| (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, the following terms have the following
meanings:
(1) "Labor trafficking" 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.
(A) When determining whether a child is a victim of
labor trafficking, we evaluate the totality of circumstances, including
but not limited to 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.
(B) Labor trafficking does not include normal contribution
to family and community life in light of prevailing community standards,
such as performing chores inside and outside of the house, being required
to work in the family business without pay, working in agriculture
or farming as part of the family's business or means of earning a
living, or other forms of labor or services specified under Texas
Labor Code §51.003.
(2) "Knowingly causing, permitting, encouraging, engaging
in, or allowing..." is a condition of the statutory definition of
labor trafficking. It is met whether the child actually engages in
forced labor or services or simply faces a substantial risk of doing
so.
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