Bill Text: TX SB1831 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the punishment for trafficking of persons, online solicitation of a minor, and prostitution and to the dissemination of certain information, including the required posting of certain signs, regarding human trafficking; increasing criminal penalties; providing a civil penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1831 Detail]
Download: Texas-2021-SB1831-Enrolled.html
S.B. No. 1831 |
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relating to the punishment for trafficking of persons, online | ||
solicitation of a minor, and prostitution and to the dissemination | ||
of certain information, including the required posting of certain | ||
signs, regarding human trafficking; increasing criminal penalties; | ||
providing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the No Trafficking Zone | ||
Act. | ||
SECTION 2. Subchapter C, Chapter 37, Education Code, is | ||
amended by adding Section 37.086 to read as follows: | ||
Sec. 37.086. REQUIRED POSTING OF WARNING SIGNS OF INCREASED | ||
TRAFFICKING PENALTIES. (a) In this section: | ||
(1) "Premises" has the meaning assigned by Section | ||
481.134, Health and Safety Code. | ||
(2) "School" means a public or private primary or | ||
secondary school. | ||
(b) Each school shall post warning signs of the increased | ||
penalties for trafficking of persons under Section 20A.02(b-1)(2), | ||
Penal Code, at the following locations: | ||
(1) parallel to and along the exterior boundaries of | ||
the school's premises; | ||
(2) at each roadway or other way of access to the | ||
premises; | ||
(3) for premises not fenced, at least every five | ||
hundred feet along the exterior boundaries of the premises; | ||
(4) at each entrance to the premises; and | ||
(5) at conspicuous places reasonably likely to be | ||
viewed by all persons entering the premises. | ||
(c) The agency, in consultation with the human trafficking | ||
prevention task force created under Section 402.035, Government | ||
Code, shall adopt rules regarding the placement, installation, | ||
design, size, wording, and maintenance procedures for the warning | ||
signs required under this section. The rules must require that each | ||
warning sign: | ||
(1) include a description of the provisions of Section | ||
20A.02(b-1), Penal Code, including the penalties for violating that | ||
section; | ||
(2) be written in English and Spanish; and | ||
(3) be at least 8-1/2 by 11 inches in size. | ||
(d) The agency shall provide each school without charge the | ||
number of warning signs required to comply with this section and | ||
rules adopted under this section. If the agency is unable to | ||
provide each school with the number of signs necessary to comply | ||
with Subsection (b), the agency may: | ||
(1) provide to a school fewer signs than the number | ||
necessary to comply with that section; and | ||
(2) prioritize distribution of signs to schools based | ||
on reports of criminal activity in the areas near that school. | ||
SECTION 3. (a) Notwithstanding Section 1 of this Act, this | ||
section shall be known as the Julia Wells Act. | ||
(b) Subchapter C, Chapter 1001, Education Code, is amended | ||
by adding Section 1001.1021 to read as follows: | ||
Sec. 1001.1021. HUMAN TRAFFICKING PREVENTION INFORMATION. | ||
(a) The commission by rule shall require that information relating | ||
to human trafficking prevention be included in the curriculum of | ||
any driver education course or driving safety course. | ||
(b) In developing rules under this section, the commission | ||
shall consult with the human trafficking prevention coordinating | ||
council established under Section 402.034, Government Code. | ||
(c) Not later than May 1, 2022, the Texas Commission of | ||
Licensing and Regulation shall adopt the rules required by Section | ||
1001.1021, Education Code, as added by this section. | ||
(d) Each driver education course or driving safety course | ||
held on or after September 1, 2022, must include in the course | ||
curriculum the information required by Section 1001.1021, | ||
Education Code, as added by this section. | ||
SECTION 4. 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) "Massage establishment" and "massage school" have | ||
the meanings assigned by Section 455.001, Occupations Code. | ||
(5) "Sexually oriented business" has the meaning | ||
assigned by Section 243.002, Local Government Code. | ||
(6) "Tattoo studio" has the meaning assigned by | ||
Section 146.001, Health and Safety 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 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 massage establishment; | ||
(5) a massage school; | ||
(6) a sexually oriented business; | ||
(7) a tattoo studio; 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; | ||
(B) the contact information for reporting | ||
suspicious activity to the Department of Public Safety [ |
