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.