87R22626 MLH-D
 
  By: Parker, Meyer, Rose, Oliverson, H.B. No. 3718
      Thompson of Harris
 
  Substitute the following for H.B. No. 3718:
 
  By:  Thompson of Harris C.S.H.B. No. 3718
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirement that certain entities post human
  trafficking signs; providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 402.0351, Government Code, is amended to
  read as follows:
         Sec. 402.0351.  REQUIRED POSTING OF HUMAN TRAFFICKING SIGNS
  BY [AT] CERTAIN ENTITIES; CIVIL PENALTY [TRANSPORTATION HUBS].  (a)  
  In this section:
               (1)  "Cosmetology facility" means a person who holds a
  license to operate a facility or school under Chapter 1602,
  Occupations Code.
               (2)  "Council" means the human trafficking prevention
  coordinating council established under Section 402.034.
               (3)  "Hospital" has the meaning assigned by Section
  241.003, Health and Safety Code.
               (4)  "Hotel" has the meaning assigned by Section
  2155.051, Occupations Code.
               (5)  "Massage establishment" and "massage school" have
  the meanings assigned by Section 455.001, Occupations Code.
               (6)  "Sexually oriented business" has the meaning
  assigned by Section 243.002, Local Government Code.
               (7)  "Transportation [, "transportation] hub" means a
  bus, bus stop, train, train station, rest area, gas station with
  adjacent convenience store, or airport.
         (a-1)  Except as provided by Subsection (a-3), a person who
  operates any of the following business entities shall post at the
  entity the sign prescribed under Subsection (b), or, if applicable,
  a similar sign or notice as prescribed by other state law:
               (1)  an entity permitted or licensed under Chapter 25,
  26, 28, 32, 69, or 71, Alcoholic Beverage Code, other than an entity
  holding a food and beverage certificate;
               (2)  a cosmetology facility;
               (3)  a hospital;
               (4)  a hotel;
               (5)  a massage establishment;
               (6)  a massage school;
               (7)  a sexually oriented business; or
               (8)  a transportation hub.
         (a-2)  The Parks and Wildlife Department shall post the sign
  prescribed under Subsection (b), or a substantially similar sign,
  in the manner prescribed by Subsection (d) at each state park and
  other recreational site under the department's jurisdiction.
         (a-3)  Notwithstanding any other law, a state agency that
  enforces another state law that requires a person described by
  Subsection (a-1) to post a sign or notice relating to human
  trafficking may by rule authorize the person to use the sign
  prescribed by the attorney general under Subsection (b) in lieu of
  the sign or notice required by the other law.
         (b)  The attorney general by rule shall prescribe the design
  and content of a sign required to be posted under this section. The
  sign must:
               (1)  contain information regarding services and
  assistance available to victims of human trafficking;
               (2)  [to be displayed at transportation hubs. The sign
  must] be in [both] English, [and] Spanish, and any other language
  determined appropriate by the attorney general in consultation with
  the council; and
               (3)  include:
                     (A)  a toll-free [(1)  the] telephone number and
  Internet website for accessing human trafficking resources [of the
  National Human Trafficking Resource Center]; and
                     (B) [(2)]  the key indicators that a person is a
  victim of human trafficking.
         (c)  The attorney general shall develop the sign that
  complies with the requirements of Subsection (b) and make the sign
  available on the attorney general's Internet website to persons [by
  rule shall prescribe the transportation hubs that are] required to
  post a sign under this section and to the public [described by
  Subsection (b)].
         (d)  [A person who operates a transportation hub that is
  required to post a sign under Subsection (c) shall post a sign
  described by Subsection (b) at the transportation hub.] The
  attorney general[:
               [(1)]  by rule shall prescribe the best practices for
  the manner in which the sign must be displayed [at the
  transportation hub] and any exceptions to the sign posting
  requirement.  The rules:
               (1)  must require that at a minimum the sign be posted
  in:
                     (A)  each public restroom of the entity; or
                     (B)  a conspicuous place that is either:
                           (i)  near the public entrance of the entity;
  or
                           (ii)  in clear view of the public and
  employees and near the location similar notices are customarily
  posted [under this section]; and
               (2)  may require that the sign be a certain size and
  that the notice be displayed in a certain font and type size [shall
  enforce this section].
         (e)  In adopting the rules under this section [Subsection
  (b)], the attorney general shall consult with the council [Texas
  Department of Transportation].
         (f)  If the attorney general becomes aware that a person is
  in violation or may be in violation of a law enforced by another
  state agency that requires the posting of a sign or notice relating
  to human trafficking, the attorney general may notify the
  appropriate state agency of the violation or potential violation.
         (g)  The attorney general shall issue a warning to a person
  described by Subsection (a-1) for a first violation of a rule
  adopted under this section. After receiving a warning for the first
  violation, a person who violates a rule adopted under this section
  is subject to a civil penalty in the amount of $200 for each
  subsequent violation.  Each day a violation continues is a separate
  violation.
         SECTION 2.  Not later than January 1, 2022, the attorney
  general shall:
               (1)  in consultation with the human trafficking
  prevention coordinating council, adopt rules necessary to
  implement Section 402.0351, Government Code, as amended by this
  Act, including rules prescribing the content and design of the sign
  required by that section; and
               (2)  make the sign available on the attorney general's
  Internet website as required by Section 402.0351(c), Government
  Code, as amended by this Act.
         SECTION 3.  This Act takes effect September 1, 2021.