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(C) [ |
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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 conspicuous place that is either: | ||
(A) near the public entrance of the entity; or | ||
(B) 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 5. Section 20A.01, Penal Code, is amended by adding | ||
Subdivisions (2-a) and (2-b) to read as follows: | ||
(2-a) "Premises" has the meaning assigned by Section | ||
481.134, Health and Safety Code. | ||
(2-b) "School" means a public or private primary or | ||
secondary school. | ||
SECTION 6. Section 20A.02, Penal Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) Except as otherwise provided by this subsection and | ||
Subsection (b-1), an offense under this section is a felony of the | ||
second degree. An offense under this section is a felony of the | ||
first degree if: | ||
(1) the applicable conduct constitutes an offense | ||
under Subsection (a)(5), (6), (7), or (8), regardless of whether | ||
the actor knows the age of the child at the time of the offense; | ||
(2) the commission of the offense results in the death | ||
of the person who is trafficked; or | ||
(3) the commission of the offense results in the death | ||
of an unborn child of the person who is trafficked. | ||
(b-1) An offense under this section is a felony of the first | ||
degree punishable by imprisonment in the Texas Department of | ||
Criminal Justice for life or for a term of not more than 99 years or | ||
less than 25 years if it is shown on the trial of the offense that | ||
the actor committed the offense in a location that was: | ||
(1) on the premises of or within 1,000 feet of the | ||
premises of a school; or | ||
(2) on premises or within 1,000 feet of premises | ||
where: | ||
(A) an official school function was taking place; | ||
or | ||
(B) an event sponsored or sanctioned by the | ||
University Interscholastic League was taking place. | ||
SECTION 7. Section 33.021, Penal Code, is amended by adding | ||
Subsection (f-1) to read as follows: | ||
(f-1) The punishment for an offense under this section is | ||
increased to the punishment prescribed for the next higher category | ||
of offense if it is shown on the trial of the offense that: | ||
(1) the actor committed the offense during regular | ||
public or private primary or secondary school hours; and | ||
(2) the actor knew or reasonably should have known | ||
that the minor was enrolled in a public or private primary or | ||
secondary school at the time of the offense. | ||
SECTION 8. Section 43.01, Penal Code, is amended by adding | ||
Subdivisions (1-f) and (2-a) to read as follows: | ||
(1-f) "Premises" has the meaning assigned by Section | ||
481.134, Health and Safety Code. | ||
(2-a) "School" means a public or private primary or | ||
secondary school. | ||
SECTION 9. Section 43.02, Penal Code, is amended by adding | ||
Subsection (c-2) to read as follows: | ||
(c-2) The punishment prescribed for an offense under | ||
Subsection (b) is increased to the punishment prescribed for the | ||
next highest category of offense if it is shown on the trial of the | ||
offense that the actor committed the offense in a location that was: | ||
(1) on the premises of or within 1,000 feet of the | ||
premises of a school; or | ||
(2) on premises or within 1,000 feet of premises | ||
where: | ||
(A) an official school function was taking place; | ||
or | ||
(B) an event sponsored or sanctioned by the | ||
University Interscholastic League was taking place. | ||
SECTION 10. The Texas Education Agency is required to | ||
implement the change in law made by Section 37.086(d), Education | ||
Code, as added by this Act, only if the legislature appropriates | ||
money specifically for that purpose. If the legislature does not | ||
appropriate money specifically for that purpose, the agency may, | ||
but is not required to, implement the change in law made by Section | ||
37.086(d), Education Code, as added by this Act, using other | ||
appropriations available for that purpose. | ||
SECTION 11. 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 12. The changes in law made by this Act apply only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 13. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1831 passed the Senate on | ||
April 27, 2021, by the following vote: Yeas 31, Nays 0; | ||
May 25, 2021, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 27, 2021, House | ||
granted request of the Senate; May 29, 2021, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 31, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1831 passed the House, with | ||
amendments, on May 24, 2021, by the following vote: Yeas 145, | ||
Nays 0, one present not voting; May 27, 2021, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 30, 2021, House adopted Conference Committee Report by the | ||
following vote: Yeas 140, Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |