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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
  87R13376 JES-D
 
  By: Thompson of Harris, Shine H.B. No. 390
 
  Substitute the following for H.B. No. 390:
 
  By:  Thompson of Harris C.S.H.B. No. 390
 
 
 
A BILL TO BE ENTITLED
 
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 of a political
  subdivision.
         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.
  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 local 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)  is at least 11 inches by 17 inches in size and
  written in at least a 16-point font;
               (5)  is posted separately in English, Spanish, and any
  other primary language spoken by 10 percent or more of the
  establishment's employees; and
               (6)  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.
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