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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for the trafficking of persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 98 to read as follows: |
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CHAPTER 98. LIABILITY FOR TRAFFICKING OF PERSONS |
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Sec. 98.001. DEFINITION. In this chapter, "trafficking of |
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persons" means conduct that constitutes an offense under Chapter |
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20A, Penal Code. |
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Sec. 98.002. LIABILITY. (a) A defendant who engages in the |
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trafficking of persons or who intentionally or knowingly benefits |
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from participating in a venture that traffics another person, is |
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liable to the person trafficked, as provided by this chapter, for |
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damages arising from the trafficking of that person by the |
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defendant or venture. |
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(b) It is not a defense to liability under this chapter that |
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a defendant has been acquitted or has not been prosecuted or |
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convicted under Chapter 20A, Penal Code, or has been convicted of a |
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different offense or of a different type or class of offense, for |
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the conduct that is alleged to give rise to liability under this |
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chapter. |
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Sec. 98.003. DAMAGES. (a) A claimant who prevails in a |
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suit under this chapter shall be awarded: |
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(1) actual damages, including damages for mental |
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anguish even if an injury other than mental anguish is not shown; |
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(2) court costs; and |
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(3) reasonable attorney's fees. |
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(b) In addition to an award under Subsection (a), a claimant |
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who prevails in a suit under this chapter may recover exemplary |
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damages. |
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Sec. 98.004. CAUSE OF ACTION CUMULATIVE. The cause of |
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action created by this chapter is cumulative of any other remedy |
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provided by common law or statute. |
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Sec. 98.005. JOINT AND SEVERAL LIABILITY. A person who |
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engages in the trafficking of persons or who intentionally or |
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knowingly benefits from participating in a venture that traffics |
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another person and is found liable under this chapter or other law |
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for any amount of damages arising from the trafficking is jointly |
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liable with any other defendant for the entire amount of damages |
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arising from the trafficking. |
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Sec. 98.006. LIBERAL CONSTRUCTION AND APPLICATION. This |
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chapter shall be liberally construed and applied to promote its |
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underlying purpose to protect persons from human trafficking and |
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provide adequate remedies to victims of human trafficking. |
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SECTION 2. Section 41.008(c), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(c) This section does not apply to a cause of action against |
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a defendant from whom a plaintiff seeks recovery of exemplary |
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damages based on conduct described as a felony in the following |
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sections of the Penal Code if, except for Sections 49.07 and 49.08, |
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the conduct was committed knowingly or intentionally: |
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(1) Section 19.02 (murder); |
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(2) Section 19.03 (capital murder); |
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(3) Section 20.04 (aggravated kidnapping); |
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(4) Section 22.02 (aggravated assault); |
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(5) Section 22.011 (sexual assault); |
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(6) Section 22.021 (aggravated sexual assault); |
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(7) Section 22.04 (injury to a child, elderly |
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individual, or disabled individual, but not if the conduct occurred |
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while providing health care as defined by Section 74.001); |
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(8) Section 32.21 (forgery); |
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(9) Section 32.43 (commercial bribery); |
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(10) Section 32.45 (misapplication of fiduciary |
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property or property of financial institution); |
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(11) Section 32.46 (securing execution of document by |
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deception); |
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(12) Section 32.47 (fraudulent destruction, removal, |
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or concealment of writing); |
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(13) Chapter 31 (theft) the punishment level for which |
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is a felony of the third degree or higher; |
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(14) Section 49.07 (intoxication assault); |
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(15) Section 49.08 (intoxication manslaughter); [or] |
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(16) Section 21.02 (continuous sexual abuse of young |
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child or children); or |
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(17) Chapter 20A (trafficking of persons). |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |