Bill Text: TX HB3718 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the requirement that certain entities post human trafficking signs; providing a civil penalty.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-05-11 - Committee report sent to Calendars [HB3718 Detail]
Download: Texas-2021-HB3718-Comm_Sub.html
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 |
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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 [ |
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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 [ |
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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) [ |
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determined appropriate by the attorney general in consultation with | ||
the council; and | ||
(3) include: | ||
(A) a toll-free [ |
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Internet website for accessing human trafficking resources [ |
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(B) [ |
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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 [ |
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post a sign under this section and to the public [ |
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(d) [ |
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attorney general[ |
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[ |
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the manner in which the sign must be displayed [ |
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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 [ |
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(2) may require that the sign be a certain size and | ||
that the notice be displayed in a certain font and type size [ |
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(e) In adopting the rules under this section [ |
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(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. |