87R20477 MCK-D
 
  By: A. Johnson of Harris, Thompson of Harris, H.B. No. 2633
      Bonnen, Howard, Leach, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to resources provided to human trafficking victims and the
  establishment of the trafficked persons grant program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 50, Health and Safety Code, as added by
  Chapter 413 (S.B. 20), Acts of the 86th Legislature, Regular
  Session, 2019, is amended by adding Subchapter D to read as follows:
  SUBCHAPTER D. TRAFFICKED PERSONS GRANT PROGRAM
         Sec. 50.0151.  DEFINITIONS. In this subchapter:
               (1)  "Account" means the trafficked persons program
  account established under Section 50.0153.
               (2)  "Department" means the Department of Family and
  Protective Services.
               (3)  "Grant program" means the trafficked persons grant
  program established under Section 50.0155.
         Sec. 50.0152.  PURPOSE. The purpose of the trafficked
  persons program account is to provide money:
               (1)  to substantiate this state's interest in publicly
  operated and funded shelter and treatment for victims of an offense
  of trafficking of persons as defined by Article 56B.003, Code of
  Criminal Procedure;
               (2)  to prevent the recruitment of human trafficking
  victims within mixed-status child, youth, and young adult shelters;
               (3)  for consistent and recurring funding of long-term
  solutions for providing research-based treatment and safe and
  secure shelter to child, youth, and young adult victims of human
  trafficking;
               (4)  for financial stability of local governments,
  private partners, and medical facilities in planning, building, and
  maintaining dedicated housing and recovery programs for victims of
  human trafficking; and
               (5)  to raise awareness of the account among businesses
  and philanthropists in this state and to strengthen public and
  private partnerships established to end the practice of human
  trafficking.
         Sec. 50.0153.  ESTABLISHMENT OF ACCOUNT. (a)  The
  trafficked persons program account is a dedicated account in the
  general revenue fund.
         (b)  The account consists of:
               (1)  contributions made under Section 2054.252,
  Government Code;
               (2)  contributions made under Sections 502.416,
  521.013, and 522.0296, Transportation Code;
               (3)  fees for the specialty license plates issued under
  Section 504.675, Transportation Code;
               (4)  gifts, grants, and donations received for the
  account; and
               (5)  interest, dividends, and other income of the
  account.
         (c)  Section 403.0956, Government Code, does not apply to the
  account.
         (d)  Money in the account may be appropriated only to:
               (1)  the grant program;
               (2)  the sex trafficking prevention and victim
  treatment programs established under this chapter;
               (3)  the trafficked persons program established under
  Section 54.04012, Family Code; and
               (4)  the administration of a program described by
  Section 264.004(d), Family Code.
         (e)  The legislature may not use money in the account to
  offset any other appropriations designated to the department or
  commission.
         Sec. 50.0154.  ACCOUNT ADMINISTRATION. (a)  The commission
  shall administer the account and by rule establish guidelines for
  distributing money from the account in accordance with this
  subchapter.
         (b)  The commission shall distribute money from the account
  to the grant program until the commission determines that the grant
  program's purposes are satisfied statewide.  Following that
  determination, the commission may distribute money from the account
  to a program described by Section 50.0153(d)(2), (3), or (4).
         (c)  The comptroller may audit money distributed under this
  section.
         Sec. 50.0155.  TRAFFICKED PERSONS GRANT PROGRAM. (a)  The
  commission shall establish the trafficked persons grant program to
  provide grants to applicants for dedicated housing and treatment
  facilities provided to human trafficking victims.
         (b)  The commission by rule shall establish and publish on
  its Internet website eligibility criteria for grant recipients.  
  The commission must develop the criteria using research-based best
  practices and require the recipient to provide:
               (1)  immediate trauma support to a human trafficking
  victim on the victim's initial rescue or recovery from trafficking;
               (2)  wraparound services to facilitate a continuity of
  care for human trafficking victims placed in the recipient's
  facility as assisted by:
                     (A)  the Child Sex Trafficking Prevention Unit
  established under Section 772.0062, Government Code; or
                     (B)  the governor's program for victims of child
  sex trafficking established under Section 772.0063, Government
  Code; and
               (3)  safe and constitutionally secure shelter that
  considers the clear and present danger of organized crime to the
  children and youth housed in the facility.
         (c)  A grant applicant must provide to the commission plans
  that include:
               (1)  a process for obtaining the consent of a qualified
  guardian of a human trafficking victim for the applicant's services
  and treatment;
               (2)  a strategy for addressing the spectrum of needs
  for human trafficking victims, including victims whose history of
  trauma poses a risk to other residents of the shelter or facility;
               (3)  a statement on whether the shelter or facility
  will provide:
                     (A)  acute or subacute services to address the
  immediate medical or treatment needs of the victims;
                     (B)  short-term housing services following
  initial rescue or recovery of victims; and
                     (C)  residential treatment services to meet
  long-term needs of victims; and
               (4)  a statement on whether the shelter or facility
  will provide separate housing space according to age, risk, and
  medical or mental health needs of victims.
         (d)  In determining whether to award a grant under this
  section, the commission shall prioritize applicants operating a
  shelter or facility that:
               (1)  satisfies the requirements under Chapter 42, Human
  Resources Code;
               (2)  provides dedicated housing or shelter space for
  the exclusive use of human trafficking victims; and
               (3)  has not adopted a policy that allows the facility
  to refuse for any reason to provide facility services to persons
  presented to the facility by any person involved in the recovery of
  human trafficking victims.
         Sec. 50.0156.  REQUIRED GRANT CONTRACT. Before awarding a
  grant under this subchapter, the commission shall enter into a
  written agreement with the recipient specifying that:
               (1)  if the commission finds that the recipient has not
  complied with the standards required by this subchapter and rules
  adopted under this subchapter:
                     (A)  the recipient shall repay the grant or a
  prorated portion of the grant to this state at an agreed rate and on
  agreed terms; and
                     (B)  the commission will not distribute to the
  recipient any grant money that remains to be distributed to the
  recipient;
               (2)  if, as of a date provided in the agreement, the
  recipient has not used grant money awarded under this section for
  the purposes for which the grant was intended, the recipient shall
  repay that amount to this state at an agreed rate and on agreed
  terms; and
               (3)  the recipient may not use grant money for
  administrative or overhead expenses.
         Sec. 50.0157.  COMMISSION PROVISION OF SERVICES. The
  commission may distribute money from the account to the commission
  for the purposes of providing services described by Section 50.0155
  if the commission determines it has the resources and personnel
  necessary to provide those services in accordance with this
  subchapter and rules adopted under this subchapter.
         SECTION 2.  Section 54.04012(b), Family Code, is amended to
  read as follows:
         (b)  A juvenile court may require a child adjudicated to have
  engaged in delinquent conduct or conduct indicating a need for
  supervision and who is believed to be a victim of an offense of
  trafficking of persons as defined by Article 56B.003, [conduct that
  constitutes an offense under Section 20A.02, Penal] Code of
  Criminal Procedure, to participate in a program established under
  Section 152.0017, Human Resources Code.
         SECTION 3.  Section 264.004, Family Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  The Health and Human Services Commission may use money
  appropriated from the trafficked persons program account
  established under Section 50.0153, Health and Safety Code, to
  establish, maintain, and operate facilities to provide care and
  recovery and to ensure the general well-being of children and youth
  who are victims of an offense of trafficking of persons as defined
  by Article 56B.003, Code of Criminal Procedure.
         SECTION 4.  Section 405.023(b), Government Code, is amended
  to read as follows:
         (b)  The secretary of state by rule shall establish and
  implement a program designated as the human trafficking prevention
  business partnership to:
               (1)  inform participating corporations and other
  private entities of the opportunity to support the trafficked
  persons program account established under Section 50.0153, Health
  and Safety Code, by making a donation to the account; and
               (2)  engage participating corporations and other
  private entities in voluntary efforts to prevent and combat human
  trafficking.
         SECTION 5.  Subchapter B, Chapter 405, Government Code, is
  amended by adding Section 405.024 to read as follows:
         Sec. 405.024.  PUBLIC AWARENESS CAMPAIGN FOR TRAFFICKED
  PERSONS PROGRAM ACCOUNT. The secretary of state shall, as part of
  the office's regular operations, inform the public using e-mail,
  notices posted on the secretary of state's Internet website, or
  other publications of the opportunity to support the trafficked
  persons program account established under Section 50.0153, Health
  and Safety Code.  The secretary of state may not spend more than
  $100,000 to promote awareness of the program account as provided by
  this section.
         SECTION 6.  Section 2054.252, Government Code, is amended by
  adding Subsections (h) and (i) to read as follows:
         (h)  The department shall provide an opportunity for a person
  to make a contribution to the trafficked persons program account
  established under Section 50.0153, Health and Safety Code, when the
  person accesses the state electronic Internet portal for a purpose
  described by Subsection (a) that involves submitting a payment to
  this state.  The department may deduct from the donations made under
  this subsection an amount equal to the department's reasonable
  expenses associated with administering this subsection.  Money
  contributed under this subsection shall be deposited to the credit
  of the account.
         (i)  The department shall collaborate with the Texas
  Department of Motor Vehicles, the Department of Public Safety, and
  any other state agency to maximize donations to the trafficked
  persons program account established under Section 50.0153, Health
  and Safety Code.
         SECTION 7.  Section 152.0017, Human Resources Code, is
  amended by amending Subsection (a) and adding Subsection (c) to
  read as follows:
         (a)  A juvenile board may establish a trafficked persons
  program under this section for the assistance, treatment, and
  rehabilitation of children who:
               (1)  are alleged to have engaged in or adjudicated as
  having engaged in delinquent conduct or conduct indicating a need
  for supervision; [and]
               (2)  may be victims of an offense of trafficking of
  persons as defined by Article 56B.003, [conduct that constitutes an
  offense under Section 20A.02, Penal] Code of Criminal Procedure;
  and
               (3)  have been referred to the program by the Child Sex
  Trafficking Prevention Unit established under Section 772.0062,
  Government Code, or the governor's program for victims of child sex
  trafficking established under Section 772.0063, Government Code.
         (c)  A facility qualified to provide one or more services
  under this section may apply for a grant under Section 50.0155,
  Health and Safety Code, only for the purposes of providing
  constitutionally secure shelter and research-based treatment
  services to human trafficking victims.
         SECTION 8.  Subchapter H, Chapter 502, Transportation Code,
  is amended by adding Section 502.416 to read as follows:
         Sec. 502.416.  VOLUNTARY CONTRIBUTION FOR TRAFFICKED
  PERSONS PROGRAM ACCOUNT. (a)  When a person registers or renews the
  registration of a motor vehicle under this chapter, the department
  shall, in a conspicuous manner, direct that person to the
  opportunity to donate to the trafficked persons program account
  established under Section 50.0153, Health and Safety Code, through
  the state's electronic Internet portal described by Section
  2054.252(h), Government Code.
         (b)  If a person makes a contribution under this section and
  does not pay the full amount of a registration fee, the county
  assessor-collector may credit all or a portion of the contribution
  to the person's registration fee.
         (c)  The department may deduct from the donations made under
  this section an amount equal to the department's reasonable
  expenses associated with administering this section.
         SECTION 9.  Subchapter G, Chapter 504, Transportation Code,
  is amended by adding Section 504.675 to read as follows:
         Sec. 504.675.  STOP HUMAN TRAFFICKING LICENSE PLATES. (a)  
  The department shall issue specialty license plates to support the
  trafficked persons program account established under Section
  50.0153, Health and Safety Code.  The department shall design the
  license plates in consultation with an organization involved in the
  support and recovery of human trafficking victims.
         (b)  After deduction of the department's administrative
  costs the remainder of the fee for issuance of the license plates
  shall be deposited to the credit of the trafficked persons program
  account established under Section 50.0153, Health and Safety Code.
         SECTION 10.  Subchapter A, Chapter 521, Transportation Code,
  is amended by adding Section 521.013 to read as follows:
         Sec. 521.013.  VOLUNTARY CONTRIBUTION FOR TRAFFICKED
  PERSONS PROGRAM ACCOUNT. (a)  When a person applies for an
  original, renewal, corrected, or duplicate driver's license or
  personal identification certificate under this chapter, the
  department shall, in a conspicuous manner, direct that person to
  the opportunity to donate to the trafficked persons program account
  established under Section 50.0153, Health and Safety Code, through
  the state's electronic Internet portal described by Section
  2054.252(h), Government Code.
         (b)  The department may deduct from the donations made under
  this section an amount equal to the department's reasonable
  expenses associated with administering this section.
         SECTION 11.  Subchapter C, Chapter 522, Transportation Code,
  is amended by adding Section 522.0296 to read as follows:
         Sec. 522.0296.  VOLUNTARY CONTRIBUTION FOR TRAFFICKED
  PERSONS PROGRAM ACCOUNT. (a)  When a person applies for an
  original, renewal, corrected, or duplicate commercial driver's
  license under this chapter, the department shall, in a conspicuous
  manner, direct that person to the opportunity to donate to the
  trafficked persons program account established under Section
  50.0153, Health and Safety Code, through the state's electronic
  Internet portal described by Section 2054.252(h), Government Code.
         (b)  The department may deduct from the donations made under
  this section an amount equal to the department's reasonable
  expenses associated with administering this section.
         SECTION 12.  (a)  From money appropriated under Subchapter
  D, Chapter 50, Health and Safety Code, as added by this Act, the
  Health and Human Services Commission shall conduct a study to
  determine the needs and best practices of establishing permanent,
  safe, and secure housing for child and youth victims of an offense
  of trafficking of persons as defined by Article 56B.003, Code of
  Criminal Procedure.
         (b)  The Health and Human Services Commission shall develop a
  written report from the results of the study conducted under
  Subsection (a) of this section. Not later than December 1, 2022, the
  commission shall provide the report to the governor and the
  standing committees of the legislature with jurisdiction over the
  commission.
         SECTION 13.  This Act takes effect September 1, 2021.