Commercial Lodging Human Trafficking Training Review Process

Procedures to Obtain Approval from the Office of the Attorney General (OAG)

Initial Approval for New Applicants

Step 1: Develop and Self-Assess Human Trafficking Training

Transportation Network Companies developing a human trafficking training course for review and approval by the OAG should carefully review the OAG Transportation Network Company Human Trafficking Training Standards (hereinafter the “Standards”). To be approved as a training course that meets the requirements of House Bill 2313, the course must comply with the Standards. The Standards are designed to ensure approved trainings comply with statutory requirements, adhere to best practices, include a comprehensive overview, consider trauma-informed practices, and uphold survivor-informed principles.

Step 2: Submit Application and Training Course for Review 

Applicants should submit the Transportation Network Company Human Trafficking Training Application (hereinafter the Application) for review to the OAG via email to [email protected]. The Application should include a link to the online course, handout documents, and any other relevant content for consideration. It should include a title, a brief description of the training, documentation regarding how each of the training requirements are addressed, and the approximate length of the course. The Application should clearly state the applicant’s contact name and information, including both the applicant’s email and telephone number. The OAG will send a confirmation email upon receipt of the Application.

Step 3: Review 

The OAG will review each Application using the Transportation Network Company Human Trafficking Training Standards. If the Standards are met, the Application will be recommended for OAG approval. If the Application fails to meet the Standards, the OAG will return an evaluation outlining the areas that failed to meet the Standards. We strive to complete all reviews within 30 days once the OAG receives a completed Application, including a link to the training.

Step 4: Approved Trainings 

Once the OAG approves a training, the OAG will notify the applicant. If the training is not approved, the OAG will provide the applicant with a detailed justification notice outlining the reason(s) for denial. If the applicant revises the training in accordance with the justification notice and Standards, the course may be re-submitted for a subsequent review following the same process. Once approved for use, a training will remain valid unless requirements change by legislation or Texas Department of Licensing and Regulation rulemaking. External entities must notify the OAG in writing at [email protected] if their approved training is revised or changed at any time, within five (5) business days of the change.

Purpose of the Training Standards

The Texas Legislature passed House Bill 2313 (88th Regular Session), requiring the Office of the Attorney General (OAG) to approve training for the Transportation Network Company industry. House Bill 2313 provides additional opportunities for human trafficking to be reported to law enforcement by requiring human trafficking training for drivers authorized to log in to the digital network of a Transportation Network Companies. This annual training requirement applies all Transportation Network Companies licensed by the Texas Department of Licensing and Regulation.

Criteria for Approval of Training Course

To be approved by the OAG, the training course must meet the human trafficking training standards listed below. Each course must also comply with all federal accessibility standards, pursuant to Web Content Accessibility Guidelines (WCAG) 2.1 AA.

The OAG reserves the right to deny approval of any training course regardless of the score earned on the assessment tool if the training is not otherwise in compliance with state and federal law or agency policies. For more information on the review and approval process, please visit the OAG’s website.

OAG approval will be based on three main categories: design requirements, key components, and certificate/compliance. Each category contains specific standards targeting key information to be included in the training. Category scores identify areas of strength or weakness. The total score indicates the degree to which a training complies with statutory requirements, adheres to best practices, includes a comprehensive overview, considers trauma-informed practices, and upholds survivor-informed principles.

The training must be offered digitally and must be hosted by the person submitting the training or with their approval. The online training must be offered in both English and Spanish. The training must include a pacing mechanism that requires the employee to read all course materials, view all videos, complete all coursework. Finally, it must include a mechanism to maintain records necessary to establish that the company has provided the training materials.

Design Requirements

  1. The training excludes sensationalized imagery, bias, prejudice, or confidential information.
  2. The training includes the experience of human trafficking victims
  3. The training content is evidence-based and free from factual errors. If statistics are used, there should be a citation and references to where these statistics were found and the date the statistic was published.
  4. The learning objectives are clear, and these objectives are met within the training.
  5. The training must cover the key components found below.
  6. The training material must not be less than 15 minutes in duration.

Key Components

  1. The training must include an overview of human trafficking, including a description of:
    • The experience of human trafficking victims;
    • How human trafficking is defined under state and federal law, including the concepts of force, fraud, or coercion within the context of human trafficking.
    • All major forms of trafficking (including labor, sex, adult, child), including a discussion of each form and how that relates to the identification of human trafficking in the transportation industry.
    • The differences between human trafficking and smuggling;
    • The differences between sex trafficking and labor trafficking.
    • How and why human trafficking takes place in the transportation industry
  2. Contains guidance on how to identify individuals who are most at risk for human trafficking. This should include specific red flag indicators of human trafficking, including a person who:
    • Is unsure about who they are with and what they are doing.
    • Does not know their final destination or did not order the transportation service for themselves.
    • Appears submissive, fearful, tense, or paranoid. 
    • Has physical injuries or branding such as a name tattoo. 
    • Defers to another person when answering questions.
    • Is wearing clothing is inappropriate for weather conditions or the situation.
    • Possesses multiple phones or hotel room keys. 
  3. Provides guidance on the role of drivers in reporting and responding to human trafficking:
    • The training provides guidance on the role of an employee in reporting and responding to human trafficking, including how to respond to any victims asking for assistance.
    • The training lists the contact information of appropriate entities for reporting human trafficking, including the National Human Trafficking Hotline toll-free telephone number and text line, appropriate local law enforcement agencies, and a telephone number designated by the attorney general for reporting suspected human trafficking. Specifically, the training must direct the audience to call 911 in an emergency, to contact iWatchTX at iWatchTX.org or 844-643-2251 if they have information for law enforcement regarding suspicious activity related to human trafficking, and to contact the National Human Trafficking Hotline at 888-373-7888 or text 233733 regarding assistance for victims of human trafficking.

Certification & Compliance

  1. The training must be approved by the OAG.
  2. The training must be provided to a new employee before the driver is authorized to provide prearranged rides using the company’s digital network.
  3. All drivers must be trained annually.
  4. The approved training provider must maintain records necessary to establish that the company has provided the training materials required by Section 2402.1075, Texas Occupations Code. They must further comply with any applicable rules which may be enacted by the Texas Department of Licensing and Regulation.