|(a) Labor trafficking is a subset of the statutory
definitions of abuse that appear in Texas Family Code §261.001(1)
and includes the following acts or omissions by a person:
(1) Knowingly causing, permitting, encouraging, engaging
in, or allowing a child to be trafficked in a manner punishable as
an offense under §20A.02(a)(5) or (6), Penal Code; or
(2) The failure to make a reasonable effort to prevent
a child from being trafficked in a manner punishable as an offense
under §20A.02(a)(5) or (6), Penal Code.
(b) In this section, "trafficked" means enticing, recruiting,
harboring, transporting, enslaving, or providing to others or obtaining
for oneself a child for labor or services through force, fraud, coercion,
or exploitation. It involves giving or receiving monetary or nonmonetary
remuneration, including the child's services, and a pervasive loss
of freedom for the child.
(c) Labor trafficking does not require that the child
actually engage in forced labor or services. The definition of labor
trafficking is met as long as there is a substantial risk of the child
engaging in forced labor or services.
(d) When determining whether a child is a victim of
labor trafficking, we evaluate the totality of circumstances, including
evidence that the child is being controlled by threats of deportation
or physical or other types of harm to the child or the child's family;
evidence of withholding or destroying of the child's legal documents;
causing the child or child's family to become indebted to the trafficker;
restricting the child's movement, communication, or ability to live
a normal life; the detrimental nature of the work to the health, safety,
or well-being of the child; or using physical, verbal or sexual intimidation
or other types of manipulation to cause the child to feel helpless
or in fear of the trafficker.