TEXAS   Enacted Legislation      Criminalization Statute HB 2096 HB 2096 establishes the first-degree felony of trafficking or transporting of persons who are younger than 14 at the time of the offense or if the commission of the offense results in the death of the person who is trafficked. Otherwise, the offense is a second-degree felony. According to the Texas Criminal Justice Policy Council, the punishment range for a first-degree felony offense is five to 99 years imprisonment; the range for a second-degree felony offense is two to 20 years imprisonment. [more] SB 1288 SB 1288 requires that a defendant in a common nuisance suit that is “required to execute the bond” and is a “hotel, motel, or similar establishments that rent overnight lodging to the public,” must post in each lodging unit, information pertaining to human trafficking that contains an “operating toll-free telephone number information of a nationally recognized information and referral hotline for victims of human trafficking.” The statute requires that the information be prominently displayed near the room rate information. [more] SB 1287 SB 1287 requires that a holder of a permit or license under Chapter 25, 26, 28, 32, 69 or 71 of the Alcoholic Beverage Code, post a sign with a warning about the illegality of “obtaining forced labor or services,” and the phone number for the national human trafficking hotline. The statute contains specific requirements for posting the sign, such as size, placement, and which languages must be used. [more] HB 1121 Texas: HB 1121 ensures that the judge presiding over a human trafficking trial must make an affirmative finding of fact that the victim was subject to a severe form of trafficking and suffered substantial physical and mental abuse; the judge must enter the finding in the court papers. The affirmative finding of fact must include specific information identifying the victim as available during the trail, may not include information identifying the victim’s location, and the finding of fact is confidential, unless released by written consent by the victim or by a parent/guardian if the victim is less than 18 years of age. HB 1121 also amends the definitions of “forced labor or services” and “traffic” under Section 20A.01 of the Penal Code, as well as the description of trafficking offenses. Under HB 1121, if the defendant in a trafficking case is a hotel or motel, it must post a notice with an operating toll free number for a nationally recognized hotline for trafficking victims in each of the lodging units on the premises that are subject of the suit; the notice must be posted in a conspicuous place, near the room rate information. HB 1121 requires the attorney general, in consultation with the Health and Human Services Commission, to prepare and issue a report, no later than September 1, 2008, outlining the success of existing laws and rules addressing the needs of trafficked persons and recommending areas of improvement and modification. The report also must outline the success of existing social service programs to address the needs of trafficked persons, the interplay of existing programs with federally funded victim service programs, and recommend areas of improvement and modification. [more] HB 533 HB 533 creates a civil liability clause in the Texas code to allow victims to bring a civil action against the perpetrator regardless of whether that person “has been acquitted, or has not been prosecuted or convicted…or has been convicted of a different offense.” The victim has the right to sue for actual damages, court and attorney costs. [more]      International Marriage Organizations (IMO)/International Marriage Brokers (IMB) HB 177 HB 177 requires IMOs to provide each foreign recruit with the criminal history record information and marital history information of the IMO’s clients and with basic rights information in the recruit’s native language. The IMO must disseminate this information no later than the 30th day after the date it receives the information from the client and must pay the costs incurred to translate this information into the recruit’s native language. The IMO may not provide any further services to the client or recruit until it has obtained the requested information from the client and provided it to the recruit. An IMO that violates the law is subject to a civil penalty not to exceed $20,000 for each violation. [more]      Task Force HB 4009 HB 4009 establishes the Human Trafficking Prevention Task Force. The statute specifies organizations that must be represented on the task force and mandates the task force to submit a report on December 1st of each even-numbered year regarding its activities and findings. HB 4009 provides trafficking victims with an affirmative defense to prosecution for a violation of the prostitution law. The statute establishes victim assistance program for domestic trafficking victims that includes a database of assistance programs, training curriculum for law enforcement, and a grant program for public organizations to provide services for domestic victims. HB 4009 creates the trafficking of persons investigation and prosecution account to distribute grants to counties for investigation and prosecution efforts and to non-governmental organizations for victim services and outreach efforts. [more] < Back to Map