The following terms as used in this Chapter shall have the following meanings:

1. (1) Corporation--A domestic or foreign for-profit corporation, limited partnership, limited liability company, professional association, or cooperative association which is governed under the Texas Business Organizations Code, federal law, or the law of another state or nation.
2. (2) "Human Trafficking" or "Trafficking in Persons" mean all offenses referred to in Chapter 20A of the Texas Penal Code.
3. (3) Private Entity--Bank, trust company, savings and loan association or company, insurance company, reciprocal or interinsurance exchange, railroad company, cemetery company, government-regulated cooperative, stock company, abstract and title insurance company, or other organization that engages in for-profit activities through the use of employees.
4. (4) Commercial sex industry--A commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

5. (5) Zero Tolerance Policy--A zero tolerance policy towards human trafficking includes:

   1. (A) Complying with all applicable federal and state human trafficking laws and regulations;
   2. (B) Assessing and examining the business's supply lines, supplies, other inputs, and business related facilities to determine that they are free from human trafficking and taking appropriate action to address negative findings;
   3. (C) A housing plan (if the corporation or private entity provides or arranges housing) that ensures compliance with applicable host country requirements;
   4. (D) Prohibiting employees, agents, or subcontractors from withholding the identity or immigration documents, such as a passport or driver's license, from a worker;
   5. (E) Procedures to prevent agents and subcontractors at any tier and at any dollar amount from engaging in trafficking in persons, and to monitor, detect, and terminate any agents and subcontractors who engage in, or who have employees who engage in, such activities; and
   6. (F) A prohibition against the expenditure of any business funds for the purpose of patronizing a business that is part of the commercial sex industry or using any business resources to engage in activities related to the commercial sex industry.

Source Note:The provisions of this §90.1 adopted to be effective January 3, 2016, 40 TexReg 9613.