BILL ANALYSIS

S.B. 2105

By: Blanco

Trade, Workforce & Economic Development

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill sponsor has informed the committee that human traffickers frequently exploit commercial lodging establishments to facilitate their illicit operations, often forcing victims into prostitution within temporary motel and hotel rooms. Lodging establishments are currently required to provide human trafficking awareness and prevention training to employees, but additional avenues of enforcing this requirement are necessary. S.B. 2105 seeks to strengthen efforts to combat human trafficking by granting county and district attorneys the authority to bring civil enforcement actions against noncompliant commercial lodging establishments.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 2105 amends the Business & Commerce Code to require a county or district attorney of a county in which a commercial lodging establishment is located, if the county or district attorney has reason to believe an operator of a commercial lodging establishment has violated statutory provisions relating to human trafficking awareness and prevention in such establishments, to provide written notice to the operator that does the following:

· describes the operator's violation;

· states that the 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

· includes the maximum potential civil penalty that may be imposed for the violation.

S.B. 2105 authorizes a county attorney or a district attorney to bring an action in the name of the state to recover a civil penalty imposed on a commercial lodging establishment for failing to cure a violation or for injunctive relief to require compliance and to recover reasonable expenses incurred in obtaining injunctive relief or a civil penalty, including court costs, reasonable attorney's fees, and investigatory costs. The bill clarifies that an action that may be brought in a district court in Travis County or a county in which any part of the violation or threatened violation occurs is by the attorney general and requires a county attorney or district attorney to notify the attorney general before bringing an action. The bill requires that notice to be in a form and manner prescribed by the attorney general and requires an action brought by a county attorney or district attorney to be brought in a district court in a county in which any part of the violation or threatened violation occurs. The bill establishes that a civil penalty recovered by a county attorney or district attorney is payable to the county in which the district court that heard the action is located.

EFFECTIVE DATE

September 1, 2025.