Bill Text: TX SR847 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction on SB 20.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-05-26 - Reported enrolled [SR847 Detail]
Download: Texas-2019-SR847-Enrolled.html
By: Huffman | S.R. No. 847 |
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BE IT RESOLVED by the Senate of the State of Texas, 86th | ||
Legislature, Regular Session, 2019, That Senate Rule 12.03 be | ||
suspended in part as provided by Senate Rule 12.08 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) Senate Rules 12.03(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) Senate Rule 12.03(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; [ |
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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 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. | ||
_______________________________ | ||
President of the Senate | ||
I hereby certify that the | ||
above Resolution was adopted by | ||
the Senate on May 26, 2019, by the | ||
following vote: Yeas 31, Nays 0. | ||
_______________________________ | ||
Secretary of the Senate |