89R3063 MZM-F     By: Thompson H.B. No. 2318       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of a statewide human trafficking data   repository within the office of the attorney general and to   reporting of human trafficking data to the office of the attorney   general and by the attorney general.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2A.205, Code of Criminal Procedure, is   transferred to Subchapter B, Chapter 402, Government   Code, redesignated as Section 402.0352, Government Code, and   amended to read as follows:          Sec. 402.0352  [Art. 2A.205].  REPORTING OF [CERTAIN LAW   ENFORCEMENT AGENCIES: REPORT CONCERNING] HUMAN TRAFFICKING CASES.     (a)  This section [article] applies only to:                (1)  a municipal police department, sheriff's   department, constable's office, county attorney's office, district   attorney's office, and criminal district attorney's office, as   applicable, in a county with a population of more than 50,000;                (2)  the Department of Family and Protective Services;                 (3)  the Texas Department of Licensing and Regulation;                 (4)  the Office of Court Administration of the Texas   Judicial System;                 (5)  the Texas Department of Criminal Justice;                (6)  the Texas Juvenile Justice Department; and                (7) [(2)]  the Department of Public Safety.          (b)  An entity to which this section [article] applies that   investigates the alleged commission of an offense under Chapter   20A, Penal Code, or the alleged commission of an offense under   Chapter 43, Penal Code, that may involve human trafficking, shall   submit to the attorney general [a report] in the manner and form   prescribed by the attorney general a report containing the   following information:                (1)  the offense being investigated, including the   offense code designated by the Department of Public Safety under   Article 66.052, Code of Criminal Procedure [a brief description of   the alleged prohibited conduct];                (2)  regarding each person suspected of committing the   offense [and each victim of the offense, as applicable]:                      (A)  the person's:                            (i)  full name [age];                            (ii)  gender; [and]                            (iii)  race or ethnicity, as defined by   Article 2B.0051, Code of Criminal Procedure;                            (iv)  country of origin, if the person is not   a United States citizen or legal permanent resident;                            (v)  date of birth; and                            (vi)  age at the time of the offense, if   available; and                      (B)  the case number associated with the person   and the offense [and with the person suspected of committing the   offense];                (3)  the date[, time,] and location of the alleged   offense, including the city and county;                (4)  [the type of human trafficking involved,   including:                      [(A)  forced labor or services, as defined by   Section 20A.01, Penal Code;                      [(B)  causing the victim by force, fraud, or   coercion to engage in prohibited conduct involving one or more   sexual activities, including conduct described by Section   20A.02(a)(3), Penal Code; or                      [(C)  causing a child victim by any means to   engage in, or become the victim of, prohibited conduct involving   one or more sexual activities, including conduct described by   Section 20A.02(a)(7), Penal Code;                [(5)  if available, information regarding any victims'   service organization or program to which the victim was referred as   part of the investigation; and                [(6)]  the disposition of the investigation, if any,   regardless of the manner of disposition; and                (5)  regarding the victim of the offense:                      (A)  the victim's:                            (i)  age at the time of the offense, if   available;                            (ii)  gender;                            (iii)  race or ethnicity, as defined by   Article 2.132, Code of Criminal Procedure; and                            (iv)  country of origin, if the victim is not   a United States citizen or legal permanent resident; and                      (B)  if available, information regarding any   victims' service organization or program to which the victim was   referred as part of the investigation.          (c)  An entity described by Subsection (a) that does not have   any investigations or offenses required to be reported under this   section during a reporting period described by Subsection (c-1)   shall submit to the attorney general a notice stating there are no   cases to report, in the manner and form prescribed by the attorney   general [An attorney representing the state who prosecutes the   alleged commission of an offense under Chapter 20A, Penal Code, or   the alleged commission of an offense under Chapter 43, Penal Code,   that may involve human trafficking, shall submit to the attorney   general the following information:                [(1)  the offense being prosecuted, including a brief   description of the alleged prohibited conduct;                [(2)  any other charged offense that is part of the same   criminal episode out of which the offense described by Subdivision   (1) arose;                [(3)  the information described by Subsections (b)(2),   (3), (4), and (5); and                [(4)  the disposition of the prosecution, regardless of   the manner of disposition].          (c-1)  An entity described by Subsection (a) shall submit a   report under this section at least once every three months.          (d)  The attorney general may enter into a contract with a   university or organization to assist with [that provides for the   university's assistance in] the collection and analysis of   information received under this section [article].  The attorney   general shall ensure that all sensitive information is properly   protected.          (e)  Information described by Subsections (b)(2)(A)(i) and   (v) and (b)(2)(B) is confidential and not subject to disclosure   under Chapter 552, Government Code.          (f)  In consultation with the entities described by   Subsection (a), the attorney general shall adopt rules to   administer this section [article], including rules prescribing:                (1)  the form and manner of submission of a report or   notice required by Subsection (b) or (c); and                (2)  additional information to include in a report or   notice required by Subsection (b) or (c).          (g)  An entity, other than an entity described by Subsection   (a), that has information or evidence relating to the alleged   commission of an offense under Chapter 20A, Penal Code, or an   offense under Chapter 43, Penal Code, that may involve human   trafficking, may submit the information or evidence to the office   of the attorney general.          SECTION 2.  Subchapter B, Chapter 402, Government Code, is   amended by adding Section 402.0353 to read as follows:          Sec. 402.0353.  STATEWIDE HUMAN TRAFFICKING DATA   REPOSITORY; ANNUAL REPORT.  (a)  The office of the attorney general   shall establish a statewide human trafficking data repository to   collect, organize, and analyze human trafficking information   reported to the office under Section 402.0352 in a manner that   enables the office to:                (1)  evaluate the efficacy of state-funded initiatives   that aim to reduce the occurrence of human trafficking in this   state;                (2)  make recommendations to appropriate local law   enforcement agencies, state agencies, and other entities regarding   the implementation of rules, regulations, or policies which may   better allow each entity to:                      (A)  combat human trafficking;                      (B)  apprehend and prosecute persons suspected of   committing criminal offenses involving human trafficking; and                      (C)  provide necessary services to victims of   human trafficking; and                (3)  make recommendations to improve the efficacy of   the human trafficking prevention task force under Section 402.035.          (b)  Information stored in the data repository established   under this section may not contain personal identifying information   relating to:                (1)  a person suspected of committing an offense   involving human trafficking;                (2)  a suspected or known victim of human trafficking;   or                 (3)  any other individual identified in the information   shared with the office of the attorney general under Section   402.0352.           (c)  For purposes of establishing and maintaining the data   repository established under this section, the attorney general may   contract with a third party that has experience working with human   trafficking data and is:                (1)  a public or private institution of higher   education; or                (2)  a nonprofit organization.          (d)  The attorney general shall annually submit to the   governor, the lieutenant governor, and the speaker of the house of   representatives a report on the attorney general's findings and   recommendations based on the information collected, organized, and   analyzed using the data repository established under this section.          SECTION 3.  Section 4.01, Chapter 93 (S.B. 1527), Acts of the   88th Legislature, Regular Session, 2023, which amended Article   2.305, Code of Criminal Procedure, is repealed.          SECTION 4.  Notwithstanding Article 2A.205, Code of Criminal   Procedure, as transferred, redesignated, and amended by this Act,   an entity that was not required to report under that article, as it   existed immediately before the effective date of this Act, is not   required to submit the initial report required by that article   before July 1, 2026.          SECTION 5.  Notwithstanding Section 402.0353, Government   Code, as added by this Act, the attorney general is not required to   submit the initial annual report required by that section before   July 1, 2027.          SECTION 6.  To the extent of any conflict, this Act prevails   over another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 7.  This Act takes effect September 1, 2025.