H.B. No. 4009

	AN ACT
	relating to the provision of services to certain persons involved
	in, and the prosecution, punishment, and prevention of, offenses
	involving trafficking of persons or certain forced or sex-based
	labor or services, and to law enforcement training related to
	offenses involving that trafficking.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter B, Chapter 402, Government Code, is
	amended by adding Section 402.035 to read as follows:
	Sec. 402.035.  HUMAN TRAFFICKING PREVENTION TASK FORCE.
	(a)  In this section, "task force" means the human trafficking
	prevention task force.
	(b)  The office of the attorney general shall establish the
	human trafficking prevention task force to develop policies and
	procedures to assist in the prevention and prosecution of human
	trafficking crimes.
	(c)  The task force is composed of the following:
	(1)  the governor or the governor's designee;
	(2)  the attorney general or the attorney general's
	designee;
	(3)  the executive commissioner of the Health and Human
	Services Commission or the executive commissioner's designee;
	(4)  the commissioner of the Department of Family and
	Protective Services or the commissioner's designee;
	(5)  the public safety director of the Department of
	Public Safety or the director's designee;
	(6)  one representative from each of the following
	state agencies, appointed by the chief administrative officer of
	the respective agency:
	(A)  the Texas Workforce Commission;
	(B)  the Texas Department of Criminal Justice;
	(C)  the Texas Youth Commission;
	(D)  the Texas Juvenile Probation Commission; and
	(E)  the Texas Alcoholic Beverage Commission; and
	(7)  as appointed by the attorney general:
	(A)  a public defender, as defined by Article
	26.044, Code of Criminal Procedure;
	(B)  an attorney representing the state;
	(C)  a representative of:
	(i)  a hotel and motel association;
	(ii)  a district and county attorneys
	association; and
	(iii)  a state police association;
	(D)  representatives of sheriff's departments;
	(E)  representatives of local law enforcement
	agencies affected by human trafficking; and
	(F)  representatives of nongovernmental entities
	making comprehensive efforts to combat human trafficking by:
	(i)  identifying human trafficking victims;
	(ii)  providing legal or other services to
	human trafficking victims;
	(iii)  participating in community outreach
	or public awareness efforts regarding human trafficking;
	(iv)  providing or developing training
	regarding the prevention of human trafficking; or
	(v)  engaging in other activities designed
	to prevent human trafficking.
	(d)  The task force shall:
	(1)  collaborate, as needed to fulfill the duties of
	the task force, with:
	(A)  United States attorneys for the districts of
	Texas; and
	(B)  special agents or customs and border
	protection officers and border patrol agents of:
	(i)  the Federal Bureau of Investigation;
	(ii)  the United States Drug Enforcement
	Administration;
	(iii)  the Bureau of Alcohol, Tobacco,
	Firearms and Explosives;
	(iv)  the United States Immigration and
	Customs Enforcement Agency; or
	(v)  the United States Department of
	Homeland Security;
	(2)  collect, organize, and periodically publish
	statistical data on the nature and extent of human trafficking in
	this state;
	(3)  solicit cooperation and assistance from state and
	local governmental agencies, political subdivisions of the state,
	nongovernmental organizations, and other persons, as appropriate,
	for the purpose of collecting and organizing statistical data under
	Subdivision (2);
	(4)  ensure that each state or local governmental
	agency and political subdivision of the state that assists in the
	prevention of human trafficking collects statistical data related
	to human trafficking, including, as appropriate:
	(A)  the number of investigations concerning,
	arrests and prosecutions for, and convictions of:
	(i)  the offense of trafficking of persons;
	and
	(ii)  the offense of forgery or an offense
	under Chapter 43, Penal Code, if committed as part of a criminal
	episode involving the trafficking of persons;
	(B)  demographic information on persons who are
	convicted of offenses described by Paragraph (A) and persons who
	are the victims of those offenses;
	(C)  geographic routes by which human trafficking
	victims are trafficked and geographic patterns in human
	trafficking, including the country or state of origin and the
	country or state of destination;
	(D)  means of transportation and methods used by
	persons who engage in trafficking to transport their victims; and
	(E)  social and economic factors that create a
	demand for the labor or services that victims of human trafficking
	are forced to provide;
	(5)  work with the Commission on Law Enforcement
	Officer Standards and Education to develop and conduct training for
	law enforcement personnel, victim service providers, and medical
	service providers to identify victims of human trafficking;
	(6)  on the request of a judge of a county court, county
	court at law, or district court or a county attorney, district
	attorney, or criminal district attorney, assist and train the judge
	or the judge's staff or the attorney or the attorney's staff in the
	recognition and prevention of human trafficking;
	(7)  examine training protocols related to human
	trafficking issues, as developed and implemented by federal, state,
	and local law enforcement agencies;
	(8)  collaborate with state and local governmental
	agencies, political subdivisions of the state, and nongovernmental
	organizations to implement a media awareness campaign in
	communities affected by human trafficking; and
	(9)  develop recommendations on how to strengthen state
	and local efforts to prevent human trafficking, protect and assist
	human trafficking victims, and prosecute human trafficking
	offenders.
