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The Senate State Affairs Committee met on February 26 to discuss human trafficking, second amendment legislation passed since the 84th legislature, and personal property protections.

This report is intended to give you an overview and highlight of the discussions on the various topics the committee took up. It is not a verbatim transcript of the hearing, but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

Opening Comments

  • Hughes – the legislature has increased resources and protections for survivors and civil remedies; Backpage.com shut down last week; mentions new clemency application

 

Panel 1, related to examining the business and profitability of human trafficking

Dr. Vanessa Bouche, TCU Global Human Trafficking Scholar

  • Illicit Massage Business (IMB): is an established and registered businesses that provides spa services while providing commercial sex acts
  • Such businesses commit additional crimes like tax evasion, tax fraud and money laundering
  • Could be as many as 1,067 IMBs across Texas
  • Surveilled 32 suspected IMBs in Houston to determine demand; used Rubmaps to locate
  • IM industry is annually worth $107 million in Houston and $183 million in Dallas
  • Flushing, New York is a hub for human trafficking
  • IMB identifiers
    • Employees work exorbitant hours
    • Employees’ recent move to Texas (particularly from Flushing)
    • Employees pretend to not speak English
  • IMBs are connected with larger criminal networks
  • Zaffirini – What actions can we take to reduce demand and profitability?
    • Demand is the issue; would be beneficial if buyers had a better chance of being caught
  • Zaffirini – What conditions increase demand?
    • Any location where a large group of people are gathered for an event; like sports or political conventions
  • Zaffirini – Are there criminal penalties for repeat offenders?
    • Yes, but is currently a misdemeanor
    • Fines should be greater and used to serve a victim compensation fund
    • Need “john” schools that are like defensive driving classes
  • Zaffirini – To what extent are minors and non-consenting adults involved?
    • Majority are adults in IM industry; unknown who are against their will
    • Many are in debt bondage; visa paid for, flight paid for, their movement is controlled
  • Birdwell – Do massage businesses start legitimate and turn illicit? Are we licensing illicit? What was evaluative criteria to determine which is illicit?
    • Started with suspected IMBs in Houston; 18% were determined to not be illicit; female customers going in Rubmaps.com
  • Birdwell – Are there some that are “definitely not” illicit? Is Rubmaps like Backpage?
    • Server is in China like Backpage and is out of our jurisdiction
    • More of a review site than advertisements
  • Birdwell – Was not just a random assortment of massage parlors you surveilled?
    • Correct

 

Brian Francis, Texas Department of Licensing and Regulation

  • HB 2847, HB 1865 and SB 72 helped TDLR to have more tools to reign in this issue
  • Rubmaps is a valuable resource in identifying suspected IMBs
  • Flushing, New York is the heart of the IM industry
  • Nail salons are engaged in the sex trafficking world
  • Dealing with organized crime; is a cyclical issue
  • Coordinated efforts with Department of Labor and DPS to address labor trafficking
  • Received additional funding that provided for
    • A greater capacity in enforcement division to investigate and prosecute
    • Founded a Rapid Response Team; will inspect suspected IMBs
      • Have been training for 9 weeks
      • Have made 23 inspections at licensed MPs and 9 referrals to enforcement division
  • Not seeking law enforcement authority; are identifiers and first line of connection to the victim
    • Team will be analytical, committed and compassionate
    • Self-care component to the program for team members
  • On March 16th, will identify baseline number for IMBs and start setting a course of action
    • Upon finding instances of human trafficking, will make referrals to human trafficking hotline, local law enforcement, TDLR enforcement division
  • Before inspection, will coordinate with homeland security, local law enforcement and AG’s office to make sure TDLR is not stepping on any of their current cases
  • End of February, Rapid Response Team will be ready to work on their own
  • Nelson – Are you seeing anything that we didn’t cover during the legislature?
    • Need time to build our resources
    • Strategy planning review – will add a session dedicated to human trafficking issues
  • Nelson – Describe the Rapid Response Team?
    • Seven diverse individuals on that team; worked compassion into the team
    • Data, inspection, military, sexual and domestic violence expertise
  • Nelson – How many massage parlors in Texas?
    • 3,500
  • Nelson – How often are they inspected?
    • Once every two years; have increased capacity to follow-up
  • Zaffirini – Need any more tools or policies?
    • No, we resources are working on signage and public education campaigns
  • Zaffirini – How would you break down forced labor to sex trafficking
    • All trafficking is labor trafficking; sex trafficking is more exotic
      • Sex trafficking is harder to catch; can prove labor trafficking easier
      • 85-90% of trafficking is sex trafficking
  • Zaffirini – Break down on demographics please
    • Sex trafficking is 99% women; not seen incidents of minors; many Chinese nationals who are in middle age
  • Zaffirini – Can you locate hot spots?
    • It is every city; Dallas and Houston have a large group
    • Will provide specialized training for rural communities
      • §455 in the massage statute allows law enforcement to do inspections like TDLR, but can take criminal action
  • Birdwell – Do you have a mechanism to ensure you are not licensing a business with illegitimate intent?
    • Bad actors have built themselves into the existing population; will work on inspecting the licensed massage businesses
    • Will start incorporating the data from Rubmaps into their process

