Bill Text: TX HB2633 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to resources provided to human trafficking victims and the establishment of the trafficked persons grant program.
Spectrum: Moderate Partisan Bill (Democrat 29-9)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB2633 Detail]
Download: Texas-2021-HB2633-Enrolled.html
H.B. No. 2633 |
|
||
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, [ |
||
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; [ |
||
(2) may be victims of an offense of trafficking of | ||
persons as defined by Article 56B.003, [ |
||
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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2633 was passed by the House on May 7, | ||
2021, by the following vote: Yeas 114, Nays 27, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2633 was passed by the Senate on May | ||
27, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |