Texas Government Code 402.0351 – Required Posting of Human Trafficking Signs by Certain Entities; Civil Penalty
(a) In this section:
(1) “Cosmetology facility” means a person who holds a license to operate a facility or school under Chapter 1602, Occupations Code.
(2) “Council” means the human trafficking prevention coordinating council established under § 402.034.
(3) “Hospital” has the meaning assigned by § 241.003, Health and Safety Code.
(4) “Massage establishment” and “massage school” have the meanings assigned by § 455.001, Occupations Code.
(5) “Sexually oriented business” has the meaning assigned by § 243.002, Local Government Code.
(6) “Tattoo studio” has the meaning assigned by § 146.001, Health and Safety Code.
(7) “Transportation hub” means a bus, bus stop, train, train station, rest area, gas station with adjacent convenience store, or airport.
(a-1) Except as provided by Subsection (a-3), a person who operates any of the following entities shall post at the entity the sign prescribed under Subsection (b), or, if applicable, a similar sign or notice as prescribed by other state law:
(1) an entity permitted or licensed under Chapter 25, 26, 28, 32, 69, or 71, Alcoholic Beverage Code, other than an entity holding a food and beverage certificate;
(2) a cosmetology facility;
(3) a hospital;
(4) a massage establishment;
(5) a massage school;
(6) a sexually oriented business;
(7) a tattoo studio; or
(8) a transportation hub.
Terms Used In Texas Government Code 402.0351
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(a-2) The Parks and Wildlife Department shall post the sign prescribed under Subsection (b), or a substantially similar sign, in the manner prescribed by Subsection (d) at each state park and other recreational site under the department’s jurisdiction.
(a-3) Notwithstanding any other law, a state agency that enforces another state law that requires a person described by Subsection (a-1) to post a sign or notice relating to human trafficking may by rule authorize the person to use the sign prescribed by the attorney general under Subsection (b) in lieu of the sign or notice required by the other law.
(b) The attorney general by rule shall prescribe the design and content of a sign required to be posted under this section. The sign must:
(1) contain information regarding services and assistance available to victims of human trafficking;
(2) be in English, Spanish, and any other language determined appropriate by the attorney general in consultation with the council; and
(3) include:
(A) a toll-free telephone number and Internet website for accessing human trafficking resources;
(B) the contact information for reporting suspicious activity to the Department of Public Safety; and
(C) the key indicators that a person is a victim of human trafficking.
(c) The attorney general shall develop the sign that complies with the requirements of Subsection (b) and make the sign available on the attorney general’s Internet website to persons required to post a sign under this section and to the public.
(d) The attorney general by rule shall prescribe the best practices for the manner in which the sign must be displayed and any exceptions to the sign posting requirement. The rules:
(1) must require that at a minimum the sign be posted in a conspicuous place that is either:
(A) near the public entrance of the entity; or
(B) in clear view of the public and employees and near the location similar notices are customarily posted; and
(2) may require that the sign be a certain size and that the notice be displayed in a certain font and type size.
(e) In adopting the rules under this section, the attorney general shall consult with the council.
(f) If the attorney general becomes aware that a person is in violation or may be in violation of a law enforced by another state agency that requires the posting of a sign or notice relating to human trafficking, the attorney general may notify the appropriate state agency of the violation or potential violation.
(g) The attorney general shall issue a warning to a person described by Subsection (a-1) for a first violation of a rule adopted under this section. After receiving a warning for the first violation, a person who violates a rule adopted under this section is subject to a civil penalty in the amount of $200 for each subsequent violation. Each day a violation continues is a separate violation.