Texas 2009 - 81st Regular

Texas House Bill HB533 Compare Versions

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1	1	H.B. No. 533
2	2
3	3
4	4	AN ACT
5	5	relating to civil liability for the trafficking of persons.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Title 4, Civil Practice and Remedies Code, is
8	8	amended by adding Chapter 98 to read as follows:
9	9	CHAPTER 98. LIABILITY FOR TRAFFICKING OF PERSONS
10	10	Sec. 98.001. DEFINITION. In this chapter, "trafficking of
11	11	persons" means conduct that constitutes an offense under Chapter
12	12	20A, Penal Code.
13	13	Sec. 98.002. LIABILITY. (a) A defendant who engages in the
14	14	trafficking of persons or who intentionally or knowingly benefits
15	15	from participating in a venture that traffics another person is
16	16	liable to the person trafficked, as provided by this chapter, for
17	17	damages arising from the trafficking of that person by the
18	18	defendant or venture.
19	19	(b) It is not a defense to liability under this chapter that
20	20	a defendant has been acquitted or has not been prosecuted or
21	21	convicted under Chapter 20A, Penal Code, or has been convicted of a
22	22	different offense or of a different type or class of offense, for
23	23	the conduct that is alleged to give rise to liability under this
24	24	chapter.
25	25	Sec. 98.003. DAMAGES. (a) A claimant who prevails in a
26	26	suit under this chapter shall be awarded:
27	27	(1) actual damages, including damages for mental
28	28	anguish even if an injury other than mental anguish is not shown;
29	29	(2) court costs; and
30	30	(3) reasonable attorney's fees.
31	31	(b) In addition to an award under Subsection (a), a claimant
32	32	who prevails in a suit under this chapter may recover exemplary
33	33	damages.
34	34	Sec. 98.004. CAUSE OF ACTION CUMULATIVE. The cause of
35	35	action created by this chapter is cumulative of any other remedy
36	36	provided by common law or statute.
37	37	Sec. 98.005. JOINT AND SEVERAL LIABILITY. A person who
38	38	engages in the trafficking of persons or who intentionally or
39	39	knowingly benefits from participating in a venture that traffics
40	40	another person and is found liable under this chapter or other law
41	41	for any amount of damages arising from the trafficking is jointly
42	42	liable with any other defendant for the entire amount of damages
43	43	arising from the trafficking.
44	44	Sec. 98.006. LIBERAL CONSTRUCTION AND APPLICATION. This
45	45	chapter shall be liberally construed and applied to promote its
46	46	underlying purpose to protect persons from human trafficking and
47	47	provide adequate remedies to victims of human trafficking.
48	48	SECTION 2. Section 41.008(c), Civil Practice and Remedies
49	49	Code, is amended to read as follows:
50	50	(c) This section does not apply to a cause of action against
51	51	a defendant from whom a plaintiff seeks recovery of exemplary
52	52	damages based on conduct described as a felony in the following
53	53	sections of the Penal Code if, except for Sections 49.07 and 49.08,
54	54	the conduct was committed knowingly or intentionally:
55	55	(1) Section 19.02 (murder);
56	56	(2) Section 19.03 (capital murder);
57	57	(3) Section 20.04 (aggravated kidnapping);
58	58	(4) Section 22.02 (aggravated assault);
59	59	(5) Section 22.011 (sexual assault);
60	60	(6) Section 22.021 (aggravated sexual assault);
61	61	(7) Section 22.04 (injury to a child, elderly
62	62	individual, or disabled individual, but not if the conduct occurred
63	63	while providing health care as defined by Section 74.001);
64	64	(8) Section 32.21 (forgery);
65	65	(9) Section 32.43 (commercial bribery);
66	66	(10) Section 32.45 (misapplication of fiduciary
67	67	property or property of financial institution);
68	68	(11) Section 32.46 (securing execution of document by
69	69	deception);
70	70	(12) Section 32.47 (fraudulent destruction, removal,
71	71	or concealment of writing);
72	72	(13) Chapter 31 (theft) the punishment level for which
73	73	is a felony of the third degree or higher;
74	74	(14) Section 49.07 (intoxication assault);
75	75	(15) Section 49.08 (intoxication manslaughter); [or]
76	76	(16) Section 21.02 (continuous sexual abuse of young
77	77	child or children); or
78	78	(17) Chapter 20A (trafficking of persons).
79	79	SECTION 3. The change in law made by this Act applies only
80	80	to a cause of action that accrues on or after the effective date of
81	81	this Act. A cause of action that accrues before the effective date
82	82	of this Act is governed by the law in effect immediately before that
83	83	date, and that law is continued in effect for that purpose.
84	84	SECTION 4. This Act takes effect immediately if it receives
85	85	a vote of two-thirds of all the members elected to each house, as
86	86	provided by Section 39, Article III, Texas Constitution. If this
87	87	Act does not receive the vote necessary for immediate effect, this
88	88	Act takes effect September 1, 2009.
89	89	______________________________ ______________________________
90	90	President of the Senate Speaker of the House
91	91	I certify that H.B. No. 533 was passed by the House on April
92	92	24, 2009, by the following vote: Yeas 138, Nays 0, 1 present, not
93	93	voting.
94	94	______________________________
95	95	Chief Clerk of the House
96	96	I certify that H.B. No. 533 was passed by the Senate on May
97	97	26, 2009, by the following vote: Yeas 31, Nays 0.
98	98	______________________________
99	99	Secretary of the Senate
100	100	APPROVED: _____________________
101	101	Date
102	102	_____________________
103	103	Governor