Bill Text: TX HB45 | 2025-2026 | 89th Legislature | Enrolled

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Bill Title: Relating to the duty of the attorney general to represent the state in the prosecution of the criminal offense of trafficking of persons.

Sponsorship: Partisan Bill (Republican 22)

Status: (Passed) 2025-06-20 - Effective on 9/1/25 [HB45 Detail]

Download: Texas-2025-HB45-Enrolled.html

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H.B. No. 45

AN ACT
relating to the duty of the attorney general to represent the state
in the prosecution of the criminal offense of trafficking of
persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.014(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) A person may appeal from an interlocutory order of a
district court, county court at law, statutory probate court, or
county court that:
(1) appoints a receiver or trustee;
(2) overrules a motion to vacate an order that
appoints a receiver or trustee;
(3) certifies or refuses to certify a class in a suit
brought under Rule 42 of the Texas Rules of Civil Procedure;
(4) grants or refuses a temporary injunction or grants
or overrules a motion to dissolve a temporary injunction as
provided by Chapter 65;
(5) denies a motion for summary judgment that is based
on an assertion of immunity by an individual who is an officer or
employee of the state or a political subdivision of the state;
(6) denies a motion for summary judgment that is based
in whole or in part upon a claim against or defense by a member of
the electronic or print media, acting in such capacity, or a person
whose communication appears in or is published by the electronic or
print media, arising under the free speech or free press clause of
the First Amendment to the United States Constitution, or Article
I, Section 8, of the Texas Constitution, or Chapter 73;
(7) grants or denies the special appearance of a
defendant under Rule 120a, Texas Rules of Civil Procedure, except
in a suit brought under the Family Code;
(8) grants or denies a plea to the jurisdiction by a
governmental unit as that term is defined in Section 101.001;
(9) denies all or part of the relief sought by a motion
under Section 74.351(b), except that an appeal may not be taken from
an order granting an extension under Section 74.351;
(10) grants relief sought by a motion under Section
74.351(l);
(11) denies a motion to dismiss filed under Section
90.007;
(12) denies a motion to dismiss filed under Section
27.003;
(13) denies a motion for summary judgment filed by an
electric utility regarding liability in a suit subject to Section
75.0022;
(14) denies a motion filed by a municipality with a
population of 500,000 or more in an action filed under Section
54.012(6) or 214.0012, Local Government Code;
(15) makes a preliminary determination on a claim
under Section 74.353;
(16) overrules an objection filed under Section
148.003(d) or denies all or part of the relief sought by a motion
under Section 148.003(f); [or]
(17) grants or denies a motion for summary judgment
filed by a contractor based on Section 97.002; or
(18) grants or denies a motion filed under Section
402.103(d), Government Code.
SECTION 2. Chapter 402, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. PROSECUTION OF TRAFFICKING OF PERSONS OFFENSE
Sec. 402.101. APPLICABILITY. This subchapter applies to a
criminal offense under Chapter 20A, Penal Code.
Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL.
(a) A law enforcement agency that submits to a local prosecuting
attorney a report stating there is probable cause to believe an
identified person has committed a criminal offense described by
Section 402.101 shall simultaneously submit a copy of that report
to the attorney general.
(b) On request of the attorney general, a local prosecuting
attorney or law enforcement agency shall provide all requested
information that has not been made publicly available regarding
investigations of a criminal offense described by Section 402.101
to assist the attorney general in performing duties required under
this subchapter. The attorney general may submit a request under
this subsection only if the attorney general is representing the
state in the prosecution of the criminal offense pursuant to
Section 402.103(a) or the local prosecuting attorney otherwise
agrees to provision of the information under this subsection.
Sec. 402.103. PROSECUTION. (a) Notwithstanding any other
law, the attorney general has jurisdiction to prosecute and shall
represent the state in the prosecution of a criminal offense
described by Section 402.101 if:
(1) a law enforcement agency submits a report
described by Section 402.102(a) to the local prosecuting attorney
and the attorney general;
(2) 180 days have elapsed from the date the report was
submitted; and
(3) the local prosecuting attorney has not taken
prosecutorial action to prosecute the offense.
(b) If the prosecution of a criminal offense described by
Section 402.101 is pending before a court and the attorney general
has jurisdiction to prosecute the criminal offense under Subsection
(a), the attorney general shall file with the court in which the
prosecution is pending a notice of appearance to represent the
state and provide to the local prosecuting attorney a copy of the
notice.
(c) If the prosecution of a criminal offense described by
Section 402.101 is not pending before a court and the attorney
general has jurisdiction to prosecute the criminal offense under
Subsection (a), the attorney general shall notify the local
prosecuting attorney of the attorney general's intent to represent
the state in the prosecution of the offense under Subsection (a).
(d) A local prosecuting attorney may file a motion in the
court in which the prosecution of a criminal offense described by
Section 402.101 is pending objecting to the attorney general's
representation of the state in the prosecution of the offense. The
court shall hold a hearing on the motion filed under this subsection
not later than the 30th day after the date the motion is filed. In
response to a motion filed under this subsection, the court shall:
(1) make a finding as to whether the local prosecuting
attorney has taken prosecutorial action to prosecute the offense;
and
(2) if the court finds the local prosecuting attorney
has not taken prosecutorial action to prosecute the offense, issue
an order stating the attorney general shall represent the state in
the prosecution of the offense.
SECTION 3. Chapter 20A, Penal Code, is amended by adding
Section 20A.05 to read as follows:
Sec. 20A.05. PROSECUTION BY ATTORNEY GENERAL. The attorney
general has jurisdiction to prosecute and shall represent the state
in the prosecution of an offense under this chapter as provided by
Section 402.103, Government Code.
SECTION 4. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2025.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 45 was passed by the House on May 1,
2025, by the following vote: Yeas 86, Nays 58, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 45 on May 23, 2025, by the following vote: Yeas 99, Nays 40, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 45 was passed by the Senate, with
amendments, on May 19, 2025, by the following vote: Yeas 23, Nays
8.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor