| 1 | 1 | | 89R4345 BCH-D |
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| 2 | 2 | | By: Morales of Maverick H.B. No. 4418 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of a county attorney or district attorney |
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| 10 | 10 | | to enforce human trafficking awareness and prevention in commercial |
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| 11 | 11 | | lodging establishments. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 114.0102, Business & Commerce Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | Sec. 114.0102. OPPORTUNITY TO CURE. If the attorney |
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| 16 | 16 | | general or the county or district attorney of the county in which a |
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| 17 | 17 | | commercial lodging establishment is located has reason to believe |
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| 18 | 18 | | an operator of a commercial lodging establishment has violated this |
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| 19 | 19 | | chapter, the attorney general, county attorney, or district |
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| 20 | 20 | | attorney shall provide written notice to the operator that: |
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| 21 | 21 | | (1) describes the operator's violation; |
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| 22 | 22 | | (2) states that the commercial lodging establishment |
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| 23 | 23 | | may be liable for a civil penalty if the operator does not cure the |
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| 24 | 24 | | violation before the 30th day after the date the operator receives |
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| 25 | 25 | | the notice; and |
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| 26 | 26 | | (3) includes the maximum potential civil penalty that |
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| 27 | 27 | | may be imposed for the violation. |
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| 28 | 28 | | SECTION 2. Section 114.0104, Business & Commerce Code, is |
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| 29 | 29 | | amended to read as follows: |
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| 30 | 30 | | Sec. 114.0104. ACTION BY ATTORNEY GENERAL OR COUNTY OR |
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| 31 | 31 | | DISTRICT ATTORNEY. (a) The attorney general or a county attorney |
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| 32 | 32 | | or district attorney may bring an action in the name of the state: |
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| 33 | 33 | | (1) to recover a civil penalty imposed under Section |
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| 34 | 34 | | 114.0103; or |
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| 35 | 35 | | (2) for injunctive relief to require compliance with |
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| 36 | 36 | | this chapter. |
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| 37 | 37 | | (b) An action under this section by the attorney general may |
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| 38 | 38 | | be brought in a district court in: |
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| 39 | 39 | | (1) Travis County; or |
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| 40 | 40 | | (2) a county in which any part of the violation or |
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| 41 | 41 | | threatened violation occurs. |
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| 42 | 42 | | (b-1) An action under this section by a county attorney or |
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| 43 | 43 | | district attorney shall be brought in a district court in a county |
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| 44 | 44 | | in which any part of the violation or threatened violation occurs. |
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| 45 | 45 | | (c) The attorney general, county attorney, or district |
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| 46 | 46 | | attorney may recover reasonable expenses incurred in obtaining |
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| 47 | 47 | | injunctive relief or a civil penalty under this section, including |
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| 48 | 48 | | court costs, reasonable attorney's fees, and investigatory costs. |
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| 49 | 49 | | (d) A civil penalty recovered by a county attorney or |
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| 50 | 50 | | district attorney under this section is payable to the county in |
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| 51 | 51 | | which the district court that heard the action is located. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2025. |
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