Bill Text: TX HB1113 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to state contract limitations and programs for sex trafficking prevention and victim treatment.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-21 - Placed on intent calendar [HB1113 Detail]
Download: Texas-2019-HB1113-Comm_Sub.html
By: Davis of Harris, et al. | H.B. No. 1113 | |
(Senate Sponsor - Alvarado) | ||
(In the Senate - Received from the House May 9, 2019; | ||
May 14, 2019, read first time and referred to Committee on State | ||
Affairs; May 19, 2019, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 9, Nays 0; | ||
May 19, 2019, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 1113 | By: Zaffirini |
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relating to state contract limitations and programs for sex | ||
trafficking prevention and victim treatment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 2155, Government Code, is | ||
amended by adding Section 2155.0061 to read as follows: | ||
Sec. 2155.0061. PROHIBITION ON CERTAIN BIDS AND CONTRACTS | ||
RELATED TO PERSONS INVOLVED IN HUMAN TRAFFICKING. (a) A state | ||
agency may not accept a bid or award a contract, including a | ||
contract for which purchasing authority is delegated to a state | ||
agency, that includes proposed financial participation by a person | ||
who, during the five-year period preceding the date of the bid or | ||
award, has been convicted of any offense related to the direct | ||
support or promotion of human trafficking. | ||
(b) A bid or award subject to the requirements of this | ||
section must include the following statement: | ||
"Under Section 2155.0061, Government Code, the vendor | ||
certifies that the individual or business entity named in this bid | ||
or contract is not ineligible to receive the specified contract and | ||
acknowledges that this contract may be terminated and payment | ||
withheld if this certification is inaccurate." | ||
(c) If a state agency determines that an individual or | ||
business entity holding a state contract was ineligible to have the | ||
bid accepted or contract awarded under this section, the state | ||
agency may immediately terminate the contract without further | ||
obligation to the vendor. | ||
(d) This section does not create a cause of action to | ||
contest a bid or award of a state contract. | ||
SECTION 2. Section 2155.077(a-1), Government Code, is | ||
amended to read as follows: | ||
(a-1) The commission shall bar a vendor from participating | ||
in state contracts that are subject to this subtitle, including | ||
contracts for which purchasing authority is delegated to a state | ||
agency, if the vendor has been: | ||
(1) convicted of violating a federal law in connection | ||
with a contract awarded by the federal government for relief, | ||
recovery, or reconstruction efforts as a result of Hurricane Rita, | ||
as defined by Section 39.459, Utilities Code, Hurricane Katrina, or | ||
any other disaster occurring after September 24, 2005; [ |
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(2) assessed a penalty in a federal civil or | ||
administrative enforcement action in connection with a contract | ||
awarded by the federal government for relief, recovery, or | ||
reconstruction efforts as a result of Hurricane Rita, as defined by | ||
Section 39.459, Utilities Code, Hurricane Katrina, or any other | ||
disaster occurring after September 24, 2005; or | ||
(3) convicted of any offense related to the direct | ||
support or promotion of human trafficking. | ||
SECTION 3. Subtitle B, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 50 to read as follows: | ||
CHAPTER 50. SEX TRAFFICKING PREVENTION AND VICTIM TREATMENT | ||
PROGRAMS | ||
SUBCHAPTER A. TREATMENT PROGRAM FOR VICTIMS OF CHILD SEX | ||
TRAFFICKING | ||
Sec. 50.0001. DEFINITIONS. In this subchapter: | ||
(1) "Child sex trafficking" has the meaning assigned | ||
by Section 772.0062, Government Code. | ||
(2) "Program" means the treatment program for victims | ||
of child sex trafficking established under this subchapter. | ||
Sec. 50.0002. ESTABLISHMENT; PURPOSE. The commission, in | ||
collaboration with the institution designated under Section | ||
50.0003, shall establish a program to improve the quality and | ||
accessibility of care for victims of child sex trafficking in this | ||
state. | ||
Sec. 50.0003. DESIGNATION OF INSTITUTION; OPERATION OF | ||
PROGRAM. (a) The commission shall designate a health-related | ||
institution of higher education to operate the program. | ||
(b) The designated institution shall improve the quality | ||
and accessibility of care for victims of child sex trafficking by: | ||
(1) dedicating a unit at the institution to provide or | ||
contract for inpatient care for victims of child sex trafficking; | ||
(2) dedicating a unit at the institution to provide or | ||
contract for outpatient care for victims of child sex trafficking; | ||
(3) creating opportunities for research and workforce | ||
expansion related to treatment of victims of child sex trafficking; | ||
and | ||
(4) assisting other health-related institutions of | ||
higher education in this state to establish similar programs. | ||
(c) The commission shall solicit and review applications | ||
from health-related institutions of higher education before | ||
designating an institution under this section. | ||
