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

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Governor