By: Hull, Noble, Leach, Metcalf, Patterson, H.B. No. 45
et al.
A BILL TO BE ENTITLED
AN ACT
relating to the duty of the attorney general to represent the state
in the prosecution of the criminal offense of trafficking of
persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 402, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. PROSECUTION OF TRAFFICKING OF PERSONS OFFENSE
Sec. 402.101. APPLICABILITY. This subchapter applies to a
criminal offense under Chapter 20A, Penal Code.
Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL.
(a) 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 shall simultaneously submit a copy of that report
to the attorney general.
(b) On request of the attorney general, a local prosecuting
attorney or law enforcement agency shall 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) Notwithstanding any other
law, the attorney general has jurisdiction to prosecute and shall
represent the state in the prosecution of a criminal offense
described by Section 402.101 if:
(1) a law enforcement agency submits a report
described by Section 402.102(a) to the local prosecuting attorney
and the attorney general; and
(2) 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) A local prosecuting attorney may 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. In response to a motion filed
under this subsection, the court shall:
(1) make a finding as to whether the local prosecuting
attorney has taken prosecutorial action to prosecute the offense;
and
(2) if the court finds the local prosecuting attorney
has not taken prosecutorial action to prosecute the offense, issue
an order stating the attorney general shall represent the state in
the prosecution of the offense.
SECTION 2. Chapter 20A, Penal Code, is amended by adding
Section 20A.05 to read as follows:
Sec. 20A.05. PROSECUTION BY ATTORNEY GENERAL. The attorney
general has jurisdiction to prosecute and shall represent the state
in the prosecution of an offense under this chapter as provided by
Section 402.103, Government Code.
SECTION 3. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act 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 purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2025.