Sec. 50.0004. FUNDING. In addition to money appropriated | ||
by the legislature, the designated institution may accept gifts, | ||
grants, and donations from any public or private person for the | ||
purpose of carrying out the program. | ||
Sec. 50.0005. RULES. The executive commissioner shall | ||
adopt rules necessary to implement this subchapter. | ||
SUBCHAPTER B. MATCHING GRANT PROGRAM FOR MUNICIPAL SEX TRAFFICKING | ||
PREVENTION PROGRAMS | ||
Sec. 50.0051. ESTABLISHMENT OF MATCHING GRANT PROGRAM. (a) | ||
The commission shall establish a matching grant program to award to | ||
a municipality a grant in an amount equal to the amount committed by | ||
the municipality for the development of a sex trafficking | ||
prevention needs assessment. A municipality that is awarded a | ||
grant must develop the needs assessment in collaboration with a | ||
local institution of higher education and on completion submit a | ||
copy of the needs assessment to the commission. | ||
(b) A sex trafficking prevention needs assessment developed | ||
under Subsection (a) must outline: | ||
(1) the prevalence of sex trafficking crimes in the | ||
municipality; | ||
(2) strategies for reducing the number of sex | ||
trafficking crimes in the municipality; and | ||
(3) the municipality's need for additional funding for | ||
sex trafficking prevention programs and initiatives. | ||
Sec. 50.0052. APPLICATION. (a) A municipality may apply to | ||
the commission in the form and manner prescribed by the commission | ||
for a matching grant under this subchapter. To qualify for a grant, | ||
an applicant must: | ||
(1) develop a media campaign and appoint a municipal | ||
employee to oversee the program; and | ||
(2) provide proof that the applicant is able to obtain | ||
or secure municipal money in an amount at least equal to the amount | ||
of the awarded grant. | ||
(b) The commission shall review applications for a matching | ||
grant submitted under this section and award matching grants to | ||
each municipality that demonstrates in the application the most | ||
effective strategies for reducing the number of sex trafficking | ||
crimes in the municipality and the greatest need for state funding. | ||
(c) The commission may provide a grant under Subsection (b) | ||
only in accordance with a contract between the commission and the | ||
municipality. The contract must include provisions under which the | ||
commission is granted sufficient control to ensure the public | ||
purpose of sex trafficking prevention is accomplished and the state | ||
receives the return benefit. | ||
Sec. 50.0053. FUNDING. In addition to money appropriated | ||
by the legislature, the commission may solicit and accept gifts, | ||
grants, or donations from any source to administer and finance the | ||
matching grant program established under this subchapter. | ||
SUBCHAPTER C. SEX TRAFFICKING PREVENTION GRANT PROGRAM FOR LOCAL | ||
LAW ENFORCEMENT | ||
Sec. 50.0101. ESTABLISHMENT OF GRANT PROGRAM. (a) The | ||
office of the governor, in collaboration with the Child Sex | ||
Trafficking Prevention Unit established under Section 772.0062, | ||
Government Code, shall establish and administer a grant program to | ||
train local law enforcement officers to recognize signs of sex | ||
trafficking. | ||
(b) The office of the governor may establish eligibility | ||
criteria for a grant applicant. | ||
(c) A grant awarded under this section must include | ||
provisions under which the office of the governor is provided | ||
sufficient control to ensure the public purpose of sex trafficking | ||
prevention is accomplished and the state receives the return | ||
benefit. | ||
Sec. 50.0102. FUNDING. In addition to money appropriated | ||
by the legislature, the office of the governor may solicit and | ||
accept gifts, grants, or donations from any source to administer | ||
and finance the grant program established under this subchapter. | ||
SECTION 4. As soon as practicable after the effective date | ||
of this Act: | ||
(1) the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules as necessary to implement | ||
Subchapters A and B, Chapter 50, Health and Safety Code, as added by | ||
this Act; and | ||
(2) the governor shall adopt rules as necessary to | ||
implement Subchapter C, Chapter 50, Health and Safety Code, as | ||
added by this Act. | ||
SECTION 5. Section 2155.0061, Government Code, as added by | ||
this Act, applies only in relation to a state contract for which the | ||
request for bids or proposals or other applicable expressions of | ||
interest are made public on or after the effective date of this Act. | ||
SECTION 6. Section 2155.077, Government Code, as amended by | ||
this Act, applies only to a contract entered into on or after the | ||
effective date of this Act. | ||
SECTION 7. A state agency is required to implement a | ||
provision of this Act only if the legislature appropriates money to | ||
the agency specifically for the purpose of implementing the | ||
applicable provision. If the legislature does not appropriate | ||
money specifically for the purpose of implementing the applicable | ||
provision, the agency may, but is not required to, implement the | ||
provision using other appropriations available for that purpose. | ||
SECTION 8. This Act takes effect September 1, 2019. | ||
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