Bill Text: TX SB1848 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to civil liability of shareholders and members of certain legal entities that engage in the trafficking of persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-27 - Left pending in committee [SB1848 Detail]
Download: Texas-2015-SB1848-Introduced.html
84R5004 LED-D | ||
By: Garcia | S.B. No. 1848 |
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relating to civil liability of shareholders and members of certain | ||
legal entities that engage in the trafficking of persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 98, Civil Practice and Remedies Code, is | ||
amended by adding Section 98.0025 to read as follows: | ||
Sec. 98.0025. SHAREHOLDER AND MEMBER LIABILITY. (a) This | ||
section applies to a legal entity governed by Title 2, 3, or 7, | ||
Business Organizations Code. | ||
(b) Notwithstanding any provision of the Business | ||
Organizations Code, if a legal entity described by Subsection (a) | ||
is liable under Section 98.002, a shareholder or member of that | ||
entity is jointly and severally liable with the entity to the person | ||
trafficked for damages arising from the trafficking of that person | ||
if the person demonstrates that the shareholder or member: | ||
(1) caused the entity to be used for the purpose of | ||
trafficking of persons; or | ||
(2) knew the entity was engaged in the trafficking of | ||
persons and directly benefited from that trafficking. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a cause of action that accrues on or after the effective date of | ||
this Act. A cause of action that accrues before the effective date | ||
of this Act is governed by the law as it existed immediately before | ||
that date, and that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |