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The Texas Fight Against Human Trafficking

A Legislative Update

Human trafficking is a multi-faceted problem and fighting this egregious crime requires a number of stakeholders and tactics. Comprehensive legislation and sound public policy are crucial components to laying a successful framework for tackling this issue. In 2000, the federal government passed our nation’s hallmark anti-trafficking legislation: The Trafficking Victims Protection Act (TVPA). In 2003, Texas became one of the first two states in the nation to enact a trafficking statute by adding Chapter 20A, Trafficking of Persons to the Texas Penal Code.

CHILDREN AT RISK works alongside other anti-trafficking advocates to help advance our state laws each legislative session. Texans should be proud to know that their lawmakers have continuously improved our state’s laws in this arena, and national rankings of state legislative frameworks consistently place Texas in the top tier. Following changes made by the 84thLegislature in 2015, Shared Hope International awarded Texas a grade of A for its legal framework to fight child sex trafficking. The Lone Star State is one of only six states to achieve this status.

Dozens of bills were filed in 2015 to address human trafficking. Legislators designated January as Human Trafficking Prevention Month in Texas and established a task force to improve data collection on human trafficking and other crimes. Lawmakers also created a Human Trafficking Business Partnership program through the Texas Secretary of State to allow businesses that voluntarily take steps to prevent and combat human trafficking to apply for a certificate of recognition.

The Texas Human Trafficking Prevention Task Force was extended for another two years and given the added responsibility of identifying recommendations for addressing the demand for forced labor and sexual slavery. It was first established in 2009 and has been a powerful and effective mechanism for promoting training, gathering information from across the state, and developing policy recommendations. House Bill 10 (Thompson/Huffman) was an omnibus bill founded on recommendations from the Task Force and passed in 2015. Some key provisions are highlighted below:

  • Created a Child Sex Trafficking Prevention Unit in the Governor’s Criminal Justice Division to serve as a statewide resource for assisting agencies and facilitating collaborative efforts for prevention, victim placement, rehabilitation, data collection, and prosecution.
  • Clarified that school districts and open-enrollment charter schools must have a policy in place for reporting human trafficking as a form of child abuse.
  • Ensured that members of the judiciary receive training on human trafficking.
  • Improved the eligibility of trafficking victims to receive compensation under the Crime Victims’ Compensation Act.
  • Removed the statute of limitations for compelling prostitution of a minor, improving the ability to prosecute pimps who victimize children.
  • Improved the ability to prosecute and punish those who seek to purchase sex from minors. The law enables charging sex buyers with a second degree felony if the person from whom they were soliciting represented themselves to be a minor or they believed them to be a minor. The law also requires individuals who purchase sex from minors to register as sex offenders.

As we enter 2016, Texans should be proud of their state’s commitment to fighting human trafficking; however, our work is far from over. Strong laws mean little without effective implementation, and local communities have the ability to promote meaningful prevention, protection, prosecution, and partnerships. Additionally, protections and services for victims continue to be identified as the area with the most room for improvement. Texas lawmakers reconvene in January 2017, and we look forward to working with various stakeholders during this interim period to identify policy solutions for the 85th Legislative Session.

Posted by Todd J. Latiolais on 12 Jan 2016