SECTION 90.1. Definitions

The following terms as used in this Chapter shall have the following meanings:

(1) Commercial sex industry--A commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

(2) Corporation--A domestic or foreign for-profit corporation, limited partnership, limited liability company, professional association, or cooperative association which is governed under the Texas Business Organizations Code, federal law, or the law of another state or nation.

(3) Human Trafficking--All offenses referred to in Chapter 20A of the Texas Penal Code.

(4) Partnership--The Human Trafficking Prevention Business Partnership, as established by §405.023 of the Texas Government Code.

(5) Private Entity--Bank, trust company, savings and loan association or company, insurance company, reciprocal or interinsurance exchange, railroad company, cemetery company, government-regulated cooperative, stock company, abstract and title insurance company, or other organization that engages in for-profit activities through the use of employees.

(6) Sexual conduct--Sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse.

(7) Zero Tolerance Policy--A zero tolerance policy towards human trafficking includes, at minimum:

(A) Complying with applicable federal and state human trafficking laws and regulations;

(B) Reviewing the business's supply lines, supplies, agents, subcontractors, other inputs, and business related facilities to assess areas that might be vulnerable to human trafficking and taking appropriate action to address negative findings, including but not limited to adopting language in supplier contracts regarding the corporation or private entity's human trafficking policies, and encouraging the supplier to abide by these same policies;

(C) Prohibiting employees from withholding identity or immigration documents, such as a passport or driver's license, from a worker, and encouraging agents and subcontractors to adopt similar policies; and

(D) Prohibiting the expenditure of any business funds for the purpose of patronizing a business that is part of the commercial sex industry or use of business resources to:

(i) engage in sexual conduct that violates state or federal law, or

(ii) operate a business that is part of the commercial sex industry.

Source Note: The provisions of this §90.1 adopted to be effective January 31, 2019, 44 TexReg 413