Bill Text: TX HR2198 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Suspending limitations on conference committee jurisdiction, S.B. No. 20.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-05-28 - Reported enrolled [HR2198 Detail]

Download: Texas-2019-HR2198-Enrolled.html

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H.R. No. 2198

R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 86th Legislature, Regular Session, 2019, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on Senate Bill 20 (the prevention of,
reporting regarding, investigation of, prosecution of, criminal
and civil penalties for, and other consequences of prostitution,
trafficking of persons, and related criminal offenses, to
treatment, services, and compensation available to victims of those
offenses, and to orders of nondisclosure for certain persons who
are victims of certain of those offenses) to consider and take
action on the following matters:
(1) House Rule 13, Sections 9(a)(1) and (3), are suspended
to permit the committee to change, alter, or amend text and to add
text on a matter not in disagreement in the transition language
provided by proposed SECTION 2.06 of the senate engrossment of
Senate Bill 20 and provided by the corresponding section of the bill
as the bill was amended by the house, to read as follows:
SECTION 2.06. (a) Except as provided by Subsection (b) of
this section, the change in law made by this article applies 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.
(b) Subsection (a) of this section does not apply to Section
402.035(f-3), Government Code, as added by this article.
Explanation: This change is necessary to provide for a
transition for Section 402.035(f-3), Government Code, as added by
the house.
(2) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter not included in either the
house or senate version of the bill by adding the following new
ARTICLES to the bill:
ARTICLE 5. SEX TRAFFICKING PREVENTION AND VICTIM TREATMENT PROGRAMS
SECTION 5.01. 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 5.02. 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 article; and
(2) the governor shall adopt rules as necessary to
implement Subchapter C, Chapter 50, Health and Safety Code, as
added by this article.
SECTION 5.03. A state agency is required to implement a
provision of this article 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.
ARTICLE 6. PROHIBITION ON CERTAIN BIDS AND CONTRACTS RELATED TO
PERSONS INVOLVED IN HUMAN TRAFFICKING
SECTION 6.01. 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 6.02. 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; [or]
(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 6.03. Section 2155.0061, Government Code, as added
by this article, 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 6.04. Section 2155.077, Government Code, as amended
by this article, applies only to a contract entered into on or after
the effective date of this Act.
Explanation: The addition is necessary to add programs for
sex trafficking prevention and sex trafficking victim treatment and
to prohibit certain bids and contracts related to persons involved
in human trafficking.
Thompson of Harris
______________________________
Speaker of the House
I certify that H.R. No. 2198 was adopted by the House on May
26, 2019, by the following vote: Yeas 141, Nays 3, 1 present, not
voting.
______________________________
Chief Clerk of the House