	(e)  The presiding officer of the task force is the attorney
	general or the attorney general's designee.
	(f)  The office of the attorney general shall supervise the
	administration of the task force.  The attorney general shall
	provide the necessary staff and facilities to assist the task force
	in performing its duties.
	(g)  Not later than December 1 of each even-numbered year,
	the task force shall submit a report regarding the task force's
	activities, findings, and recommendations, including any proposed
	legislation, to the governor, the lieutenant governor, and the
	legislature.
	(h)  This section expires September 1, 2013.
	SECTION 2.  Chapter 531, Government Code, is amended by
	adding Subchapter J-1 to read as follows:
	SUBCHAPTER J-1. ASSISTANCE PROGRAM FOR DOMESTIC VICTIMS OF
	TRAFFICKING
	Sec. 531.381.  DEFINITIONS.  In this subchapter:
	(1)  "Domestic victim" means a victim of trafficking
	who is a permanent legal resident or citizen of the United States.
	(2)  "Victim of trafficking" has the meaning assigned
	by 22 U.S.C. Section 7102.
	Sec. 531.382.  VICTIM ASSISTANCE PROGRAM ESTABLISHED. The
	commission shall develop and implement a program designed to assist
	domestic victims, including victims who are children, in accessing
	necessary services. The program must consist of at least the
	following components:
	(1)  a searchable database of assistance programs for
	domestic victims, including programs that provide mental health
	services, other health services, services to meet victims' basic
	needs, case management services, and any other services the
	commission considers appropriate, that may be used to match victims
	with appropriate resources;
	(2)  the grant program described by Section 531.383;
	(3)  recommended training programs for judges,
	prosecutors, and law enforcement personnel; and
	(4)  an outreach initiative to ensure that victims,
	judges, prosecutors, and law enforcement personnel are aware of the
	availability of services through the program.
	Sec. 531.383.  GRANT PROGRAM. (a) Subject to available
	funds, the commission shall establish a grant program to award
	grants to public and nonprofit organizations that provide
	assistance to domestic victims, including organizations that
	provide public awareness activities, community outreach and
	training, victim identification services, and legal services.
	(b)  To apply for a grant under this section, an applicant
	must submit an application in the form and manner prescribed by the
	commission. An applicant must describe in the application the
	services the applicant intends to provide to domestic victims if
	the grant is awarded.
	(c)  In awarding grants under this section, the commission
	shall give preference to organizations that have experience in
	successfully providing the types of services for which the grants
	are awarded.
	(d)  A grant recipient shall provide reports as required by
	the commission regarding the use of grant funds.
	(e)  Not later than December 1 of each even-numbered year,
	the commission shall submit a report to the legislature summarizing
	the activities, funding, and outcomes of programs awarded a grant
	under this section and providing recommendations regarding the
	grant program.
	Sec. 531.384.  TRAINING PROGRAMS. The commission, with
	assistance from the Office of Court Administration of the Texas
	Judicial System, the Department of Public Safety, and local law
	enforcement agencies, shall create training programs designed to
	increase the awareness of judges, prosecutors, and law enforcement
	personnel of the needs of domestic victims, the availability of
	services under this subchapter, the database of services described
	by Section 531.382, and potential funding sources for those
	services.
	Sec. 531.385.  FUNDING. (a) The commission may use
	appropriated funds and may accept gifts, grants, and donations from
	any sources for purposes of the victim assistance program
	established under this subchapter.
