Bill Caption

Relating to regulation of certain facilities and establishments with respect to, civil remedies for certain criminal activities affecting, and certain criminal offenses involving health, safety, and welfare; creating a criminal offense; increasing criminal penalties.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 1540 would make several changes to laws relating to human trafficking. Law enforcement would be permitted to issue notice to the owner of a massage establishment if they have reason to believe the promotion of prostitution, compelled prostitution, or the commercial manufacture or distribution of obscene material has occurred on the property, rather than having to make an arrest to issue notice. After issuing notice, a subsequent arrest or police testimony that the illegal activity occurred would constitute evidence that the owner knowingly tolerated it and did not make a reasonable effort to abate it.

HB 1540 would require the Texas Alcoholic Beverage Commission to deny permits for a period of three years if an applicant is alleged or found to have committed illegal drink solicitation. The bill would remove the requirement that a civil racketeering related to the trafficking of persons offense must occur in more than one county and be facilitated by communication from one county to another. A court would be permitted to impose multiple types of penalties on racketeering offenders.

HB 1540 would also make changes to certain laws on residential treatment centers for victims of human trafficking. Child-care facilities operating as a residential treatment center would be included in child safety zone orders. The bill would upgrade penalties for certain drug and gang-related offenses committed by an adult within 1,000 feet of such facilities. The Department of Family and Protective Services would have to promulgate standards ensuring the safety of children and victims of human trafficking on the grounds of any residential treatment center.

Such facilities would have to post No Trespassing signs in certain areas of their property; trespassing onto their grounds would be included in the offense of criminal trespass. If a person recruits or obtains a trafficking victim from the grounds of such a facility, they will have committed a first-degree felony.

If enacted, a claimant in a civil suit alleging human trafficking would be permitted to use a pseudonym or omit personal information throughout the course of the suit. Victims of human trafficking offenses would also be permitted to use a pseudonym when testifying before a legislative committee.

Vote Recommendation Notes

While certain provisions of HB 1540 might make good policy, Texas Action is neutral as the bill does not significantly affect any of our Liberty Principles.