2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 402 - Attorney General › Subchapter B. Duties › Section 402.035. Human Trafficking Prevention Task Force

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.
(b-1)  A state or local law enforcement agency, district attorney, or county attorney that assists in the prevention of human trafficking shall, at the request of the task force, cooperate and assist the task force in collecting any statistical data on the nature and extent of human trafficking in the possession of the law enforcement agency or district or county attorney.
(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 commissioner of the Department of State Health Services or the commissioner's designee;
(6)  the public safety director of the Department of Public Safety or the director's designee;
(7)  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 Juvenile Justice Department;
(D)  the Texas Education Agency;
(E)  the Texas Alcoholic Beverage Commission;
(F)  the Parks and Wildlife Department;
(G)  the Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families;
(H)  the Texas Department of Licensing and Regulation;
(I)  the Office of Court Administration of the Texas Judicial System;
(J)  the office of the secretary of state;
(K)  the Texas Commission on Law Enforcement; and
(L)  the Texas Department of Transportation; and
(8)  as appointed by the attorney general:
(A)  a chief public defender employed by a public defender's office, as defined by Article 26.044(a), Code of Criminal Procedure, or an attorney designated by the chief public defender;
(B)  an attorney representing the state;
(C)  a representative of:
(i)  a hotel and motel association;
(ii)  a district and county attorneys association;
(iii)  a state police association; and
(iv)  a statewide medical association;
(D)  a representative of a sheriff's department;
(E)  a representative of a local law enforcement agency affected by human trafficking;
(F)  a representative of a nongovernmental entity 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; and
(v)  engaging in other activities designed to prevent human trafficking; and
(G)  representatives of regional human trafficking task forces or coalitions.
(c-1)  The attorney general shall annually evaluate the input and participation of members appointed under Subsection (c)(8) and, if necessary, appoint new members who will collaborate and contribute to the task force.
(d)  The task force shall:
(1)  collaborate, as needed to fulfill the duties of the task force, with:
(A)  United States attorneys' offices for all of the federal 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)  United States Immigration and Customs Enforcement; 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, including:
(A)  the number of investigations concerning, arrests and prosecutions for, and convictions of:
(i)  the offense of trafficking of persons;
(ii)  the offense of forgery or an offense under Chapter 43, Penal Code, if the offense was committed as part of a criminal episode involving the trafficking of persons; and
(iii)  an offense punishable as a felony of the second degree under Section 43.021, Penal Code, regardless of whether the offense was 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, including routes by which victims are trafficked across this state's international border, 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;
(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)   work with the Texas Commission on Law Enforcement to develop and conduct training for law enforcement personnel, victim service providers, and medical service providers to identify victims of human trafficking;
(5)  work with the Texas Education Agency, the Department of Family and Protective Services, and the Health and Human Services Commission to:
(A)  develop a list of key indicators that a person is a victim of human trafficking;
(B)  develop a standardized curriculum for training doctors, nurses, emergency medical services personnel, teachers, school counselors, school administrators, and personnel from the Department of Family and Protective Services and the Health and Human Services Commission to identify and assist victims of human trafficking;
(C)  train doctors, nurses, emergency medical services personnel, teachers, school counselors, school administrators, and personnel from the Department of Family and Protective Services and the Health and Human Services Commission to identify and assist victims of human trafficking;
(D)  develop and conduct training for personnel from the Department of Family and Protective Services and the Health and Human Services Commission on methods for identifying children in foster care who may be at risk of becoming victims of human trafficking; and
(E)  develop a process for referring identified human trafficking victims and individuals at risk of becoming victims to appropriate entities for services;
(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;
(9)  develop recommendations on how to strengthen state and local efforts to prevent human trafficking, protect and assist human trafficking victims, curb markets and other economic avenues that facilitate human trafficking and investigate and prosecute human trafficking offenders;
(10)  examine:
(A)  the extent to which human trafficking is associated with the operation of:
(i)  sexually oriented businesses, as defined by Section 243.002, Local Government Code; and
(ii)  massage establishments permitting conduct described by Section 455.202(b)(4), Occupations Code; and
(B)  the workplace or public health concerns that are created by the association of human trafficking and the operation of sexually oriented businesses and massage establishments described by Paragraph (A);
(11)  develop recommendations for addressing the demand for forced labor or services or sexual conduct involving victims of human trafficking, including recommendations for increased penalties for individuals who engage or attempt to engage in solicitation of prostitution with victims younger than 18 years of age; and
(12)  identify and report to the governor and legislature on laws, licensure requirements, or other regulations that can be passed at the state and local level to curb trafficking using the Internet and in sexually oriented businesses and massage establishments.
(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.
(f-1)  The following state agencies shall designate an individual who is authorized to coordinate the agency's resources to strengthen state and local efforts to prevent human trafficking, protect and assist human trafficking victims, and investigate and prosecute human trafficking offenders:
(1)  the Texas Alcoholic Beverage Commission;
(2)  the Department of Family and Protective Services;
(3)  the Department of Public Safety;
(4)  the Department of State Health Services;
(5)  the Health and Human Services Commission;
(6)  the Texas Juvenile Justice Department;
(7)  the Texas Education Agency;
(8)  the Texas Department of Transportation;
(9)  the office of the attorney general; and
(10)  the office of the governor.
(f-2)  Each state agency shall provide to the task force the name of the individual designated under Subsection (f-1).
(f-3)  The attorney general may enter into a contract with an institution of higher education or private or independent institution of higher education, as those terms are defined by Section 61.003, Education Code, for the institution's assistance in the collection and analysis of information received under this section.  The attorney general may adopt rules to administer the submission and collection of information under this section.
(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.
(g-1)  In this section, "emergency medical services personnel" has the meaning assigned by Section 773.003, Health and Safety Code.
(h)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 1.02, eff. September 1, 2019.
Added by Acts 2009, 81st Leg., R.S., Ch. 1002 (H.B. 4009), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 775 (H.B. 1930), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 6, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 297 (H.B. 1272), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 146 (H.B. 188), Sec. 1, eff. May 28, 2015.
Acts 2015, 84th Leg., R.S., Ch. 332 (H.B. 10), Sec. 10, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 92, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 8.003, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 8.004, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 27, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 28, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 44(1), eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 762 (S.B. 2039), Sec. 3, eff. June 12, 2017.
Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 1.02, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 2.04, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 41, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 93 (S.B. 1527), Sec. 1.02, eff. September 1, 2023.