BILL ANALYSIS C.S.H.B. 45 By: Hull State Affairs Committee Report (Substituted) BACKGROUND AND PURPOSE Historically ranked by the National Human Trafficking Hotline as number two in the nation for the number of human trafficking cases reported, Texas was again ranked second in 2021. The bill author has informed the committee that based on the ruling of the Texas Court of Criminal Appeals in the case of Texas v. Stephens, the attorney general can prosecute human trafficking with the permission of the local prosecutor but cannot initiate prosecution unilaterally since current law does not expressly require the attorney general to do so. In an effort to ensure that the state is making every effort possible to prosecute human trafficking cases and to protect and support survivors of trafficking, C.S.H.B. 45 requires the attorney general to represent the state in the prosecution of a trafficking of persons offense if no proceedings have begun for the offense after six months have elapsed since probable cause was reported by a law enforcement agency. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 45 amends the Government Code to require a law enforcement agency that submits to a local prosecuting attorney a report stating there is probable cause to believe an identified person has committed a trafficking of persons offense or a continuous trafficking of persons offense to simultaneously submit a copy of that report to the attorney general. The bill requires a local prosecuting attorney or law enforcement agency, on request of the attorney general, to provide all information requested regarding investigations of such offenses to assist the attorney general in performing duties required under the bill. C.S.H.B. 45 establishes that the attorney general has jurisdiction to prosecute, and requires the attorney general to represent the state in the prosecution of a trafficking of persons offense or a continuous trafficking of persons offense if the following conditions are met: a law enforcement agency submits a probable cause report to the local prosecuting attorney and the attorney general; and six months have elapsed from the date the report was submitted and the local prosecuting attorney has not initiated proceedings to prosecute the offense. The bill amends the Penal Code to include a provision regarding this jurisdiction and duty under that code's provisions regarding trafficking of persons. C.S.H.B. 45 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 45 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. While both the substitute and the introduced require a local prosecuting attorney or law enforcement agency, on request of the attorney general, to provide information regarding investigations of an applicable trafficking offense to assist the attorney general in performing required duties under the bill, the substitute includes a specification absent from the introduced that the information such an attorney or agency is required to provide is all information requested regarding those investigations. Both the substitute and the introduced establish that the attorney general has jurisdiction to prosecute an applicable trafficking offense under certain circumstances, but the introduced required the attorney general to prosecute the offense, whereas the substitute requires the attorney general to represent the state in the prosecution of the offense. The substitute includes a provision regarding this jurisdiction and duty in the Penal Code, whereas the introduced did not.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 45
By: Hull
State Affairs
Committee Report (Substituted)
C.S.H.B. 45
By: Hull
State Affairs
Committee Report (Substituted)
BACKGROUND AND PURPOSE Historically ranked by the National Human Trafficking Hotline as number two in the nation for the number of human trafficking cases reported, Texas was again ranked second in 2021. The bill author has informed the committee that based on the ruling of the Texas Court of Criminal Appeals in the case of Texas v. Stephens, the attorney general can prosecute human trafficking with the permission of the local prosecutor but cannot initiate prosecution unilaterally since current law does not expressly require the attorney general to do so. In an effort to ensure that the state is making every effort possible to prosecute human trafficking cases and to protect and support survivors of trafficking, C.S.H.B. 45 requires the attorney general to represent the state in the prosecution of a trafficking of persons offense if no proceedings have begun for the offense after six months have elapsed since probable cause was reported by a law enforcement agency.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 45 amends the Government Code to require a law enforcement agency that submits to a local prosecuting attorney a report stating there is probable cause to believe an identified person has committed a trafficking of persons offense or a continuous trafficking of persons offense to simultaneously submit a copy of that report to the attorney general. The bill requires a local prosecuting attorney or law enforcement agency, on request of the attorney general, to provide all information requested regarding investigations of such offenses to assist the attorney general in performing duties required under the bill. C.S.H.B. 45 establishes that the attorney general has jurisdiction to prosecute, and requires the attorney general to represent the state in the prosecution of a trafficking of persons offense or a continuous trafficking of persons offense if the following conditions are met: a law enforcement agency submits a probable cause report to the local prosecuting attorney and the attorney general; and six months have elapsed from the date the report was submitted and the local prosecuting attorney has not initiated proceedings to prosecute the offense. The bill amends the Penal Code to include a provision regarding this jurisdiction and duty under that code's provisions regarding trafficking of persons. C.S.H.B. 45 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 45 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. While both the substitute and the introduced require a local prosecuting attorney or law enforcement agency, on request of the attorney general, to provide information regarding investigations of an applicable trafficking offense to assist the attorney general in performing required duties under the bill, the substitute includes a specification absent from the introduced that the information such an attorney or agency is required to provide is all information requested regarding those investigations. Both the substitute and the introduced establish that the attorney general has jurisdiction to prosecute an applicable trafficking offense under certain circumstances, but the introduced required the attorney general to prosecute the offense, whereas the substitute requires the attorney general to represent the state in the prosecution of the offense. The substitute includes a provision regarding this jurisdiction and duty in the Penal Code, whereas the introduced did not.
BACKGROUND AND PURPOSE
Historically ranked by the National Human Trafficking Hotline as number two in the nation for the number of human trafficking cases reported, Texas was again ranked second in 2021. The bill author has informed the committee that based on the ruling of the Texas Court of Criminal Appeals in the case of Texas v. Stephens, the attorney general can prosecute human trafficking with the permission of the local prosecutor but cannot initiate prosecution unilaterally since current law does not expressly require the attorney general to do so. In an effort to ensure that the state is making every effort possible to prosecute human trafficking cases and to protect and support survivors of trafficking, C.S.H.B. 45 requires the attorney general to represent the state in the prosecution of a trafficking of persons offense if no proceedings have begun for the offense after six months have elapsed since probable cause was reported by a law enforcement agency.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 45 amends the Government Code to require a law enforcement agency that submits to a local prosecuting attorney a report stating there is probable cause to believe an identified person has committed a trafficking of persons offense or a continuous trafficking of persons offense to simultaneously submit a copy of that report to the attorney general. The bill requires a local prosecuting attorney or law enforcement agency, on request of the attorney general, to provide all information requested regarding investigations of such offenses to assist the attorney general in performing duties required under the bill.
C.S.H.B. 45 establishes that the attorney general has jurisdiction to prosecute, and requires the attorney general to represent the state in the prosecution of a trafficking of persons offense or a continuous trafficking of persons offense if the following conditions are met:
a law enforcement agency submits a probable cause report to the local prosecuting attorney and the attorney general; and
six months have elapsed from the date the report was submitted and the local prosecuting attorney has not initiated proceedings to prosecute the offense.
The bill amends the Penal Code to include a provision regarding this jurisdiction and duty under that code's provisions regarding trafficking of persons.
C.S.H.B. 45 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 45 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
While both the substitute and the introduced require a local prosecuting attorney or law enforcement agency, on request of the attorney general, to provide information regarding investigations of an applicable trafficking offense to assist the attorney general in performing required duties under the bill, the substitute includes a specification absent from the introduced that the information such an attorney or agency is required to provide is all information requested regarding those investigations.
Both the substitute and the introduced establish that the attorney general has jurisdiction to prosecute an applicable trafficking offense under certain circumstances, but the introduced required the attorney general to prosecute the offense, whereas the substitute requires the attorney general to represent the state in the prosecution of the offense. The substitute includes a provision regarding this jurisdiction and duty in the Penal Code, whereas the introduced did not.