	(b)  The commission shall conduct a study regarding
	additional funding strategies for the victim assistance program.
	In conducting the study, the commission, in cooperation with
	appropriate governmental entities, shall identify appropriate
	revenue streams, which may include revenue derived from:
	(1)  revenue streams similar to those used to fund
	crime victims' compensation under Subchapter B, Chapter 56, Code of
	Criminal Procedure;
	(2)  imposing additional court costs on defendants on
	conviction of certain offenses;
	(3)  imposing additional fees on the filing of civil
	cases;
	(4)  acquiring from law enforcement agencies the
	proceeds from assets seized or forfeited under state or federal
	law; and
	(5)  any other source identified by the commission.
	(c)  The commission shall submit a report regarding the
	results of the study conducted under Subsection (b) to the 82nd
	Legislature not later than December 1, 2010. The report must
	include the commission's findings regarding appropriate revenue
	streams for the victim assistance program, proposed legislation
	necessary to receive the revenue for that purpose, and proposed
	legislation regarding the establishment of a dedicated account to
	which the revenue may be credited.
	(d)  This subsection and Subsections (b) and (c) expire
	January 1, 2011.
	SECTION 3.  Section 772.006, Government Code, is amended by
	adding Subsections (d), (e), and (f) to read as follows:
	(d)  The trafficking of persons investigation and
	prosecution account is created in the general revenue fund. The
	account is composed of legislative appropriations and other money
	required by law to be deposited in the account. Income from money
	in the account shall be credited to the account. Sections 403.095
	and 404.071 do not apply to the account.
	(e)  The legislature may appropriate money from the
	trafficking of persons investigation and prosecution account
	created under Subsection (d) only to the criminal justice division
	for the purposes of this subsection.  The division may use the
	appropriated money solely to distribute grants to:
	(1)  counties that apply for the grants and that have
	dedicated full-time or part-time personnel to identify, prevent,
	investigate, or prosecute offenses under Chapter 20A, Penal Code;
	and
	(2)  nongovernmental organizations that apply for the
	grants and that provide comprehensive services in this state to
	prevent the commission of offenses under Chapter 20A, Penal Code,
	or to address the needs of victims of those offenses, including
	public awareness activities, community outreach and training,
	victim identification services, legal services, and other services
	designed to assist victims.
	(f)  The total amount of grants that may be distributed to
	counties  and nongovernmental organizations from the trafficking of
	persons investigation and prosecution account during each state
	fiscal year may not exceed $10 million.
	SECTION 4.  Subchapter C, Chapter 141, Human Resources Code,
	is amended by adding Section 141.056 to read as follows:
	Sec. 141.056.  STUDY OF ALTERNATIVES TO JUVENILE JUSTICE
	SYSTEM FOR CHILDREN WHO ENGAGE IN ACTS OF PROSTITUTION. (a)  The
	director shall establish a committee to evaluate alternatives to
	the juvenile justice system, such as government programs,
	faith-based programs, and programs offered by nonprofit
	organizations, for children who are accused of engaging in acts of
	prostitution.
	(b)  The director shall determine the size of the committee.
	The committee must be composed of:
	(1)  members of the Texas Juvenile Probation
	Commission, the Texas Youth Commission, and other relevant state
	agencies as determined by the director;
	(2)  members of the legislature;
	(3)  members of nongovernmental organizations that
	provide programs and services to combat and prevent trafficking of
	persons as described by Section 20A.02, Penal Code, in this state,
	including the following with respect to that trafficking:
	(A)  programs to promote public awareness;
	(B)  programs to identify and provide services to
	victims;
	(C)  legal services; and
	(D)  community outreach and training programs;
	and
	(4)  other juvenile justice experts.
	(c)  Not later than January 1, 2011, the committee shall
	prepare and deliver to each member of the legislature a report that
	includes the results of the study and recommendations for
	alternatives to the juvenile justice system for children who are
	accused of engaging in acts of prostitution.
	(d)  This section expires June 1, 2011.
	SECTION 5.  Subchapter F, Chapter 1701, Occupations Code, is
	amended by adding Section 1701.258 to read as follows:
	Sec. 1701.258.  EDUCATION AND TRAINING PROGRAMS ON
	TRAFFICKING OF PERSONS.  (a)  The commission by rule shall require
	an officer first licensed by the commission on or after January 1,
	2011, to complete within a reasonable time after obtaining the
	license a one-time basic education and training program on the
	trafficking of persons. The program must:
	(1)  consist of at least four hours of training; and
	(2)  include a review of the substance of Sections
	20A.02 and 43.05, Penal Code.
	(b)  The commission shall make available to each officer a
	voluntary advanced education, instruction, and training program on
	the trafficking of persons and compelling prostitution prohibited
	under Sections 20A.02 and 43.05, Penal Code.
	(c)  Not later than January 1, 2011, the commission shall
	begin offering the basic and advanced programs established under
	this section. This subsection expires September 1, 2011.
	SECTION 6.  Section 1701.402, Occupations Code, is amended
	by adding Subsection (h) to read as follows:
	(h)  As a requirement for an intermediate or advanced
	proficiency certificate issued by the commission on or after
	January 1, 2011, an officer must complete the basic education and
	training program on the trafficking of persons described by Section
	1701.258(a).
	SECTION 7.  Subsections (a) and (b), Section 20A.02, Penal
	Code, are amended to read as follows:
	(a)  A person commits an offense if the person knowingly:
	(1)  [knowingly] traffics another person with the
	intent or knowledge that the trafficked person will engage
	in forced labor or services; or
	(2)  [intentionally or knowingly] benefits from
	participating in a venture that involves an activity described by
	Subdivision (1), including by receiving labor or services the
	person knows are forced labor or services.
	(b)  Except as otherwise provided by this subsection, 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 Section 43.05 or 43.25 [43.02] and the person who is
	trafficked is a child younger than 18 years of age at the time of the
	offense, regardless of whether the actor knows the age of the child
	at the time the actor commits the offense; or
	(2)  the commission of the offense results in the death
	of the person who is trafficked.
	SECTION 8.  Section 43.02, Penal Code, is amended by adding
	Subsection (d) to read as follows:
	(d)  It is a defense to prosecution under this section that
	the actor engaged in the conduct that constitutes the offense
	because the actor was the victim of conduct that constitutes an
	offense under Section 20A.02.
	SECTION 9.  Subsection (a), Section 43.05, Penal Code, is
	amended to read as follows:
	(a)  A person commits an offense if the person [he]
	knowingly:
	(1)  causes another by force, threat, or fraud to
	commit prostitution; or
	(2)  causes by any means a child [person] younger than
	18 [17] years to commit prostitution, regardless of whether the
	actor knows the age of the child at the time the actor commits the
	offense.
	SECTION 10.  (a)  Not later than December 1, 2009, the
	office of the attorney general shall establish the human
	trafficking prevention task force as required by Section 402.035,
	Government Code, as added by this Act.
	(b)  Not later than October 1, 2009, the executive director
	of the Texas Juvenile Probation Commission shall establish a
	committee to evaluate alternatives to the juvenile justice system
	for children who are accused of engaging in acts of prostitution, as
	required by Section 141.056, Human Resources Code, as added by this
	Act.
	(c)  Not later than December 1, 2010, the Commission on Law
	Enforcement Officer Standards and Education shall adopt the rules
	necessary to implement Section 1701.258, Occupations Code, as added
	by this Act.
	(d)  The changes in law made by this Act to Sections 20A.02,
	43.02, and 43.05, Penal Code, 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 covered by the law in
	effect when 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 was committed before that date.
	SECTION 11.  This Act does not make an appropriation. A
	provision in this Act that creates a new governmental program,
	creates a new entitlement, or imposes a new duty on a governmental
	entity is not mandatory during a fiscal period for which the
	legislature has not made a specific appropriation to implement the
	provision.
	SECTION 12.  This Act takes effect September 1, 2009.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 4009 was passed by the House on May
	14, 2009, by the following vote:  Yeas 133, Nays 0, 1 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 4009 on May 29, 2009, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 4009 on May 31, 2009, by the following vote:  Yeas 143,
	Nays 0, 1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 4009 was passed by the Senate, with
	amendments, on May 23, 2009, by the following vote:  Yeas 31, Nays
	0; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	4009 on May 31, 2009, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor