Tex. Gov't Code Section 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 Section 402.034 (Human Trafficking Prevention Coordinating Council).

(3)

“Hospital” has the meaning assigned by Section 241.003 (Definitions), Health and Safety Code.

(4)

“Massage establishment” and “massage school” have the meanings assigned by Section 455.001 (Definitions), Occupations Code.

(5)

“Sexually oriented business” has the meaning assigned by Section 243.002 (Definition), Local Government Code.

(6)

“Tattoo studio” has the meaning assigned by Section 146.001 (Definitions), 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 (Wine and Malt Beverage Retailer’s Permit), 26, 28 (Mixed Beverage Permit), 32 (Private Club Registration Permit), 69 (Retail Dealer’s On-premise License), or 71 (Retail Dealer’s Off-premise License), 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.

(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.
Added by Acts 2019, 86th Leg., R.S., Ch. 985 (S.B. 1219), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 280 (H.B. 3721), Sec. 4, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1049 (S.B. 1831), Sec. 4, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 10.002, eff. September 1, 2023.

Source: Section 402.0351 — Required Posting of Human Trafficking Signs by Certain Entities; Civil Penalty, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­402.­htm#402.­0351 (accessed Mar. 23, 2024).

402.001
Assistants
402.002
Register
402.003
Report
402.004
Admission, Agreement, or Waiver
402.005
Acceptance of Gifts, Grants, and Forfeited Assets
402.006
Fees
402.007
Payment to Treasury
402.008
Office
402.009
Authority to Employ and Commission Peace Officers
402.010
Legal Challenges to Constitutionality of State Statutes
402.021
Representation of State
402.023
Corporate Charters
402.024
Defense of District Attorney or Grand Juror
402.025
Property Transactions
402.026
Inspection of Accounts
402.027
Forms
402.028
Assistance to Prosecuting Attorneys
402.029
Notice of Attorney of Record
402.030
Participation by Fathers
402.031
Preparation of Landowner’s Bill of Rights Statement
402.033
Reporting Fraudulent Activities
402.034
Human Trafficking Prevention Coordinating Council
402.035
Human Trafficking Prevention Task Force
402.036
Support Adoption Account
402.037
Support Adoption Advisory Committee
402.038
Transnational and Organized Crime Division
402.039
Domestic Violence High Risk Teams Grant Program
402.041
Definition
402.042
Questions of Public Interest and Official Duties
402.043
Questions Relating to Actions in Which the State Is Interested
402.044
Questions Relating to Bonds
402.045
Limitation
402.0212
Provision of Legal Services--outside Counsel
402.0213
Appearance Through Videoconferencing Technology
402.0231
Corporate Integrity Unit
402.0241
Defense of Local Entities in Suits Related to Immigration Detainer Requests
402.0281
Internet Service Provider Database
402.0351
Required Posting of Human Trafficking Signs by Certain Entities

Accessed:
Mar. 23, 2024

§ 402.0351’s source at texas​.gov