) only in accordance with a contract between the commission and
  the municipality. The contract must include provisions under
  which the commission is granted sufficient control to ensure the
  public purpose of sex trafficking prevention is accomplished and
  the state receives the return benefit.
         Sec. 50.0053.  FUNDING. In addition to money
  appropriated by the legislature, the commission may solicit and
  accept gifts, grants, or donations from any source to administer
  and finance the matching grant program established under this
  subchapter.
  SUBCHAPTER C. SEX TRAFFICKING PREVENTION GRANT PROGRAM FOR LOCAL
  LAW ENFORCEMENT
         Sec. 50.0101.  ESTABLISHMENT OF GRANT PROGRAM. (a)  The
  office of the governor, in collaboration with the Child Sex
  Trafficking Prevention Unit established under Section 772.0062,
  Government Code, shall establish and administer a grant program
  to train local law enforcement officers to recognize signs of sex
  trafficking.
         (b)  The office of the governor may establish eligibility
  criteria for a grant applicant.
         (c)  A grant awarded under this section must include
  provisions under which the office of the governor is provided
  sufficient control to ensure the public purpose of sex
  trafficking prevention is accomplished and the state receives
  the return benefit.
         Sec. 50.0102.  FUNDING. In addition to money
  appropriated by the legislature, the office of the governor may
  solicit and accept gifts, grants, or donations from any source to
  administer and finance the grant program established under this
  subchapter.
         SECTION 5.02.  As soon as practicable after the effective
  date of this Act:
               (1)  the executive commissioner of the Health and
  Human Services Commission shall adopt rules as necessary to
  implement Subchapters A and B, Chapter 50, Health and Safety
  Code, as added by this article; and
               (2)  the governor shall adopt rules as necessary to
  implement Subchapter C, Chapter 50, Health and Safety Code, as
  added by this article.
         SECTION 5.03.  A state agency is required to implement a
  provision of this article only if the legislature appropriates
  money to the agency specifically for the purpose of implementing
  the applicable provision. If the legislature does not
  appropriate money specifically for the purpose of implementing
  the applicable provision, the agency may, but is not required to,
  implement the provision using other appropriations available for
  that purpose.
  ARTICLE 6.  PROHIBITION ON CERTAIN BIDS AND CONTRACTS RELATED TO
  PERSONS INVOLVED IN HUMAN TRAFFICKING
         SECTION 6.01.  Subchapter A, Chapter 2155, Government
  Code, is amended by adding Section 2155.0061 to read as follows:
         Sec. 2155.0061.  PROHIBITION ON CERTAIN BIDS AND
  CONTRACTS RELATED TO PERSONS INVOLVED IN HUMAN TRAFFICKING.
  (a)  A state agency may not accept a bid or award a contract,
  including a contract for which purchasing authority is delegated
  to a state agency, that includes proposed financial
  participation by a person who, during the five-year period
  preceding the date of the bid or award, has been convicted of any
  offense related to the direct support or promotion of human
  trafficking.
         (b)  A bid or award subject to the requirements of this
  section must include the following statement:
         "Under Section 2155.0061, Government Code, the vendor
  certifies that the individual or business entity named in this
  bid or contract is not ineligible to receive the specified
  contract and acknowledges that this contract may be terminated
  and payment withheld if this certification is inaccurate."
         (c)  If a state agency determines that an individual or
  business entity holding a state contract was ineligible to have
  the bid accepted or contract awarded under this section, the
  state agency may immediately terminate the contract without
  further obligation to the vendor.
         (d)  This section does not create a cause of action to
  contest a bid or award of a state contract.
         SECTION 6.02.  Section 2155.077(a-1), Government Code, is
  amended to read as follows:
         (a-1)  The commission shall bar a vendor from
  participating in state contracts that are subject to this
  subtitle, including contracts for which purchasing authority is
  delegated to a state agency, if the vendor has been:
               (1)  convicted of violating a federal law in
  connection with a contract awarded by the federal government for
  relief, recovery, or reconstruction efforts as a result of
  Hurricane Rita, as defined by Section 39.459, Utilities Code,
  Hurricane Katrina, or any other disaster occurring after
  September 24, 2005; [or]
               (2)  assessed a penalty in a federal civil or
  administrative enforcement action in connection with a contract
  awarded by the federal government for relief, recovery, or
  reconstruction efforts as a result of Hurricane Rita, as defined
  by Section 39.459, Utilities Code, Hurricane Katrina, or any
  other disaster occurring after September 24, 2005; or
               (3)  convicted of any offense related to the direct
  support or promotion of human trafficking.
         SECTION 6.03.  Section 2155.0061, Government Code, as
  added by this article, applies only in relation to a state
  contract for which the request for bids or proposals or other
  applicable expressions of interest are made public on or after
  the effective date of this Act.
         SECTION 6.04.  Section 2155.077, Government Code, as
  amended by this article, applies only to a contract entered into
  on or after the effective date of this Act.
         Explanation:  The addition is necessary to add programs
  for sex trafficking prevention and sex trafficking victim
  treatment and to prohibit certain bids and contracts related to
  persons involved in human trafficking.