By: Anchia, Hughes, Lucio III, Alvarado, H.B. No. 533
Weber, et al.
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 or who intentionally or knowingly benefits
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 claimant who prevails in a
suit under this chapter shall be awarded:
(1) actual damages, including damages for mental
anguish even if an injury other than mental anguish is not shown;
(2) court costs; and
(3) reasonable attorney's fees.
(b) In addition to an award under Subsection (a), a claimant
who prevails in a suit under this chapter may recover exemplary
damages.
Sec. 98.004. CAUSE OF ACTION CUMULATIVE. The cause of
action created by this chapter is cumulative of any other remedy
provided by common law or statute.
Sec. 98.005. JOINT AND SEVERAL LIABILITY. A person who
engages in the trafficking of persons or who intentionally or
knowingly benefits from participating in a venture that traffics
another person and is found liable under this chapter or other law
for any amount of damages arising from the trafficking is jointly
liable with any other defendant for the entire amount of damages
arising from the trafficking.
Sec. 98.006. LIBERAL CONSTRUCTION AND APPLICATION. This
chapter shall be liberally construed and applied to promote its
underlying purpose to protect persons from human trafficking and
provide adequate remedies to victims of human trafficking.
SECTION 2. Section 41.008(c), Civil Practice and Remedies
Code, is amended to read as follows:
(c) This section does not apply to a cause of action against
a defendant from whom a plaintiff seeks recovery of exemplary
damages based on conduct described as a felony in the following
sections of the Penal Code if, except for Sections 49.07 and 49.08,
the conduct was committed knowingly or intentionally:
(1) Section 19.02 (murder);
(2) Section 19.03 (capital murder);
(3) Section 20.04 (aggravated kidnapping);
(4) Section 22.02 (aggravated assault);
(5) Section 22.011 (sexual assault);
(6) Section 22.021 (aggravated sexual assault);
(7) Section 22.04 (injury to a child, elderly
individual, or disabled individual, but not if the conduct occurred
while providing health care as defined by Section 74.001);
(8) Section 32.21 (forgery);
(9) Section 32.43 (commercial bribery);
(10) Section 32.45 (misapplication of fiduciary
property or property of financial institution);
(11) Section 32.46 (securing execution of document by
deception);
(12) Section 32.47 (fraudulent destruction, removal,
or concealment of writing);
(13) Chapter 31 (theft) the punishment level for which
is a felony of the third degree or higher;
(14) Section 49.07 (intoxication assault);
(15) Section 49.08 (intoxication manslaughter); [or]
(16) Section 21.02 (continuous sexual abuse of young
child or children); or
(17) Chapter 20A (trafficking of persons).
SECTION 3. 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 in effect immediately before that
date, and that law is continued in effect for that purpose.
SECTION 4. 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.