 

Kevin Lily, Texas Alcoholic Beverage Commission

  • Sex trafficking is a $150 billion industry
  • Sex trafficking is a part of criminal organization operations
  • Texas is 2nd highest destination for sex trafficking
  • Houston is largest trafficking area in the nation (I-10 corridor)
  • 60% of sex trafficking venues have a liquor license
  • TABC have access to anyone who has a liquor license at any time
  • Suggestions on increasing efficacy of enforcement; collaboratively
    • Worked with FBI, local law enforcement and NGOs
  • Zaffirini – What are your suggestions?
    • BYOBs are havens for criminal activity including sex trafficking; TABC should have oversight over them – they should go through safety compliance
    • E-verification should be required at sexually oriented businesses
    • Victims are not crying out due to coercion, PTSD and fear
      • Needs to develop law enforcement responses like domestic violence
    • Believes prostitution is trafficking
    • Need to have harsher penalties
  • Zaffirini – To what extent have we addressed the problem of exploitation of minors?
    • The outcry law does not apply to minors
    • Hard to prove age; they have sophisticated fake IDs
    • Believes e-verification can prevent underage workers
    • Believes 21 should be age to work in sexually oriented businesses
  • Zaffirini – Do you have recommendations for clemency for the victims?
    • Attitude is to put them into protective custody and treat as victims
    • Need to be cognizant many victims have addiction issues as well
    • Should address those here illegally and grant them clemency
  • Francis – On demand, some programs provide training to young men before the demand festers
    • Need more education and programs like this
  • Nelson – Agree; biggest challenge is internet exposure
    • Majority of those involved in trafficking are groomed; pornography industry is complicit in the grooming process
    • Law enforcement needs to catch up
    • Sex trafficking is a continuous profitable commodity; cartel is very involved
    • Need to continue to fund and provide resources to human trafficking prevention
  • Nelson – Do we need to fund more?
    • Need more boots on the ground
  • Birdwell – BYOBs, do you know how many are out there?
    • No idea; no registration or licensing process
    • Need to identify questionable businesses (ones that open a 3 AM)
  • Birdwell – How would you not incumber residential gatherings?
    • Do not want to incumber on rights, but aim to be sensible
  • Hall – Need to focus on community-based care; e-verify would be beneficial
  • Hall – Need to move away from treating victims as criminals; main problem is organized crime; focus should be preventative measures
    • Lily – TABC wants to focus on inspecting illegitimate businesses
    • Bouche – Need to investigate policy like the Corporate Transparency Act
  • Hall – cannot burden legitimate businesses while curtailing those who are not
    • Bouche – Need to look at how they are hired as public contractors

