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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a human trafficking prevention |
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task force and the creation of a trafficking victim database. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.0282 to read as follows: |
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Sec. 402.0282. TRAFFICKING VICTIM DATABASE. (a) In this |
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section: |
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(1) "Trafficking victim" means a person who is the |
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victim of conduct that, regardless of whether the conduct at issue |
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is the subject of a prosecution, constitutes: |
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(A) a severe form of trafficking in persons, as |
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defined by 22 U.S.C. Section 7102(8); or |
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(B) an offense under Section 20A.02, Penal Code. |
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(2) "Trafficking victim advocacy organization" means |
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an advocacy organization that has been certified by the attorney |
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general in accordance with this section. |
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(b) The attorney general shall establish and maintain a |
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computerized database regarding persons who are trafficking |
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victims. |
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(c) The database must contain the following information: |
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(1) the name, date of birth, place of birth, and |
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country of origin of the trafficking victim; |
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(2) the date, location, and description of the conduct |
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to which the trafficking victim was subjected; and |
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(3) any other pertinent information regarding the |
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conduct involved or the trafficking victim, other than information |
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related to the immigration status of the trafficking victim. |
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(d) The attorney general shall certify as a trafficking |
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victim advocacy organization a local or statewide advocacy |
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organization that serves trafficking victims in this state and |
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meets other requirements established by attorney general rule. |
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(e) A trafficking victim advocacy organization shall report |
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to the attorney general information regarding each trafficking |
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victim identified by the trafficking victim advocacy organization. |
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(f) A state or local law enforcement agency shall report to |
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the attorney general information regarding each trafficking victim |
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identified by the agency. |
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(g) The attorney general shall analyze information under |
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this section to assist in identifying: |
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(1) a person engaging in conduct described by |
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Subsection (a)(1); |
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(2) patterns in trafficking throughout the state; and |
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(3) any other information that would be useful to a law |
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enforcement agency in apprehending persons engaging in conduct |
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described by Subsection (a)(1). |
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(h) The attorney general shall make the analysis required by |
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this section available to any political subdivision or local, |
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state, or federal law enforcement agency to the extent the analysis |
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is reasonably necessary or useful to the subdivision or agency in |
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carrying out duties imposed by law on the subdivision or agency. |
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The attorney general may make available to the subdivision or |
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agency any relevant personally identifiable information |
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corresponding to the analysis. This subsection may not be |
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construed to enable direct access by a person to information |
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analyzed by the attorney general under this section if the person |
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does not otherwise have direct access to that information. |
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Dissemination of the analysis required by this section is subject |
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to all confidentiality requirements imposed by other law. |
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(i) Except as authorized by Subsection (h), the attorney |
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general may not release or distribute information in the database |
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in a form that contains personally identifiable information related |
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to a trafficking victim. |
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(j) Using information collected under this section, the |
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attorney general shall produce and release statistical data in a |
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biennial report to the governor, lieutenant governor, and speaker |
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of the house of representatives. The attorney general shall make |
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the report available to the public on the attorney general's |
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website. A report under this subsection may not include any |
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personally identifiable information related to a trafficking |
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victim. |
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(k) The attorney general shall adopt rules to implement this |
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section. |
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SECTION 2. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.035 to read as follows: |
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Sec. 402.035. HUMAN TRAFFICKING PREVENTION TASK FORCE. (a) |
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In this section, "task force" means the human trafficking |
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prevention task force. |
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(b) The office of the attorney general shall establish the |
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human trafficking prevention task force to develop policies and |
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procedures to assist in the prevention and prosecution of human |
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trafficking crimes. |
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(c) The task force is composed of the following: |
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(1) the attorney general or the attorney general's |
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designee; |
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(2) the executive commissioner of the Health and Human |
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Services Commission or the executive commissioner's designee; |
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(3) the commissioner of the Department of Family and |
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Protective Services or the commissioner's designee; |
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(4) the public safety director of the Department of |
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Public Safety or the director's designee; and |
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(5) as appointed by the attorney general: |
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(A) a public defender, as defined by Article |
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26.044, Code of Criminal Procedure; |
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(B) an attorney representing the state; |
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(C) representatives of local law enforcement |
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agencies affected by human trafficking; and |
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(D) representatives of nongovernmental entities |
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making comprehensive efforts to combat human trafficking by: |
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(i) identifying human trafficking victims; |
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(ii) providing legal or other services to |
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human trafficking victims; |
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(iii) participating in community outreach |
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or public awareness efforts regarding human trafficking; |
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(iv) providing or developing training |
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regarding the prevention of human trafficking; or |
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(v) engaging in other activities designed |
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to prevent human trafficking. |
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(d) The task force shall: |
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(1) collaborate with United States attorneys for the |
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districts of Texas and special agents, customs and border |
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protection officers, and border patrol agents of the United States |
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Department of Homeland Security as needed to fulfill the duties of |
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the task force; |
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(2) collect and organize data on the nature and extent |
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of human trafficking in Texas; |
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(3) develop and conduct training for law enforcement |
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personnel and victim service providers to identify victims of human |
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trafficking; |
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(4) on the request of a judge of a county court, county |
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court at law, or district court or a county attorney, district |
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attorney, or criminal district attorney, assist and train the judge |
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or the judge's staff or the attorney or the attorney's staff in the |
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recognition and prevention of human trafficking; |
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(5) examine training protocols related to human |
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trafficking issues, as developed and implemented by federal, state, |
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and local law enforcement agencies; |
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(6) implement a media awareness campaign in |
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communities affected by human trafficking; and |
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(7) develop recommendations on how to strengthen state |
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and local efforts to prevent human trafficking, protect and assist |
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human trafficking victims, and prosecute human trafficking |
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offenders. |
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(e) The presiding officer of the task force is the attorney |
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general or the attorney general's designee. |
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(f) The office of the attorney general shall supervise the |
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administration of the task force. The attorney general shall |
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provide the necessary staff and facilities to assist the task force |
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in performing its duties. |
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(g) Not later than December 1 of each even-numbered year, |
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the task force shall submit a report regarding the task force's |
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activities, findings, and recommendations, including any proposed |
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legislation, to the governor, the lieutenant governor, and the |
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speaker of the house of representatives. |
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(h) This section expires September 1, 2013. |
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SECTION 3. (a) Not later than December 1, 2009, the |
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attorney general shall adopt the rules required by Section |
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402.0282, Government Code, as added by this Act. |
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(b) Not later than December 1, 2009, the office of the |
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attorney general shall establish the human trafficking prevention |
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task force as required by Section 402.035, Government Code, as |
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added by this Act. |
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SECTION 4. This Act takes effect September 1, 2009. |