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AN ACT
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relating to the suspension or revocation of a hotel's certificate |
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of occupancy by a municipality for suspected human trafficking. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 215, Local Government |
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Code, is amended by adding Section 215.007 to read as follows: |
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Sec. 215.007. SUSPENSION OR REVOCATION OF HOTEL CERTIFICATE |
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OF OCCUPANCY. (a) In this section: |
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(1) "Hotel" has the meaning assigned by Section |
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156.001, Tax Code. |
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(2) "Human trafficking activity" means conduct that |
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constitutes an offense under Section 20A.02 or 20A.03, Penal Code. |
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(b) The governing body of a municipality may suspend or |
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revoke a certificate of occupancy for a hotel located in the |
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municipality if: |
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(1) a law enforcement officer provides an affidavit of |
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probable cause swearing that criminal human trafficking activity is |
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occurring in the hotel; |
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(2) a court with criminal jurisdiction in the county |
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in which the hotel is located issues an order stating the court's |
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finding of probable cause that human trafficking activity is |
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occurring at the hotel; and |
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(3) the municipality follows the procedures described |
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by Subsection (d) before suspending or revoking the certificate of |
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occupancy. |
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(c) This section does not limit a hotel owner's or |
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operator's right to a public hearing and to present evidence at a |
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proceeding regarding the suspension or revocation of a certificate |
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of occupancy. |
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(d) A municipality that seeks to suspend or revoke a |
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certificate of occupancy for a hotel under this section shall |
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follow procedures that are consistent with the suspension or |
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revocation of a certificate of occupancy for any other type of |
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business or use of land within the municipality. |
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(e) This section may not be construed to create a private |
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cause of action. |
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SECTION 2. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 5509 was passed by the House on May |
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16, 2025, by the following vote: Yeas 118, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 5509 on May 30, 2025, by the following vote: Yeas 120, Nays 16, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 5509 was passed by the Senate, with |
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amendments, on May 28, 2025, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |