81R3587 TJS-D
By: Anchia H.B. No. 533
A BILL TO BE ENTITLED
AN ACT
relating to civil liability for the trafficking of persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 98 to read as follows:
CHAPTER 98. LIABILITY FOR TRAFFICKING OF PERSONS
Sec. 98.001. DEFINITION. In this chapter, "trafficking of
persons" means conduct that constitutes an offense under Chapter
20A, Penal Code.
Sec. 98.002. LIABILITY. (a) A defendant who engages in the
trafficking of persons, including knowingly trafficking another
person, or intentionally or knowingly benefitting from
participating in a venture that traffics another person, is liable
to the person trafficked, as provided by this chapter, for damages
arising from the trafficking of that person by the defendant or
venture.
(b) It is not a defense to liability under this chapter that
a defendant has been acquitted or has not been prosecuted or
convicted under Chapter 20A, Penal Code, or has been convicted of a
different offense or of a different type or class of offense, for
the conduct that is alleged to give rise to liability under this
chapter.
Sec. 98.003. DAMAGES. (a) A plaintiff who prevails in a
suit under this chapter may recover actual damages, including
damages for mental anguish even if an injury other than mental
anguish is not shown.
(b) In addition to an award under Subsection (a), a
plaintiff who prevails in a suit under this chapter may recover
exemplary damages and reasonable attorney's fees.
SECTION 2. Chapter 98, Civil Practice and Remedies Code, as
added 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
in effect 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, 2009.