BILL ANALYSIS Senate Research Center H.B. 45 By: Hull et al. (Huffman) Criminal Justice 5/8/2025 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT While there has been some effort to report human trafficking cases to the Office of the Attorney General, it is not consistent and there is no indication of how many of these cases are not being investigated or prosecuted. H.B. 45 requires that law enforcement agencies submit probable cause reports for a trafficking offense to the attorney general when submitting them to the local prosecuting attorney. The bill establishes that the attorney general can step in to prosecute these cases if the local prosecutor has not taken action within six months of receiving the report. H.B. 45 amends current law relating to the duty of the attorney general to represent the state in the prosecution of the criminal offense of trafficking of persons. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 402, Government Code, by adding Subchapter D, as follows: SUBCHAPTER D. PROSECUTION OF TRAFFICKING OF PERSONS OFFENSE Sec. 402.101. APPLICABILITY. Provides that this subchapter applies to a criminal offense under Chapter 20A (Trafficking of Persons), Penal Code. Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL. (a) Requires 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 criminal offense described by Section 402.101 to simultaneously submit a copy of that report to the attorney general. (b) Requires a local prosecuting attorney or law enforcement agency, on request of the attorney general, to provide all requested information that has not been made publicly available regarding investigations of a criminal offense described by Section 402.101 to assist the attorney general in performing duties required under this subchapter. Sec. 402.103. PROSECUTION. (a) Provides that, notwithstanding any other law, the attorney general has jurisdiction to prosecute and is required to represent the state in the prosecution of a criminal offense described by Section 402.101 if a law enforcement agency submits a report described by Section 402.102(a) 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 taken prosecutorial action to prosecute the offense. (b) Authorizes a local prosecuting attorney to file a motion in a district court objecting to the attorney general's representation of the state under Subsection (a) in the prosecution of a criminal offense described by Section 402.101. Requires the court, in response to a motion filed under this subsection, to make a finding as to whether the local prosecuting attorney has taken prosecutorial action to prosecute the offense and if the court finds the local prosecuting attorney has not taken prosecutorial action to prosecute the offense, issue an order stating the attorney general is required to represent the state in the prosecution of the offense. SECTION 2. Amends Chapter 20A, Penal Code, by adding Section 20A.05, as follows: Sec. 20A.05. PROSECUTION BY ATTORNEY GENERAL. Provides that the attorney general has jurisdiction to prosecute and is required to represent the state in in the prosecution of an offense under this chapter as provided by Section 402.103, Government Code. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center H.B. 45
By: Hull et al. (Huffman)
Criminal Justice
5/8/2025
Engrossed
Senate Research Center
H.B. 45
By: Hull et al. (Huffman)
Criminal Justice
5/8/2025
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
While there has been some effort to report human trafficking cases to the Office of the Attorney General, it is not consistent and there is no indication of how many of these cases are not being investigated or prosecuted. H.B. 45 requires that law enforcement agencies submit probable cause reports for a trafficking offense to the attorney general when submitting them to the local prosecuting attorney. The bill establishes that the attorney general can step in to prosecute these cases if the local prosecutor has not taken action within six months of receiving the report.
H.B. 45 amends current law relating to the duty of the attorney general to represent the state in the prosecution of the criminal offense of trafficking of persons.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 402, Government Code, by adding Subchapter D, as follows:
SUBCHAPTER D. PROSECUTION OF TRAFFICKING OF PERSONS OFFENSE
Sec. 402.101. APPLICABILITY. Provides that this subchapter applies to a criminal offense under Chapter 20A (Trafficking of Persons), Penal Code.
Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL. (a) Requires 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 criminal offense described by Section 402.101 to simultaneously submit a copy of that report to the attorney general.
(b) Requires a local prosecuting attorney or law enforcement agency, on request of the attorney general, to provide all requested information that has not been made publicly available regarding investigations of a criminal offense described by Section 402.101 to assist the attorney general in performing duties required under this subchapter.
Sec. 402.103. PROSECUTION. (a) Provides that, notwithstanding any other law, the attorney general has jurisdiction to prosecute and is required to represent the state in the prosecution of a criminal offense described by Section 402.101 if a law enforcement agency submits a report described by Section 402.102(a) 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 taken prosecutorial action to prosecute the offense.
(b) Authorizes a local prosecuting attorney to file a motion in a district court objecting to the attorney general's representation of the state under Subsection (a) in the prosecution of a criminal offense described by Section 402.101. Requires the court, in response to a motion filed under this subsection, to make a finding as to whether the local prosecuting attorney has taken prosecutorial action to prosecute the offense and if the court finds the local prosecuting attorney has not taken prosecutorial action to prosecute the offense, issue an order stating the attorney general is required to represent the state in the prosecution of the offense.
SECTION 2. Amends Chapter 20A, Penal Code, by adding Section 20A.05, as follows:
Sec. 20A.05. PROSECUTION BY ATTORNEY GENERAL. Provides that the attorney general has jurisdiction to prosecute and is required to represent the state in in the prosecution of an offense under this chapter as provided by Section 402.103, Government Code.
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 2025.