89R4345 BCH-D
By: Blanco S.B. No. 2105
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county attorney or district attorney
to enforce human trafficking awareness and prevention in commercial
lodging establishments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 114.0102, Business & Commerce Code, is
amended to read as follows:
Sec. 114.0102. OPPORTUNITY TO CURE. If the attorney
general or the county or district attorney of the county in which a
commercial lodging establishment is located has reason to believe
an operator of a commercial lodging establishment has violated this
chapter, the attorney general, county attorney, or district
attorney shall provide written notice to the operator that:
(1) describes the operator's violation;
(2) states that the commercial lodging establishment
may be liable for a civil penalty if the operator does not cure the
violation before the 30th day after the date the operator receives
the notice; and
(3) includes the maximum potential civil penalty that
may be imposed for the violation.
SECTION 2. Section 114.0104, Business & Commerce Code, is
amended to read as follows:
Sec. 114.0104. ACTION BY ATTORNEY GENERAL OR COUNTY OR
DISTRICT ATTORNEY. (a) The attorney general or a county attorney
or district attorney may bring an action in the name of the state:
(1) to recover a civil penalty imposed under Section
114.0103; or
(2) for injunctive relief to require compliance with
this chapter.
(b) An action under this section by the attorney general may
be brought in a district court in:
(1) Travis County; or
(2) a county in which any part of the violation or
threatened violation occurs.
(b-1) An action under this section by a county attorney or
district attorney shall be brought in a district court in a county
in which any part of the violation or threatened violation occurs.
(c) The attorney general, county attorney, or district
attorney may recover reasonable expenses incurred in obtaining
injunctive relief or a civil penalty under this section, including
court costs, reasonable attorney's fees, and investigatory costs.
(d) A civil penalty recovered by a county attorney or
district attorney under this section is payable to the county in
which the district court that heard the action is located.
SECTION 3. This Act takes effect September 1, 2025.