 

Panel 2, relating to public/private victim resources and public education

Andrea Sparks, Office of the Governor

  • Child sex trafficking team was created by the 84th legislature
  • Mission to build sustainable capacity to develop new and leverage existing collaborations
  • Aim to curb demand, raise public awareness, recover victims, support healing of survivors, and hold those who are responsible accountable
  • Social media is used by traffickers to recruit and groom kids
  • TEA came out with new regulations that requires prevention exploitation education
  • Aim to facilitate prevention education targeted at vulnerable populations
  • Want to see more CASA, boys and girls, big brother/sister programs
  • Provide statistics that illustrate kids rarely outcry or know they are being victimized
  • With DFPS implemented CEAT tool; that identifies when a child needs services
  • Most at risk are girls; ongoing research on how to identify boys who are being victimized
  • Working with DPS, Secretary of State and others on an informational advertising campaign to highlight signs of human trafficking
  • Giving law enforcement alternatives when they encounter victims
    • Office of the Gov created Commercially Sexually Exploited Youth (CSEY) Advocates – case management, if a child is recovered at a hospital or at a sting responds within 30-90 minutes
    • With a grant from Baylor, working on a motivation interviewing program
    • Working to do more with TAASA
  • Working with Children’s Advocacy Center of South Texas on survivor care coordination
  • Aim to make programs throughout the state; last October gave out $26 million in grants to fund these – tomorrow is the grant deadline
  • TAASA, CASA and domestic violence programs attempt to be a resource and heal trauma
  • Specialized foster care programs are operating and aim to rehabilitate victims of trafficking
  • 5 regional administrators; going to have a new South Texas administrator

 

Laramie Gorbett, Texas Association Against Sexual Assault

  • TAASA is a partnership with the child sex-trafficking team
  • More money can be made selling people than selling guns; cartel/organized crime motivation
  • Those who have trauma do not have trusting relationships; personal or with the law enforcement system
  • Intersections between child abuse, trafficking and domestic violence
  • Shame keeps victims from crying out and participating in the criminal justice process
  • Conviction rates are changed by victims having a trusting relationship with TAASA or other entities
  • Need to equip centers with specialized advocates; need training for specialized experts
  • Need specialized security at centers
  • Working to build a survivor’s council to informs officials on best practices
  • Aim to continue collaboration with law enforcement, social agencies and the governor’s office
  • Lucio – References report minors involved in trafficking; are minors mostly coming in from Latin America?
    • Many do come across the border because of proximity, but numbers are based on domestic trafficking
  • Lucio – Conviction numbers are so small?
    • TAASA is working to train law enforcement; many survivors are afraid to come forward
  • Lucio – How many victims are homeless or runaways?
    • 1 in 4 of those in the data provided
  • Lucio – Is international and intranational; how could we “choke” this operation?
    • Vulnerability of the victim is an issue nationally and internationally
    • Need to work this from the top-down (complex criminal organizations)
  • Lucio – Who is trafficking?
    • Gangs, cartels, criminal networks and “everyday” people (boyfriend or parent)
  • Lucio – What are we doing to those “everyday people?”
    • Need to decrease demand; need to use victim’s experience to train law enforcement and identify characteristics of traffickers
  • Lucio – Mentions the 43 convictions –
    • Most were domestic

 

Dee Budgewater, Texas Health and Human Services

  • Established HEAL; advocate for victims and survivors of human trafficking
  • HHSC has a human trafficking resource center to increases awareness
    • Member of AG’s human trafficking taskforce
  • HB 2059; related to human trafficking prevention training for healthcare practitioners
  • Training will have to be renewed as a part of healthcare practitioner’s registration
  • HHSC will approve training courses
  • Grants HHSC rulemaking authority for the approval processes of external trainings
  • Will impact 1 million healthcare practitioners; must complete training in their full license term
    • Need to develop tack training; will be in May 2020 edition of Texas Register
  • Will engage with stakeholders; licensing boards and public comment
  • Training criteria and standards have been worked on – will be in public domain
  • Will approve trainings bi-annually; 3 phase plan
    • March 2020 – free training will be posted
    • Spring 2020 – will review and approve external trainings
    • Sep 1 2020 – will be applicable to HCP registration on
  • SB 20 implements inpatient and outpatient treatment for trafficking victims
    • HHSC will operate a treatment program for victims
    • Engaged stakeholders in the creation of this process
    • Put out an RFI for direct service providers to identify what a program should look like
    • Will develop rules to keep up with implementation

 

Blanca Denise Lansom, Texas Department of Family and Protective Services

  • Human trafficking division is a permanent part of DFPS
  • Partners with AG’s office and others
  • Agency collaborates with human trafficking coalitions around the state
  • Work to promote awareness of human trafficking, train members on how to identify trafficking and share best practices with partners
  • Serve children and youth served by DFPS
  • Jurisdiction is limited; investigate allegations of familial trafficking
  • Data shows few children in DFPS care become victims of trafficking
  • Strengthening protocols to deal with runaways under their care
  • Participating in already operational Care Coordination teams
  • Lucio – What percentage of those you encounter are victims of trafficking?
    • Less than 1% of the population we serve

 

Panel 3, relating to coordination of law enforcement with state and federal agencies concerning human trafficking

  • Lucio – mentions SB 1853 and resulting DPS program to address human trafficking – wants an update

 

Cliff Manning, Texas Department of Public Safety

  • 3 issues facing law enforcement
  • To reduce profitability –
    • Strengthen collab partnerships with federal and local agencies
    • Need to change misdemeanor charge to “johns:
    • Need to possibly use their information to identify
    • Needs to work with prosecutors to aim for highest charges possible
    • Must have a trauma-forward response
  • Ways to increase public awareness and resources –
    • Need media outlets to shame those arrested during stings
    • Leverage partners to do SOB checks; issue is lack of victim outcry
    • Need to provide alcohol, drug and other rehabilitation services to victims
    • Need to use technology and social media to identify trafficking red flags
    • Need to bridge gaps between law enforcement and NGOs
  • Discussed how gangs proliferate in the human trafficking trade

 

Angela Goodwin, Attorney General’s Office

  • AG’s office created a section within agency to tackle sex trafficking
  • Will add 6 more staff members
  • Teens, foster children and girls are preyed upon
  • Have partnered with Uber to educate drivers on signs of human trafficking
  • Reiterates importance of collaboration
  • Partnering with Districts Attorneys association
  • Will be doing joint trainings around the state with local, state and federal partners
  • State and federal will work together

 

Kenda Colepepper, Texas District & County Attorney’s Association

  • Collaboration is how we will combat human trafficking
  • Collaborating with AG’s office combatting human trafficking, also extends to DPS, Governor’s Office, etc.
  • We are creating regional Human Trafficking training to bring all these groups together in one room (agencies, prosecutors, non-traditional agencies)
    • Opportunity to network and share resources

 

Justin Wood, Children’s Advocacy Centers of Texas

  • 71 local CAC’s throughout Texas
  • Past year, served just under 60,000 children through CAC’s
  • The heart of the CAC model is multidisciplinary team (MD team) approach
  • We have had partnership with Governor’s office sharing our MD team approach
  • Providing immediate response for sex trafficking victims is different than typical child abuse case
  • Sex trafficking victims are often recovered as a runaway, estranged, etc., often still in state of crisis, first 24-72 hours is critical
  • Has to be continued and focused education for all professionals’ part of the MD team, including prosecutors and law enforcement
  • We have made tremendous progress but still have a long way to go

 

