TX
Texas House Bill HB45

Texas 2025 - 89th Regular

Texas House Bill HB45 Compare Versions

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1-By: Hull, Noble, Leach, Metcalf, Patterson, H.B. No. 45
2- et al.
1+89R24289 AMF-F
2+ By: Hull, et al. H.B. No. 45
3+ Substitute the following for H.B. No. 45:
4+ By: King C.S.H.B. No. 45
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79 A BILL TO BE ENTITLED
810 AN ACT
911 relating to the duty of the attorney general to represent the state
1012 in the prosecution of the criminal offense of trafficking of
1113 persons.
1214 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1315 SECTION 1. Chapter 402, Government Code, is amended by
1416 adding Subchapter D to read as follows:
1517 SUBCHAPTER D. PROSECUTION OF TRAFFICKING OF PERSONS OFFENSE
1618 Sec. 402.101. APPLICABILITY. This subchapter applies to a
1719 criminal offense under Chapter 20A, Penal Code.
1820 Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL.
1921 (a) A law enforcement agency that submits to a local prosecuting
2022 attorney a report stating there is probable cause to believe an
2123 identified person has committed a criminal offense described by
2224 Section 402.101 shall simultaneously submit a copy of that report
2325 to the attorney general.
2426 (b) On request of the attorney general, a local prosecuting
25- attorney or law enforcement agency shall provide all requested
26- information that has not been made publicly available regarding
27- investigations of a criminal offense described by Section 402.101
28- to assist the attorney general in performing duties required under
29- this subchapter.
30- Sec. 402.103. PROSECUTION. (a) Notwithstanding any other
31- law, the attorney general has jurisdiction to prosecute and shall
27+ attorney or law enforcement agency shall provide all information
28+ requested regarding investigations of a criminal offense described
29+ by Section 402.101 to assist the attorney general in performing
30+ duties required under this subchapter.
31+ Sec. 402.103. PROSECUTION. Notwithstanding any other law,
32+ the attorney general has jurisdiction to prosecute and shall
3233 represent the state in the prosecution of a criminal offense
3334 described by Section 402.101 if:
3435 (1) a law enforcement agency submits a report
3536 described by Section 402.102(a) to the local prosecuting attorney
3637 and the attorney general; and
3738 (2) six months have elapsed from the date the report
38- was submitted and the local prosecuting attorney has not taken
39- prosecutorial action to prosecute the offense.
40- (b) A local prosecuting attorney may file a motion in a
41- district court objecting to the attorney general's representation
42- of the state under Subsection (a) in the prosecution of a criminal
43- offense described by Section 402.101. In response to a motion filed
44- under this subsection, the court shall:
45- (1) make a finding as to whether the local prosecuting
46- attorney has taken prosecutorial action to prosecute the offense;
47- and
48- (2) if the court finds the local prosecuting attorney
49- has not taken prosecutorial action to prosecute the offense, issue
50- an order stating the attorney general shall represent the state in
51- the prosecution of the offense.
39+ was submitted and the local prosecuting attorney has not initiated
40+ proceedings to prosecute the offense.
5241 SECTION 2. Chapter 20A, Penal Code, is amended by adding
5342 Section 20A.05 to read as follows:
5443 Sec. 20A.05. PROSECUTION BY ATTORNEY GENERAL. The attorney
5544 general has jurisdiction to prosecute and shall represent the state
5645 in the prosecution of an offense under this chapter as provided by
5746 Section 402.103, Government Code.
5847 SECTION 3. The changes in law made by this Act apply only to
5948 an offense committed on or after the effective date of this Act. An
6049 offense committed before the effective date of this Act is governed
6150 by the law in effect on the date the offense was committed, and the
6251 former law is continued in effect for that purpose. For purposes of
6352 this section, an offense was committed before the effective date of
6453 this Act if any element of the offense occurred before that date.
6554 SECTION 4. This Act takes effect September 1, 2025.