By: Villalobos H.B. No. 5360
A BILL TO BE ENTITLED
AN ACT
relating to the duty of the attorney general to prosecute human
trafficking offenses.
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 CERTAIN CRIMINAL OFFENSES
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 information
regarding investigations of criminal offenses described by Section
402.101 to assist the attorney general in performing duties
required under this subchapter.
Sec. 402.103. PROSECUTION. 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 initiated
proceedings to prosecute 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 AUTHORIZED.
The attorney general shall represent the state in the prosecution
of a criminal offense under this chapter as provided by Subchapter
D, Chapter 402, 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.