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Texas Legislature· HB 2761Effective on 9/1/25

Relating to the prosecution of the offenses of trafficking of persons, continuous trafficking of persons, and compelling prostitution, the official text

Shown verbatim: the complete text as captured from the official page posted by the Texas Legislature, fetched 2026-08-29. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the enrolled version. The official bill page.
H.B. No. 2761

AN ACT

relating to the prosecution of the offenses of trafficking of

persons, continuous trafficking of persons, and compelling

prostitution.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 20A.02, Penal Code, is amended by adding

Subsection (e) to read as follows:

(e) This subsection applies only to a prosecution for an

offense under Subsection (a)(7) or (8), in which the actor is

alleged to have caused a trafficked child or disabled individual to

engage in or become the victim of prostitution, as defined by

Section 43.01. It is not a defense to a prosecution described by

this subsection that the trafficked child or disabled individual:

(1) lacks the culpable mental state to engage in the

act of prostitution; or

(2) did not complete the act of prostitution.

SECTION 2. Section 20A.03, Penal Code, is amended by adding

Subsection (f) to read as follows:

(f) This subsection applies only to a prosecution for an

offense under this section based on conduct constituting an offense

under Section 20A.02(a)(7) or (8), in which the actor is alleged to

have caused for one or more times a trafficked child or disabled

individual to engage in or become the victim of prostitution as

defined by Section 43.01. It is not a defense to a prosecution

described by this subsection that the trafficked child or disabled

individual:

(1) lacks the culpable mental state to engage in the

act of prostitution; or

(2) did not complete the act of prostitution.

SECTION 3. Section 43.05, Penal Code, is amended by adding

Subsection (e) to read as follows:

(e) It is not a defense to prosecution under Subsection

(a)(2) or (3) that the child or disabled individual:

(1) lacks the culpable mental state to engage in the

act of prostitution; or

(2) did not complete the act of prostitution.

SECTION 4. The change in law made by this Act applies 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 was

committed before that date.

SECTION 5. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 2761 was passed by the House on May

12, 2025, by the following vote: Yeas 145, Nays 0, 1 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 2761 was passed by the Senate on May

26, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor
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