S.B. No. 1831
 
 
 
 
AN ACT
  relating to the punishment for trafficking of persons, online
  solicitation of a minor, and prostitution and to the dissemination
  of certain information, including the required posting of certain
  signs, regarding human trafficking; increasing criminal penalties;
  providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the No Trafficking Zone
  Act.
         SECTION 2.  Subchapter C, Chapter 37, Education Code, is
  amended by adding Section 37.086 to read as follows:
         Sec. 37.086.  REQUIRED POSTING OF WARNING SIGNS OF INCREASED
  TRAFFICKING PENALTIES. (a) In this section:
               (1)  "Premises" has the meaning assigned by Section
  481.134, Health and Safety Code.
               (2)  "School" means a public or private primary or
  secondary school.
         (b)  Each school shall post warning signs of the increased
  penalties for trafficking of persons under Section 20A.02(b-1)(2),
  Penal Code, at the following locations:
               (1)  parallel to and along the exterior boundaries of
  the school's premises;
               (2)  at each roadway or other way of access to the
  premises;
               (3)  for premises not fenced, at least every five
  hundred feet along the exterior boundaries of the premises;
               (4)  at each entrance to the premises; and
               (5)  at conspicuous places reasonably likely to be
  viewed by all persons entering the premises.
         (c)  The agency, in consultation with the human trafficking
  prevention task force created under Section 402.035, Government
  Code, shall adopt rules regarding the placement, installation,
  design, size, wording, and maintenance procedures for the warning
  signs required under this section. The rules must require that each
  warning sign:
               (1)  include a description of the provisions of Section
  20A.02(b-1), Penal Code, including the penalties for violating that
  section;
               (2)  be written in English and Spanish; and
               (3)  be at least 8-1/2 by 11 inches in size.
         (d)  The agency shall provide each school without charge the
  number of warning signs required to comply with this section and
  rules adopted under this section. If the agency is unable to
  provide each school with the number of signs necessary to comply
  with Subsection (b), the agency may:
               (1)  provide to a school fewer signs than the number
  necessary to comply with that section; and
               (2)  prioritize distribution of signs to schools based
  on reports of criminal activity in the areas near that school.
         SECTION 3.  (a) Notwithstanding Section 1 of this Act, this
  section shall be known as the Julia Wells Act.
         (b)  Subchapter C, Chapter 1001, Education Code, is amended
  by adding Section 1001.1021 to read as follows:
         Sec. 1001.1021.  HUMAN TRAFFICKING PREVENTION INFORMATION.
  (a) The commission by rule shall require that information relating
  to human trafficking prevention be included in the curriculum of
  any driver education course or driving safety course.
         (b)  In developing rules under this section, the commission
  shall consult with the human trafficking prevention coordinating
  council established under Section 402.034, Government Code.
         (c)  Not later than May 1, 2022, the Texas Commission of
  Licensing and Regulation shall adopt the rules required by Section
  1001.1021, Education Code, as added by this section.
         (d)  Each driver education course or driving safety course
  held on or after September 1, 2022, must include in the course
  curriculum the information required by Section 1001.1021,
  Education Code, as added by this section.
         SECTION 4.  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)  "Massage establishment" and "massage school" have
  the meanings assigned by Section 455.001, Occupations Code.
               (5)  "Sexually oriented business" has the meaning
  assigned by Section 243.002, Local Government Code.
               (6)  "Tattoo studio" has the meaning assigned by
  Section 146.001, Health and Safety 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 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 massage establishment;
               (5)  a massage school;
               (6)  a sexually oriented business;
               (7)  a tattoo studio; 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;
                     (B)  the contact information for reporting
  suspicious activity to the Department of Public Safety [of the
  National Human Trafficking Resource Center]; and
                     (C) [(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 conspicuous place that is either:
                     (A)  near the public entrance of the entity; or
                     (B)  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 5.  Section 20A.01, Penal Code, is amended by adding
  Subdivisions (2-a) and (2-b) to read as follows:
               (2-a)  "Premises" has the meaning assigned by Section
  481.134, Health and Safety Code.
               (2-b)  "School" means a public or private primary or
  secondary school.
         SECTION 6.  Section 20A.02, Penal Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  Except as otherwise provided by this subsection and
  Subsection (b-1), an offense under this section is a felony of the
  second degree. An offense under this section is a felony of the
  first degree if:
               (1)  the applicable conduct constitutes an offense
  under Subsection (a)(5), (6), (7), or (8), regardless of whether
  the actor knows the age of the child at the time of the offense;
               (2)  the commission of the offense results in the death
  of the person who is trafficked; or
               (3)  the commission of the offense results in the death
  of an unborn child of the person who is trafficked.
         (b-1)  An offense under this section is a felony of the first
  degree punishable by imprisonment in the Texas Department of
  Criminal Justice for life or for a term of not more than 99 years or
  less than 25 years if it is shown on the trial of the offense that
  the actor committed the offense in a location that was:
               (1)  on the premises of or within 1,000 feet of the
  premises of a school; or
               (2)  on premises or within 1,000 feet of premises
  where:
                     (A)  an official school function was taking place;
  or
                     (B)  an event sponsored or sanctioned by the
  University Interscholastic League was taking place.
         SECTION 7.  Section 33.021, Penal Code, is amended by adding
  Subsection (f-1) to read as follows:
         (f-1)  The punishment for an offense under this section is
  increased to the punishment prescribed for the next higher category
  of offense if it is shown on the trial of the offense that:
               (1)  the actor committed the offense during regular
  public or private primary or secondary school hours; and
               (2)  the actor knew or reasonably should have known
  that the minor was enrolled in a public or private primary or
  secondary school at the time of the offense.
         SECTION 8.  Section 43.01, Penal Code, is amended by adding
  Subdivisions (1-f) and (2-a) to read as follows:
               (1-f)  "Premises" has the meaning assigned by Section
  481.134, Health and Safety Code.
               (2-a)  "School" means a public or private primary or
  secondary school.
         SECTION 9.  Section 43.02, Penal Code, is amended by adding
  Subsection (c-2) to read as follows:
         (c-2)  The punishment prescribed for an offense under
  Subsection (b) is increased to the punishment prescribed for the
  next highest category of offense if it is shown on the trial of the
  offense that the actor committed the offense in a location that was:
               (1)  on the premises of or within 1,000 feet of the
  premises of a school; or
               (2)  on premises or within 1,000 feet of premises
  where:
                     (A)  an official school function was taking place;
  or
                     (B)  an event sponsored or sanctioned by the
  University Interscholastic League was taking place.
         SECTION 10.  The Texas Education Agency is required to
  implement the change in law made by Section 37.086(d), Education
  Code, as added by this Act, only if the legislature appropriates
  money specifically for that purpose. If the legislature does not
  appropriate money specifically for that purpose, the agency may,
  but is not required to, implement the change in law made by Section
  37.086(d), Education Code, as added by this Act, using other
  appropriations available for that purpose.
         SECTION 11.  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 12.  The changes in law made by this Act apply only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 13.  This Act takes effect September 1, 2021.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1831 passed the Senate on
  April 27, 2021, by the following vote:  Yeas 31, Nays 0;
  May 25, 2021, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 27, 2021, House
  granted request of the Senate; May 29, 2021, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1831 passed the House, with
  amendments, on May 24, 2021, by the following vote:  Yeas 145,
  Nays 0, one present not voting; May 27, 2021, House granted request
  of the Senate for appointment of Conference Committee;
  May 30, 2021, House adopted Conference Committee Report by the
  following vote:  Yeas 140, Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor