Relating to the duty of the attorney general to represent the state in the prosecution of the criminal offense of trafficking of persons, the official text

H.B. No. 45

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. Section 51.014(a), Civil Practice and Remedies

Code, is amended to read as follows:

(a) A person may appeal from an interlocutory order of a

district court, county court at law, statutory probate court, or

county court that:

(1) appoints a receiver or trustee;

(2) overrules a motion to vacate an order that

appoints a receiver or trustee;

(3) certifies or refuses to certify a class in a suit

brought under Rule 42 of the Texas Rules of Civil Procedure;

(4) grants or refuses a temporary injunction or grants

or overrules a motion to dissolve a temporary injunction as

provided by Chapter 65;

(5) denies a motion for summary judgment that is based

on an assertion of immunity by an individual who is an officer or

employee of the state or a political subdivision of the state;

(6) denies a motion for summary judgment that is based

in whole or in part upon a claim against or defense by a member of

the electronic or print media, acting in such capacity, or a person

whose communication appears in or is published by the electronic or

print media, arising under the free speech or free press clause of

the First Amendment to the United States Constitution, or Article

I, Section 8, of the Texas Constitution, or Chapter 73;

(7) grants or denies the special appearance of a

defendant under Rule 120a, Texas Rules of Civil Procedure, except

in a suit brought under the Family Code;

(8) grants or denies a plea to the jurisdiction by a

governmental unit as that term is defined in Section 101.001;

(9) denies all or part of the relief sought by a motion

under Section 74.351(b), except that an appeal may not be taken from

an order granting an extension under Section 74.351;

(10) grants relief sought by a motion under Section

74.351(l);

(11) denies a motion to dismiss filed under Section

90.007;

(12) denies a motion to dismiss filed under Section

27.003;

(13) denies a motion for summary judgment filed by an

electric utility regarding liability in a suit subject to Section

75.0022;

(14) denies a motion filed by a municipality with a

population of 500,000 or more in an action filed under Section

54.012(6) or 214.0012, Local Government Code;

(15) makes a preliminary determination on a claim

under Section 74.353;

(16) overrules an objection filed under Section

148.003(d) or denies all or part of the relief sought by a motion

under Section 148.003(f); [or]

(17) grants or denies a motion for summary judgment

filed by a contractor based on Section 97.002; or

(18) grants or denies a motion filed under Section

402.103(d), Government Code.

SECTION 2. 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. The attorney general may submit a request under

this subsection only if the attorney general is representing the

state in the prosecution of the criminal offense pursuant to

Section 402.103(a) or the local prosecuting attorney otherwise

agrees to provision of the information under this subsection.

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;

(2) 180 days have elapsed from the date the report was

submitted; and

(3) the local prosecuting attorney has not taken

prosecutorial action to prosecute the offense.

(b) If the prosecution of a criminal offense described by

Section 402.101 is pending before a court and the attorney general

has jurisdiction to prosecute the criminal offense under Subsection

(a), the attorney general shall file with the court in which the

prosecution is pending a notice of appearance to represent the

state and provide to the local prosecuting attorney a copy of the

notice.

(c) If the prosecution of a criminal offense described by

Section 402.101 is not pending before a court and the attorney

general has jurisdiction to prosecute the criminal offense under

Subsection (a), the attorney general shall notify the local

prosecuting attorney of the attorney general's intent to represent

the state in the prosecution of the offense under Subsection (a).

(d) A local prosecuting attorney may file a motion in the

court in which the prosecution of a criminal offense described by

Section 402.101 is pending objecting to the attorney general's

representation of the state in the prosecution of the offense. The

court shall hold a hearing on the motion filed under this subsection

not later than the 30th day after the date the motion is filed. 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 3. 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 4. 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 5. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 45 was passed by the House on May 1,

2025, by the following vote: Yeas 86, Nays 58, 1 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 45 on May 23, 2025, by the following vote: Yeas 99, Nays 40, 1

present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 45 was passed by the Senate, with

amendments, on May 19, 2025, by the following vote: Yeas 23, Nays

8.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor