85R12944 SCL-F     By: Burns H.B. No. 2858       A BILL TO BE ENTITLED   AN ACT   relating to human trafficking signs at abortion facilities and   offenses associated with human trafficking and coerced abortion;   increasing criminal penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 245, Health and Safety Code, is amended   by adding Section 245.025 to read as follows:          Sec. 245.025.  HUMAN TRAFFICKING SIGNS REQUIRED. (a) An   abortion facility shall display a sign in accordance with this   section in each patient admission area, waiting room, restroom, and   patient consulting room.  The sign must state:          WARNING: Obtaining forced labor or services is a crime under   Texas law. If you or someone you know is a victim of such a crime,   you are encouraged to call the national human trafficking hotline   at 1-888-373-7888. You may remain anonymous.          (b)  A sign required under this section must be in English   and Spanish. If an abortion facility is located in a political   subdivision required to provide election materials in a language   other than English or Spanish under Section 272.011, Election Code,   the sign must also be in that language.          (c)  A sign required under this section must be at least   8-1/2 by 11 inches in size and displayed in a conspicuous manner   clearly visible to the public and employees of an abortion   facility. The notice must cover at least four-fifths of the sign.          (d)  The executive commissioner shall adopt rules as   necessary to implement and enforce this section.          SECTION 2.  Section 20A.02(b), Penal Code, is amended to   read as follows:          (b)  Except as otherwise provided by this subsection, an   offense under this section is a felony of the second degree.  An   offense under this section is a felony of the first degree if:                (1)  the applicable conduct constitutes an offense   under Subsection (a)(5), (6), (7), or (8), regardless of whether   the actor knows the age of the child at the time the actor commits   the offense; [or]                (2)  the commission of the offense results in the death   of the person who is trafficked; or                (3)  the commission of the offense results in the death   of an unborn child of the person who is trafficked in violation of   Chapter 19.          SECTION 3.  Section 22.01, Penal Code, is amended by adding   Subsection (c-1) to read as follows:          (c-1)  Notwithstanding Subsections (b), (b-1), and (c), an   offense under Subsection (a)(1) or (2) is a felony of the second   degree if the actor intentionally or knowingly used force or the   threat of force to compel a woman to receive an abortion.          SECTION 4.  (a) Not later than December 1, 2017, the   executive commissioner of the Health and Human Services Commission   shall adopt the rules necessary to implement Section 245.025,   Health and Safety Code, as added by this Act.          (b)  An abortion facility is not required to comply with   Section 245.025, Health and Safety Code, as added by this Act,   before January 1, 2018.          SECTION 5.  Sections 20A.02 and 22.01, Penal Code, as   amended by this Act, apply 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 that 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 was committed before that date.          SECTION 6.  This Act takes effect September 1, 2017.