Middleton Bill Lets Trafficking Center Share Information With Merchants

The text as introduced · 1,120 words

By: Middleton
S.B. No. 389

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Anti-Human-Trafficking

Intelligence Center.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 10, Occupations Code, is amended by adding

Chapter 1705 to read as follows:

CHAPTER 1705. ANTI-HUMAN-TRAFFICKING INTELLIGENCE CENTER.

SUBCHAPTER A. GENERAL PROVISIONS.

Sec. 1705.001. DEFINITIONS. In this chapter:

(1) "Human trafficking" means an offense under Chapter

20A, Penal Code.

(2) "Center" means the anti-human-trafficking

intelligence center established under this chapter.

(3) "Commission" means the Texas Commission of

Licensing and Regulation.

(4) "Department" means the Texas Department of

Licensing and Regulation.

Sec. 1705.002. RULES. The commission shall adopt rules as

necessary to implement this chapter.

SUBCHAPTER B. PURPOSE AND ADMINISTRATION

Sec. 1705.051. ANTI-HUMAN-TRAFFICKING INTELLIGENCE CENTER

ESTABLISHED. The commission shall establish the center within the

department.

Sec. 1705.052. PURPOSES OF CENTER. The purposes of the

center are to:

(1) serve as the state's primary entity for the

planning, coordination, and integration of law enforcement

agencies and other governmental agencies that respond to criminal

activity related to human trafficking; and

(2) maximize the ability of the department, law

enforcement agencies, and other governmental agencies to detect,

prevent, and respond to criminal activities related to human

trafficking.

Sec. 1705.053. OPERATION AGREEMENTS AUTHORIZED; CHIEF

INTELLIGENCE COORDINATOR. (a) The department:

(1) may enter into agreements with any person,

including but not limited to, fusion centers, law enforcement

agencies, or other governmental agencies for the operation of the

center; and

(2) shall enter into an agreement with a law

enforcement agency or other governmental agency for the appointment

of a chief intelligence coordinator to supervise and manage the

operation of the center.

(b) The chief intelligence coordinator appointed under the

agreement required by Subsection (a)(2) may be a licensed peace

officer. The agreement must provide that the commission of a chief

intelligence coordinator who is a licensed peace officer will be

carried by the agency with which the department enters into the

agreement under that subdivision.

(c) All anti-trafficking victim identifiers and other

information a law enforcement agency or other governmental agency

collects and maintains under an agreement entered into with the

department under this chapter shall be maintained as confidential

and not disclosed to any other individual, entity, or governmental

body without the express consent of the chief intelligence

coordinator. On termination of the agreement, the contracting

agency shall transfer the information to the department in

accordance with the terms of the agreement.

Sec. 1705.054. POWERS AND DUTIES. (a) The center may

collaborate with federal, state, and local governmental agencies to

accomplish the purposes of the center.

(b) The center may assist any person, including but not

limited to, fusion centers, law enforcement agencies, other

governmental agencies, financial institutions, credit card

issuers, debit card issuers, payment card networks, institutions of

higher education, and merchants in their efforts to develop and

implement strategies to:

(1) detect human trafficking;

(2) ensure an effective response if human trafficking

is detected; and

(3) prevent human trafficking.

(c) The center may:

(1) serve as a centralized collection point for

information related to human trafficking;

(2) provide training and educational opportunities to

law enforcement;

(3) provide outreach to the public; and

(4) release information, subject to applicable

privacy laws and agreements, to any person, including but not

limited to, fusion centers, other government agencies, financial

institutions, credit card issuers, debit card issuers, payment card

networks, institutions of higher education, and merchants if the

center does not consider the information to be sensitive to law

enforcement.

(d) For purposes of Subsection (c)(4), information is

considered sensitive to law enforcement if the information would

disclose the identity of an anti-trafficking victim, could cause

harm to law enforcement activities, or jeopardize an investigation

or operation if disclosed.

(e) Except as otherwise provided by this chapter, all

information and materials received, compiled, or created by the

center are confidential and not subject to:

(1) disclosure under Chapter 552, Government Code; or

(2) disclosure, discovery, subpoena, or other means of

legal compulsion for their release to any person.

Sec. 1705.055. ANNUAL REPORT. (a) Not later than December

1 of each year, the chief intelligence coordinator shall file a

report with the department.

(b) The report must include:

(1) a plan of operation for the center and an estimate

of the amount of money necessary to implement that plan;

(2) an assessment of the current state of human

trafficking in this state, including:

(A) an identification of the geographic

locations in this state that have the highest statistical

probability for human trafficking; and

(B) a summary of human trafficking statistics for

the prior fiscal year;

(3) a detailed plan of operation for combatting human

trafficking;

(4) a communications plan for outreach to fusion

centers, other government agencies, law enforcement agencies,

financial institutions, credit card issuers, debit card issuers,

payment card networks, merchants, and the public; and

(5) a list of expenditures made since the most recent

report was filed with the department.

SUBCHAPTER C. FINANCIAL PROVISIONS

Sec. 1705.101. FUNDING. The department may solicit and

accept gifts, grants, and other donations to fund, administer, and

carry out the purposes of the center, except that the department may

not solicit or accept a gift, grant, or other donation from a

license holder as defined by Section 51.001.

Sec. 1705.102. AWARD OF GRANTS. (a) Subject to the

availability of appropriated money, the department may award grants

for the purposes of this chapter by entering into a contract with

each grant recipient.

(b) A grant recipient may use grant money to provide

training opportunities, conduct public outreach regarding

detection and prevention of human trafficking, and any other

activity that furthers the purposes of this chapter.

SECTION 2. (a) The Texas Department of Licensing and

Regulation may establish a workgroup composed of stakeholders to

provide input, advice, and recommendations regarding the

department's powers and duties under and the administration of

Chapter 1705, Occupations Code, added by this Act.

(b) If a workgroup is established as authorized by

Subsection (a) of this section, the Texas Department of Licensing

and Regulation shall lead the workgroup and determine the

workgroup's size, composition, and scope of purpose.

(c) A workgroup established under this section is abolished

and this section expires December 1, 2026.

SECTION 3. The Texas Commission of Licensing and Regulation

shall adopt rules necessary to implement the changes in law made by

this Act not later than December 1, 2025.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.