Bill Text: TX HB1113 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to state contract limitations and programs for sex trafficking prevention and victim treatment.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-05-21 - Placed on intent calendar [HB1113 Detail]

Download: Texas-2019-HB1113-Comm_Sub.html
 
 
  By: Davis of Harris, et al. H.B. No. 1113
        (Senate Sponsor - Alvarado)
         (In the Senate - Received from the House May 9, 2019;
  May 14, 2019, read first time and referred to Committee on State
  Affairs; May 19, 2019, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  May 19, 2019, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1113 By:  Zaffirini
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to state contract limitations and programs for sex
  trafficking prevention and victim treatment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 2.  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 3.  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 4.  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 Act; and
               (2)  the governor shall adopt rules as necessary to
  implement Subchapter C, Chapter 50, Health and Safety Code, as
  added by this Act.
         SECTION 5.  Section 2155.0061, Government Code, as added by
  this Act, 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.  Section 2155.077, Government Code, as amended by
  this Act, applies only to a contract entered into on or after the
  effective date of this Act.
         SECTION 7.  A state agency is required to implement a
  provision of this Act 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.
         SECTION 8.  This Act takes effect September 1, 2019.
 
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