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June 19, 2009 Governor signs two bills into Law that will make a significant impact on human trafficking, the fastest growing criminal industry in the world. With the stroke of a pen, Governor Perry recognized the plight of victims of human trafficking in Texas, and the need for more comprehensive laws to clamp down on traffickers. Victims of human trafficking in Texas include foreign nationals and U.S. citizens who are forced to provide commercial sex in hotels, cantina bars, and brothels, while others are trapped in agriculture and service industries, with little hope of escape. Victims face a horrific life in which they are repeatedly threatened, beaten, raped, psychologically abused, or subjected to debt bondage. These crimes are committed for one reason: the financial profit of traffickers. Texas is fertile ground for human traffickers as demonstrated by the following: - 38% of all calls to the National Human Trafficking Resource Center Hotline were from Texas in 2008.
- The U.S. Department of Justice identified the I-10 corridor as one of the main human trafficking routes in the U.S.
- 25% of all certified foreign human trafficking victims have been from Texas.
Thankfully the Texas legislature and Governor Perry have enacted legislation to help address the crime of human trafficking in Texas, and provide meaningful services to victims. HB 4009 (which was amended to include much of SB 89) and HB 533, combine to make several positive changes to Texas law which include: - Recognizing that U.S. citizen victims face similar challenges and have similar needs to victims who are foreign nationals, by providing grants for desperately needed victim services;
- Designating a statewide Human Trafficking Prevention Task Force force to develop policies and procedures to assist in preventing and prosecuting human trafficking crimes, to collect and publish data on the extent of human trafficking in Texas, and to align existing state resources to fight human trafficking;
- Mandating and implementing training for police, prosecutors and judges on human trafficking, which has proven crucial to the difficult task of identifying traffickers;
- Requiring a study of alternatives to the juvenile justice system for victims;
- Creating liability for the trafficker regardless of whether he knew the victim was a minor;
- Creating a liability clause, providing that a defendent who engages in trafficking or benefits from it, is liable to the person trafficked for damages, which include: actual damages (including mental anguish), court costs, and attorney's fees; and
- Lastly, it is directed that this chapter be liberally construed and applied to promote its underlying purpose to protect people from human trafficking an provide adequate remedies to victims.
WHAT YOU CAN DO:
Please take a moment to thank your legislators and Governor Rick Perry for enacting HB 4009/SB 89 and HB 533 into law. You can communicate this to him in several ways:
- Email the Governor on his web form at: http://governor.state.tx.us/contact
- Call the Governor on the Citizen's Opinion Hotline [for Texas callers] : 800-252-9600
When calling you can simply say: "My name is [Name] calling from [full address] to thank Governor Perry for signing HB 4009 and HB 533 into law, to help victims of human trafficking in Texas."
Citizen's Assistance Telecommunications Device, f you are using a telecommunication device for the deaf (TDD) call: 711 to reach Relay Texas - Fax the Governor: 512-462-1849
- Please thank the sponsors for leading efforts on human trafficking:
- Primary sponsor of HB 4009 and SB 89 for their leadership and committment on this bill. Representative Randy Weber can be contacted by email on his web form, or by phone at: 512-463-0707 and Senator Leticia Van de Putte by email on her web form, or by phone at: 1888-279-0648.
- Primary sponsor of HB 533, Rafael Anchia can be contacted by email on his web form or by phone at: (214) 943-6081.
Additional Information on HB 4009 - HB 4009 mandates that a victim assistance program be established by the Health and Human Services Commission to assist domestic victims of human trafficking, i.e. those who are legal residents or U.S. citizens.
- HB 4009 creates a searchable database of assistance programs for victims which includes programs that provide mental and other health services, services to meet victims' basic needs, case management services, and any other services the commission considers appropriate;
- HB 4009 creates a grant program to award grants to public and nonprofit organizations that provide assistance to domestic victims, including organizations that provide victim identification services, public awareness activities, community outreach and training, and legal services;
- HB 4009 establishes a training programs and an outreach initiative for judges, prosecutors, and law enforcement personnel on identifying and responding to human trafficking and also provides information on the availablity of services to victims;
- HB 4009 will designate a statewide human trafficking task force to improve data collection and align existing state resources to better fight human trafficking.
- HB 4009 will create liability for the trafficker regardless of whether the trafficker knew the victim was a minor.
- HB 4009 will require a study of alternatives to the juvenile justice system for human trafficking victims.
- Read the full text of HB 4009 as it was amended and enrolled at: Texas Legislature Online.
Thank you for taking action!
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