Bill Text: TX HB390 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to requirements for human trafficking awareness and prevention in commercial lodging establishments; authorizing a civil penalty.

Spectrum: Slight Partisan Bill (Democrat 12-5)

Status: (Passed) 2021-05-18 - See remarks for effective date [HB390 Detail]

Download: Texas-2021-HB390-Enrolled.html

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H.B. No. 390

AN ACT
relating to requirements for human trafficking awareness and
prevention in commercial lodging establishments; authorizing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 114 to read as follows:
CHAPTER 114. HUMAN TRAFFICKING AWARENESS AND PREVENTION IN
COMMERCIAL LODGING ESTABLISHMENTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 114.0001. DEFINITIONS. In this chapter:
(1) "Commercial lodging establishment" means a hotel,
motel, inn, or similar business entity that offers more than 10
rooms to the public for temporary lodging for a fee.
(2) "Human trafficking" means conduct that
constitutes an offense under Section 20A.02, Penal Code.
(3) "Operator" means a person who owns, operates,
manages, or controls a business entity.
(4) "Peace officer" means a peace officer described by
Article 2.12, Code of Criminal Procedure, appointed or employed to
serve as a peace officer for a law enforcement agency.
Sec. 114.0002. RULES. The attorney general by rule shall:
(1) establish the requirements for operators of
commercial lodging establishments to comply with the training
required under Section 114.0051;
(2) create and make available to commercial lodging
establishments a template for the sign required under Section
114.0053; and
(3) designate a telephone number for reporting a
suspected act of human trafficking or a violation of this chapter.
Sec. 114.0003. EFFECT ON MUNICIPAL ORDINANCES. (a) This
chapter does not preempt a municipal ordinance, rule, or other
regulation related to human trafficking awareness and prevention in
commercial lodging establishments, including training and
certification requirements.
(b) If a municipal ordinance described by Subsection (a)
conflicts with a provision of this chapter, the more stringent
regulation controls to the extent of the conflict.
SUBCHAPTER B. MEASURES TO PREVENT HUMAN TRAFFICKING
Sec. 114.0051. TRAINING REQUIRED. (a) The operator of a
commercial lodging establishment shall require each employee who is
directly employed by the establishment to complete an annual human
trafficking awareness and prevention training program. The
training program, including any supporting supplemental training
material, must:
(1) be not less than 20 minutes in duration;
(2) be approved by the attorney general or appear on
the list of preapproved training programs published by the attorney
general;
(3) be completed by a new employee of the
establishment not later than the 90th day after the date the
employee is hired;
(4) provide a certificate of completion for an
employee who completes the training; and
(5) include:
(A) an overview of human trafficking, including a
description of:
(i) the experience of human trafficking
victims;
(ii) how and why human trafficking takes
place in the hospitality industry; and
(iii) how human trafficking is defined;
(B) guidance on how to identify individuals who
are most at risk for human trafficking;
(C) information on the difference between labor
and sex trafficking as that relates to identification of human
trafficking in the hospitality industry;
(D) guidance on the role of an employee in
reporting and responding to human trafficking; and
(E) the contact information of appropriate
entities for reporting human trafficking, including:
(i) the National Human Trafficking Hotline
toll-free telephone number and text line;
(ii) appropriate law enforcement agencies;
and
(iii) a telephone number designated by the
attorney general for reporting suspected human trafficking.
(b) The training required under this section may be offered
in person or online. Online training must include a pacing
mechanism that requires the employee to read all course materials,
view all videos, complete all coursework, and certify that the
employee has completed all coursework before issuing a certificate
of completion.
(c) The attorney general shall publish on the attorney
general's Internet website a list of preapproved training programs
that satisfy the requirements for the human trafficking awareness
and prevention training program required by this section.
Sec. 114.0052. TRAINING COMPLIANCE; RECORD RETENTION. (a)
The operator of a commercial lodging establishment shall maintain,
in the form and manner prescribed by the attorney general, all
documentation and certificates of completion for all current and
former employees of the establishment who have completed the human
trafficking training required by Section 114.0051.
(b) The operator shall maintain sufficient records to show
the operator's compliance with Section 114.0051 and shall provide
the records to the attorney general, in the form and manner
prescribed by the attorney general, not later than 72 hours after
the attorney general requests the records.
Sec. 114.0053. SIGN REQUIRED. The operator of a commercial
lodging establishment shall display at the commercial lodging
establishment a sign, in the form prescribed by the attorney
general, that:
(1) includes a statement that employees of the
commercial lodging establishment are required to receive annual
human trafficking training and may not be disciplined, retaliated
against, or otherwise discriminated against for making a good faith
report of a suspected act of human trafficking;
(2) includes information on how to recognize and
report human trafficking, including a list of indicators of human
trafficking;
(3) includes a phone number designated by the attorney
general for reporting a suspected act of human trafficking or a
violation of this chapter;
(4) includes the contact information for reporting
suspicious activity to the Department of Public Safety;
(5) is at least 11 inches by 17 inches in size and
written in at least a 16-point font;
(6) is posted separately in English, Spanish, and any
other primary language spoken by 10 percent or more of the
establishment's employees; and
(7) is posted in a location that is easily visible to
all employees.
Sec. 114.0054. DISCRIMINATION AND RETALIATION PROHIBITED.
The operator of a commercial lodging establishment may not
discipline, retaliate against, or otherwise discriminate against
an employee who in good faith reports a suspected act of human
trafficking to the operator, a law enforcement agency, the National
Human Trafficking Resource Center, the attorney general, or any
other appropriate authority.
SUBCHAPTER C. ENFORCEMENT
Sec. 114.0101. ENTRY BY PEACE OFFICER. A peace officer may
enter the premises of a commercial lodging establishment between
the hours of 9 a.m. and 5 p.m. Monday through Friday to ensure
compliance with this chapter.
Sec. 114.0102. OPPORTUNITY TO CURE. If the attorney
general has reason to believe an operator of a commercial lodging
establishment has violated this chapter, the attorney general shall
provide written notice to the operator that:
(1) describes the operator's violation;
(2) states that the commercial lodging establishment
may be liable for a civil penalty if the operator does not cure the
violation before the 30th day after the date the operator receives
the notice; and
(3) includes the maximum potential civil penalty that
may be imposed for the violation.
Sec. 114.0103. CIVIL PENALTY. (a) If the operator of a
commercial lodging establishment fails to cure a violation of this
chapter before the 30th day after the date the operator receives
notice of the violation under Section 114.0102, the establishment
is liable to this state for a civil penalty in an amount not to
exceed $500 for each violation. Each day a violation continues is a
separate violation for purposes of imposing the civil penalty.
(b) In determining the amount of a civil penalty to impose
under this section, a court must consider:
(1) the seriousness of a violation;
(2) a history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts made to correct a violation; and
(5) any other matter that justice may require.
Sec. 114.0104. ACTION BY ATTORNEY GENERAL. (a) The
attorney general may bring an action in the name of the state:
(1) to recover a civil penalty imposed under Section
114.0103; or
(2) for injunctive relief to require compliance with
this chapter.
(b) An action under this section may be brought in a
district court in:
(1) Travis County; or
(2) a county in which any part of the violation or
threatened violation occurs.
(c) The attorney general may recover reasonable expenses
incurred in obtaining injunctive relief or a civil penalty under
this section, including court costs, reasonable attorney's fees,
and investigatory costs.
SECTION 2. Not later than December 1, 2021, the attorney
general shall adopt rules necessary to implement Chapter 114,
Business & Commerce Code, as added by this Act.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2021.
(b) Chapter 114, Business & Commerce Code, as added by this
Act, takes effect January 1, 2022.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 390 was passed by the House on April
1, 2021, by the following vote: Yeas 122, Nays 26, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 390 on May 5, 2021, by the following vote: Yeas 125, Nays 17, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 390 was passed by the Senate, with
amendments, on May 3, 2021, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor