By: Middleton S.B. No. 389

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Anti-Human-Trafficking Intelligence Center.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 10, Occupations Code, is amended by adding Chapter 1705 to read as follows:

CHAPTER 1705. ANTI-HUMAN-TRAFFICKING INTELLIGENCE CENTER.

SUBCHAPTER A. GENERAL PROVISIONS.

Sec. 1705.001. DEFINITIONS. In this chapter:

(1) "Human trafficking" means an offense under Chapter 20A, Penal Code.

(2) "Center" means the anti-human-trafficking intelligence center established under this chapter.

(3) "Commission" means the Texas Commission of Licensing and Regulation.

(4) "Department" means the Texas Department of Licensing and Regulation.

Sec. 1705.002. RULES. The commission shall adopt rules as necessary to implement this chapter.

SUBCHAPTER B. PURPOSE AND ADMINISTRATION

Sec. 1705.051. ANTI-HUMAN-TRAFFICKING INTELLIGENCE CENTER ESTABLISHED. The commission shall establish the center within the department.

Sec. 1705.052. PURPOSES OF CENTER. The purposes of the center are to:

(1) serve as the state's primary entity for the planning, coordination, and integration of law enforcement agencies and other governmental agencies that respond to criminal activity related to human trafficking; and

(2) maximize the ability of the department, law enforcement agencies, and other governmental agencies to detect, prevent, and respond to criminal activities related to human trafficking.

Sec. 1705.053. OPERATION AGREEMENTS AUTHORIZED; CHIEF INTELLIGENCE COORDINATOR. (a) The department:

(1) may enter into agreements with any person, including but not limited to, fusion centers, law enforcement agencies, or other governmental agencies for the operation of the center; and

(2) shall enter into an agreement with a law enforcement agency or other governmental agency for the appointment of a chief intelligence coordinator to supervise and manage the operation of the center.

(b) The chief intelligence coordinator appointed under the agreement required by Subsection (a)(2) may be a licensed peace officer. The agreement must provide that the commission of a chief intelligence coordinator who is a licensed peace officer will be carried by the agency with which the department enters into the agreement under that subdivision.

(c) All anti-trafficking victim identifiers and other information a law enforcement agency or other governmental agency collects and maintains under an agreement entered into with the department under this chapter shall be maintained as confidential and not disclosed to any other individual, entity, or governmental body without the express consent of the chief intelligence coordinator. On termination of the agreement, the contracting agency shall transfer the information to the department in accordance with the terms of the agreement.

Sec. 1705.054. POWERS AND DUTIES. (a) The center may collaborate with federal, state, and local governmental agencies to accomplish the purposes of the center.

(b) The center may assist any person, including but not limited to, fusion centers, law enforcement agencies, other governmental agencies, financial institutions, credit card issuers, debit card issuers, payment card networks, institutions of higher education, and merchants in their efforts to develop and implement strategies to:

(1) detect human trafficking;

(2) ensure an effective response if human trafficking is detected; and

(3) prevent human trafficking.

(c) The center may:

(1) serve as a centralized collection point for information related to human trafficking;

(2) provide training and educational opportunities to law enforcement;

(3) provide outreach to the public; and

(4) release information, subject to applicable privacy laws and agreements, to any person, including but not limited to, fusion centers, other government agencies, financial institutions, credit card issuers, debit card issuers, payment card networks, institutions of higher education, and merchants if the center does not consider the information to be sensitive to law enforcement.

(d) For purposes of Subsection (c)(4), information is considered sensitive to law enforcement if the information would disclose the identity of an anti-trafficking victim, could cause harm to law enforcement activities, or jeopardize an investigation or operation if disclosed.

(e) Except as otherwise provided by this chapter, all information and materials received, compiled, or created by the center are confidential and not subject to:

(1) disclosure under Chapter 552, Government Code; or

(2) disclosure, discovery, subpoena, or other means of legal compulsion for their release to any person.

Sec. 1705.055. ANNUAL REPORT. (a) Not later than December 1 of each year, the chief intelligence coordinator shall file a report with the department.

(b) The report must include:

(1) a plan of operation for the center and an estimate of the amount of money necessary to implement that plan;

(2) an assessment of the current state of human trafficking in this state, including:

(A) an identification of the geographic locations in this state that have the highest statistical probability for human trafficking; and

(B) a summary of human trafficking statistics for the prior fiscal year;

(3) a detailed plan of operation for combatting human trafficking;

(4) a communications plan for outreach to fusion centers, other government agencies, law enforcement agencies, financial institutions, credit card issuers, debit card issuers, payment card networks, merchants, and the public; and

(5) a list of expenditures made since the most recent report was filed with the department.

SUBCHAPTER C. FINANCIAL PROVISIONS

Sec. 1705.101. FUNDING. The department may solicit and accept gifts, grants, and other donations to fund, administer, and carry out the purposes of the center, except that the department may not solicit or accept a gift, grant, or other donation from a license holder as defined by Section 51.001.

Sec. 1705.102. AWARD OF GRANTS. (a) Subject to the availability of appropriated money, the department may award grants for the purposes of this chapter by entering into a contract with each grant recipient.

(b) A grant recipient may use grant money to provide training opportunities, conduct public outreach regarding detection and prevention of human trafficking, and any other activity that furthers the purposes of this chapter.

SECTION 2. (a) The Texas Department of Licensing and Regulation may establish a workgroup composed of stakeholders to provide input, advice, and recommendations regarding the department's powers and duties under and the administration of Chapter 1705, Occupations Code, added by this Act.

(b) If a workgroup is established as authorized by Subsection (a) of this section, the Texas Department of Licensing and Regulation shall lead the workgroup and determine the workgroup's size, composition, and scope of purpose.

(c) A workgroup established under this section is abolished and this section expires December 1, 2026.

SECTION 3. The Texas Commission of Licensing and Regulation shall adopt rules necessary to implement the changes in law made by this Act not later than December 1, 2025.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.