Texas House Bill HB533

Texas 2009 - 81st Regular

• Out of House Committee: 4/17/09
• Voted on by House: 4/27/09
• Out of Senate Committee: 5/19/09
• Voted on by Senate: 5/26/09
• Governor Action: 6/19/09
• Enrolled: 5/28/09
• Passed: 6/19/09

Caption

Relating to civil liability for the trafficking of persons.

Impact

The bill stipulates that defendants engaged in trafficking or benefiting from trafficking can be held civilly liable for damages directly caused to the victims. Importantly, the bill asserts that it is not a valid defense if the defendant has not been prosecuted or convicted under trafficking laws, which may enhance the ability of victims to seek justice and compensation through civil courts. This could empower victims who otherwise might feel unable to pursue claims in criminal courts due to inadequate prosecution.

Summary

House Bill 533 aims to establish civil liability for individuals engaged in the trafficking of persons in Texas. It introduces a new chapter, Chapter 98, to the Civil Practice and Remedies Code dedicated to addressing the legal repercussions for those who engage in or benefit from trafficking activities. The bill outlines clear definitions surrounding trafficking as it aligns with existing penal codes, ensuring a structured approach to civil claims regarding this serious offense.

Contention

One notable aspect of HB 533 is the inclusion of provisions that allow victims to claim damages for mental anguish without needing to demonstrate physical injury. This acknowledgment of psychological harm reflects a growing awareness of the multifaceted impact of trafficking on victims. However, such a provision may raise concerns about potential increases in lawsuits, where defendants might face claims even without a prior criminal conviction under the trafficking statutes, which some critics could argue undermines due process.

Final_notes

Overall, HB 533 represents a significant step towards enhancing legal protections for trafficking victims in Texas. By establishing a framework for civil liability, the bill recognizes the grave impacts of trafficking not just from a criminal perspective but also from the standpoint of victims' rights. This legislation seeks to balance the need for accountability with the rights of the accused, setting a precedent for how trafficking cases might be approached in civil courts.