Public Testimony, relating to human trafficking

Carrie Ward, Rice University

  • Has been researching human trafficking in Houston
  • 8 out of 10 children in trafficking are seen by health professionals while being trafficked
  • Public health providers are key in recognizing and preventing trafficking
  • Most studies say labor trafficking of adults is more numerous than domestic minor sex trafficking; we need to be working to combat trafficking for all victims

 

Chelsea Yomen, Human Coalition Action

  • Advocate for women and pre-born children
  • 90% of sex trafficked individuals saw a healthcare provider while in trafficking
  • Beazley Institute study showed 70% of trafficked victims reported pregnancy, 50% reported one abortion, and at least 30% reported multiple abortions
  • Healthcare providers can play a considerable role in identifying victims and aiding law enforcement in these efforts
  • In Texas 31,000 abortions performed on minor sex trafficking victims in one year, abortion providers reported only 1,400 in a year
  • One child had 6 abortions, 5 performed by a doctor that was a client, 1 by planned parenthood who asked no questions
  • Preliminary research says healthcare providers are not equipped to help in this fight
  • Human Coalition recommends
  • Further research for victim experiences
  • Mandatory trafficking training for health providers
  • More accurate reporting on abortions in TX

 

Andrew Homer, CASA

  • Children in CPS are at high risk for trafficking and commercial sexual exploitation
  • We are a collaborative partner like who Andrea Sparks spoke of earlier
  • Hope that every CASA volunteer will have good understanding of trafficking and commercial exploitation and know how to report
  • Governor’s office funded new training program, a free program that CASA is utilizing
  • Suggestions:
  • Look at rate structure around specialized residential services survivor’s need
  • Get rid of criminal history that survivors have that keep them from getting jobs and that can lead them back into trafficking

 

Jamie Caruthers, Children at Risk

  • Working in 6 regions doing anti-demand work with men
  • We look at level of demand in each region
  • In last year, over 750,000 ads promoting sex for sale in Texas, demand remains burgeoning
  • 2018, only 1 out of 10 prostitution arrests is of a buyer
  • Biggest deterrent of buying, is fear of arrest
  • Advocating for state jail felony for first offense for buyers
  • IMB assailant feature is an ATM; anyone can buy a white-label ATM in Texas
    • Don’t want them to be overregulated, but IMB’s use them for money laundering
    • When they are bought, they need to be tracked, where they are, what is use, etc.
  • SB 498 died in House of Reps; would have allowed small businesses who share commercial space with an IMB to leave their lease if the IMB is of detriment to their business
    • Also provides for landowner to have authority to evict
  • Method of payment on many websites is closed loop giftcards (only able to be used with a specific place)
    • We need to look more into this

 

Gabriella McDonald, Texas Appleseed

  • Have worked on preventing homelessness from recurring, knowing they are at increased risk of sex trafficking
  • 300,000 youth in Texas in their 20’s and 60,000 in teen years in Texas experience homelessness at some point during a year- they are target for traffickers
  • Recommendations:
  • 24-hour drop-in centers for youth to get help
  • Dedicated funding to provide for youth specific shelters
  • Fully decriminalize running away- they are running away for a reason and don’t want them to be exposed to other youth in similar situations
  • McKinney – Vento funding; only 10% of Texas schools get this federal funding, we want to make sure those school liaisons are adequately funded

 

Megan Ransom, Texas Alliance of Child and Family Services

  • Alliance largest statewide collaborative of statewide services for children and families enduring abuse
  • Alliance is in process of finalizing statewide assessment of current services for child sex trafficking survivors
  • CSEY – opportunities for expanding service capacities and banning barriers statewide. Report will come in coming months
  • Report says more orgs want to provide CSEY  services but lack funding, face barriers in training and funding, mental health services and housing are biggest barriers for victims

 

Sean Lee, Self

  • 2nd Amendment bill- instructor in training for Emergence. Works with program called SAFE situational awareness for employees
  • There is lack of education (asocial and social violence)

 

Joe Madison, Love People Not Pixels

  • We focus on demand, and the buyer
  • Reduce profitability and demand of human trafficking in TX
  • Currently easy and acceptable
  • 76 crimes that supersede buying a human being on a state and federal level
  • Need stronger penalties for first time buyers- will be a deterrent; sellers will have risk-reward imbalance
  • Simplify criteria that justifies buying
  • Eliminate under age 14 qualifier, so anyone trafficked would be a 1st degree felony
  • Determine ways to increase awareness
  • Pornography is a catalyst, it’s feeding the fire
  • Need to take a stand as a state in declaring pornography a public health crisis, like many other states have done
  • Human Trafficking Model in Houston- want state to look at what we are doing in Houston, because it’s working
  • Defend your City
  • Refine ordinances in city: make it to where brothels/massage parlor has to have a conditional use permit, it allows us to already have people on taxpayer dollars (inspectors, electricians) to notice these things and be in direct violation of conditional use permit and reported
  • Lucio- I hope we can get a grip on the amount of lives that have been lost due to this issue. Disappointed on amount of arrests and convictions that have taken place

 

Eric Schaefer, Self

  • We have backlog of rape kits in state, would encourage you to divert resources to going after people who commit violent rapes on others
  • Texans need to be empowered to defend themselves
  • Start with teaching children to not be a victim

 

Sam Bryant, NI-6 Group and Nemesis Tactical

  • Logistical pipeline for trafficking
  • Women/children brought across border, put in bus with blaring music, get bussed to non-profit entity- $1800 a head, gets moved to nonprofit B and nonprofit C, on vans owned by different companies. Corporations owns busses and vans that transport these victims
  • We hear about what we will do with quality and damage control, we need to tackle logistics, multi-million dollar companies are involved in this
  • Hall- Law enforcement should be taking care of this- have you notified them?
  • I have shared with them and have consulted some with law enforcement, but not full disclosure

 

Hannah Ventura, Self

  • Tells a personal account of a human trafficking event where DPS took three hours to respond
  • Asking the legislature to lower firearm carrying age to 18

 

Mitzi Faniola, Texas Alliance of Boys and Girls Clubs

  • Abbott reached out to help develop a sex trafficking prevention program
    • One focuses on boys and girls
  • In 4th year of implementation

 

Panel 1, examination of prosecution rates for thefts involving property valued under $1,000

Mike Lesco, Texas Department of Public Safety

  • Provided data on arresting statistics from 2018-2019
  • Data on Class B misdemeanors; no data on class Cs
  • Seen a decrease in number of arrests, convictions and overall crime
  • Hughes – Consistent with rates other states?
    • Yes
  • Nelson – Mentions “porch pirates;” do you have strategies to deal with those crimes?
    • Do not know if those crimes are involved here

 

Jennifer Solanski, Combine Law Enforcement Associations of Texas

  • Concerned about public safety and officer working conditions that stem from local DA’s and CA’s not prosecuting low level offenses; some felony offenses as well
  • Concerned why theft calls are not a priority
  • Current state law allows sight and release for Class and B theft offenses
    • Was designed to be an option for law enforcement
    • However, in large cities, has become a part of policy
    • Has changed where the calls are on the priority list queue
  • Class A’s and B’s can be enhanceable but officers may not be checking criminal history to find out if it is a felony offense
  • Believes as prosecution rates drop, local government will tighten policy
    • Will be public safety threat
  • Hall – Do these policies reduce or encourage crime?
    • Encourage
  • Hall – I agree, crime has not declined, it is just not reported
    • 40% of the time, sight and release individuals do not show up for court
  • Hall – Provides anecdotes about merchants not bothering to call about theft
    • They do not report because of response times; reiterates how they prioritize cases
  • Hughes – Does sight and release undermine state law?
    • Lesco – That interpretation could be made
      • Sight and release is not included in our data
  • Hughes – Does any agency have the policy after sight and release to bring them back in and put them in the system?
    • Lesco – We suggest that policy, but is not always enacted

 

Shannon Edmonds, Texas District & County Attorneys Association

  • A HB last session specifically recognized “porch pirates” that start as a class A misdemeanor
  • Sight and release policies have been difficult to implement; the individual is not held responsible
  • Was an early response to bail reform propositions that are coming up now
  • Hughes – Could you speak to how prosecutors can be held accountable?
    • Acts within constitutional authority that prosecutors can be held accountable
      • Removal codes in which citizens can hold
      • Subject to State Bar Association
    • Judges can hold prosecutors in contempt of court
    • Courts of inquiry

 

Tony Bickly, Lowe’s Inc and Texas Retailers Association

  • TRA has an interest in reducing theft penalty threshold levels
    • Low level theft can be linked to high-level criminal enterprisers
  •  Hughes – Do other retailers have similar theft policies to Lowe’s?
    • Yes, discusses loss prevention personnel on site
  • Hughes – Are smaller retailers hit harder by these problems?
    • Yes
  • Hughes – Has this effected the way you respond to loss prevention?
    • Has not changed what we prosecute; the number that goes all the way through the system are slim
  • Hall – How are retailers acting on theft they see?
    • The only way if store is staffed with loss prevention personnel – discourage regular employees doing anything
  • Hall – This is petty theft, but is used to finance larger crimes?
    • Yes

 

John Creuzot, Dallas County District Attorney

  • Discusses reasons behind policy to not prosecute thefts under $750
    • Policy is directed at destitute mentally ill individuals; not thieves
  • Discusses the impact and DAs response to sight and release
    • Many prisons have been shut down due to lower incarceration rates
  • The DA does prosecute cases; 97.3% of class B misdemeanor cases were accepted for prosecution
  • Dallas Police Chief decided to not respond to class C thefts – normalizes behavior?
  • Claims data may not be a result of non-reporting
  • Hall – Do you have data on crimes committed versus crimes reported? How many were committed and how many were prosecuted? Would like to see reported versus prosecuted
    • No one can discern how many crimes occurred when they were not reported
  • Hall – Who can be classified as poor?
    • Police make decisions on that are discretionary; mental health issues would fit into that category; case-by-case basis
  • Hall – Supports police officer discretion, but need to follow policy; how do you communicate discretion? How did you tell them to not arrest thefts under $750?
    • I do not tell police officers to not arrest people; it is a tool just like sight and release
    • I communicated discretion through a statement and meetings with law enforcement
  • Hall – How long ago did this occur? Has it helped reduce crime?
    • April 2019; I cannot see that it has had any impact
    • Number of jury trials has gone down to an unacceptable release, but last year there was a 19% increase; cases are going to court and getting resolved faster
    • The Dallas DAs office wants to stop recidivism
  • Hall – Recidivism is a big problem, would love to talk to you about it later
    • Creuzot discusses the model that puts more money into treatment
  • Hughes – Why publicly announce to not prosecute certain cases?
    • No evidence to show anyone was incentivized by the policy

 

Panel 1, examine Second Amendment legislation including open carry, campus carry, and lowering the license to carry fee

Mike Lesco, DPS

  • No direct correlation between open carry legislation and an increase road rage incidents

 

Wayne Mueller, Texas Department of Public Safety

  • LTC enabled by 74th session; in 25 years has experienced a market growth
  • In 2019 over 1.4 million licensees in the program
  • No pattern of an uptick in applications in the LTC program after a mass shooting event
  • Open carry was the single biggest event that effected growth positively in the program
  • Includes procedures of enforcement action – in response to criminal action of
    • Data does not indicate an increase in criminal activity since open carry or campus carry in the LTC program
  • Birdwell – When you do analysis for suspension of a licensee, are they categorized by firearm vs non firearm convictions
    • Cannot tell you anymore granularly; data includes all crimes that are class B or higher
  • Birdwell – What would be bad
    • The data will not tell us the specific crimes that would result in suspension
  • Birdwell – Has a problem with people thinking would be firearms related

 

Derek Cohen, Texas Public Policy Foundation

  • Violent crime is down across the board, cannot tell if this law is the cause
  • Suicides with a firearm is up per capita, but in Texas it is down
  • Gun crime is concentrated – Ceasefire in Boston
    • Targeting those who commit these crimes; offering support to those
  • Handgun homicides are down in the last 13 years
  • CHLs are skyrocketing
  • Anyone who has a CHL is more law-abiding than the general public

 

Public Testimony, relating to open carry, campus carry, and lowering the license to carry fee

Charlotte Owen, Self, Texas Freedom League

  • Mass violence should be stopped before a gun is even involved
  • Mental health reform is needed rather than gun control
  • Gun free zones should provide security to those in the area

 

Jeremy Osmis, Self

  • Military veteran; was denied a CHL due to their diagnosis of PTSD
  • DPS’ is not acting in an appropriate manner and is targeting veterans by denying those based upon a diagnosis of PTSD
  • Birdwell – You self-reported PTSD? You were more truthful than required?
    • Yes
  • Birdwell – How were you made aware the credentials of the board who rejected your case?
    • Given a copy of the records after the hearing; did an internet research on the licenses
  • Birdwell – How do we make sure veterans are receiving the benefit of the doubt?
    • There are 6 types of disorders that are listed on the CHL form
    • DPS has acted outside their power

 

Billy Muston Self

  • Gun violence does not exist; last session you should have passed constitutional carry
  • Laws do not make people safe; being safe is arming oneself

 

Dennis Rocha, Self

  • Major gun legislation has not changed the criminal environment of Texas
  • Next session, Texas should enact constitutional carry
  • Against red flag and common-sense gun laws

 

Ron Parker, Self

  • Committee should pass constitutional carry
  • Wants the state government to end gun free zones especially in K-12 schools

 

John BalGiano, Self

  • Supports constitutional carry

 

Lynn Foster, Self

  • Supports constitutional carry and elimination of gun free zones

 

Tyler Caughman, Self

  • Guns save lives more than they take them
  • Supports constitutional carry and elimination of gun free zones
  • Supports blocking of assault rifle bans and red flag laws

 

Tim Burnakeen, Self

  • Lawful gun ownership is the most effective safety measure
  • Need more gun laws to enhance the 2nd amendment

 

Noel Zooniga, Self

  • Against gun restriction

 

Lamar Henry, Self

  • Against red flag laws; do not target lawful gun owners

 

Brian Berkheart, Self

  • Against gun restriction

 

Jessie Benavidez, Self

  • Supports constitutional carry; does not want name on a license to carry list

 

Terri Horn, Self

  • Open carry has been positive overall
  • Supports constitutional carry
  • Does not support red flag laws

 

Daryll Ryan, Self

  • Notes cannot carry handgun to protect his family in public schools; supports 2nd amendment

 

Ramon Garza, Self

  • Does not supports red flag laws; veterans will be targeted

 

Michelangelo Garza, Self

  • As police response is slow in underprivileged areas and Native Americans rights are limited, taking gun freedoms away would be taking away protection from these communities
  • Fallon – made it clear they will have not passed red flag laws

 

John Lowry, Self

  • Supports constitutional carry and elimination of gun free zones

 

Nolan Hoight, Self

  • Agrees with previous testimony relating to 2nd amendment protection

 

Michael Belsek, Self

  • Supports constitutional carry and elimination of gun free zones

 

Richard Boner, Self

  • Supports constitutional carry; should not have gun laws at all

 

Cody Ryan, Self

  • Supports constitutional carry and elimination of gun free zones

 

Ted Bonnet, Self

  • Right to bear arms should not be infringed upon

 

Joshua Boston, Self

  • Supports constitutional carry; effort should be put towards the deficiencies in the criminal justice system