TITLE 1. ADMINISTRATION

PART 3. OFFICE OF THE ATTORNEY GENERAL

CHAPTER 54. SPECIAL PROGRAMS

SUBCHAPTER D. REPORTS CONCERNING HUMAN TRAFFICKING CASES

1 TAC §54.90, §54.91

The Office of the Attorney General (OAG) proposes a new Subchapter D of Chapter 54, consisting of two new sections of rule, §54.90 and §54.91 These new sections will implement House Bill 3800, 86th Legislature, Regular Session (2019), concerning required reporting of human trafficking cases by certain law enforcement entities and prosecutors. Section 54.90 applies to the Department of Public Safety and certain entities in counties with a population of more than 500,000. Section 54.91 applies to certain entities in counties with a population of 500,000 or less.

Angela Goodwin, Associate Deputy for Criminal Justice, has determined that for each of the first five years the proposed rules are in effect, there are no foreseeable fiscal implications for state or local governments as a result of enforcing or administering the rules.

Ms. Goodwin has determined that for each of the first five years the proposed rules are in effect, the anticipated public benefit will be to provide the State of Texas with more information to fight human trafficking. Ms. Goodwin has determined: there is no probable economic cost to persons required to comply with the proposed rules; the proposed rules will not impact local economies; and the proposed rules will not have an adverse economic effect on small businesses, micro-businesses, or rural communities.

In compliance with Government Code §2001.0221, the OAG has prepared the following government growth impact statement. During the first five years the proposed rules are in effect, the proposed rules: 1) will not create or eliminate a government program; 2) will not require the creation of new employee positions or the elimination of existing employee positions; 3) will not require an increase or decrease in future legislative appropriations to the OAG; 4) will not require an increase or decrease in fees paid to the OAG; 5) will create the new regulation that Code of Criminal Procedure Article 2.305(e) requires the OAG to adopt; 6) will not expand, limit, or repeal an existing regulation; 7) will not increase or decrease the number of individuals subject to Code of Criminal Procedure Article 2.305(e); and 8) will not positively or adversely affect the state's economy.

Written comments on the proposed rules may be submitted for 30 days following the publication of this notice to Angela Goodwin, Associate Deputy for Criminal Justice, Office of the Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, Angela.Goodwin@oag.texas.gov.

Sections 54.90 and 54.91 are proposed in accordance with Code of Criminal Procedure Article 2.305(e), which requires the OAG to adopt rules concerning required reporting of human trafficking cases by certain law enforcement entities and prosecutors.

No other code, article, or statute is affected by this proposal.

§54.90.Department of Public Safety; Counties Larger than 500,000.

(a) This section applies to:

(1) the Department of Public Safety; and

(2) an entity, other than the Department of Public Safety, described by Code of Criminal Procedure Article 2.305(a) and located in a county with a population of more than 500,000.

(b) Under this section, the submission of a report concerning a human trafficking case is:

(1) required for an offense described in Code of Criminal Procedure Article 2.305(b) or (c) that is alleged to have occurred on or after August 1, 2020; and

(2) voluntary for an offense described in Code of Criminal Procedure Article 2.305(b) or (c) that is alleged to have occurred before August 1, 2020.

(c) Effective August 1, 2020, the Department of Public Safety and an entity described by subsection (a)(2) of this section shall submit reports concerning human trafficking cases using the reporting system designated by the Office of the Attorney General on its website.

§54.91.Counties of 500,000 or Less.

(a) This section applies to an entity, other than the Department of Public Safety, described by Code of Criminal Procedure Article 2.305(a) and located in a county with a population of 500,000 or less.

(b) Under this section, the submission of a report concerning a human trafficking case is:

(1) required for an offense described in Code of Criminal Procedure Article 2.305(b) or (c) that is alleged to have occurred on or after August 1, 2021; and

(2) voluntary for an offense described in Code of Criminal Procedure Article 2.305(b) or (c) that is alleged to have occurred before August 1, 2021.

(c) Effective August 1, 2021, an entity described by subsection (a) of this section shall submit reports concerning human trafficking cases using the reporting system designated by the Office of the Attorney General on its website.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 22, 2020.

TRD-202002489

Lesley French

General Counsel

Office of the Attorney General

Earliest possible date of adoption: August 9, 2020

For further information, please call: (512) 475-3210