Texas 'first in the country' to make buying sex a felony

Jail time for buyers of sex is aimed at reducing demand, but is only one element of a much larger package of measures recently passed as part of the ongoing campaign against human trafficking in Texas.

A first-time sex buyer is committing a state jail felony, but for repeat offenders this increases to a third-degree felony under legislation due to take effect Sept. 1. Texas will be the first state in the country to make buying sex a felony.

It is an effort to reduce demand, said Rep. Senfronia Thompson (D-Houston), who introduced House Bill 1540.

"Without demand, human trafficking would cease to exist," Thompson told the Houston Daily.

In a recent statement, Texas Attorney General Ken Paxton said, "Texas is the first in the country to punish sex buyers with felonies, a substantial step toward curbing the demand for commercial sex. Human trafficking is modern day slavery, targeting vulnerable men, women and children in our communities. I commend our legislature for passing laws that fight this inexcusable offense.”

HB 1540 grew out of recommendations by the 50-member human trafficking prevention task force, which ahead of every session recommends different measures to combat human trafficking.

"Human trafficking is a market-driven industry that has its foundations in the laws of supply and demand at the expense of victimizing millions of vulnerable people around the world, including children in foster care," Thompson said.

According to a 2016 report from the University of Texas at Austin, there are 78,996 minor and youth victims of human trafficking and 234,457 victims of labor trafficking in Texas at any given time, totaling 313,453 victims of human trafficking.

Thompson said HB 1540 provides more protection for the vulnerable foster care children in residential centers. It also holds enterprises, including homeless shelters, liable for tolerating the trafficking of any person and removes barriers to bringing a civil cause of action for human trafficking where offenses occur in a single county.

"A Texas-sized problem requires a Texas sized solution. I’m proud of the many governmental agencies, businesses and organizations that are on the front lines of this fight." Thompson said. "Their expertise and innovative solutions are vital to our efforts in the legislature."