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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county attorney or district attorney |
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to enforce human trafficking awareness and prevention in commercial |
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lodging establishments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 114.0102, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 114.0102. OPPORTUNITY TO CURE. If the attorney |
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general or the county or district attorney of the county in which a |
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commercial lodging establishment is located has reason to believe |
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an operator of a commercial lodging establishment has violated this |
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chapter, the attorney general, county attorney, or district |
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attorney shall provide written notice to the operator that: |
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(1) describes the operator's violation; |
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(2) states that the commercial lodging establishment |
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may be liable for a civil penalty if the operator does not cure the |
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violation before the 30th day after the date the operator receives |
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the notice; and |
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(3) includes the maximum potential civil penalty that |
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may be imposed for the violation. |
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SECTION 2. Section 114.0104, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 114.0104. ACTION BY ATTORNEY GENERAL OR COUNTY OR |
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DISTRICT ATTORNEY. (a) The attorney general or a county attorney |
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or district attorney may bring an action in the name of the state: |
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(1) to recover a civil penalty imposed under Section |
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114.0103; or |
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(2) for injunctive relief to require compliance with |
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this chapter. |
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(b) An action under this section by the attorney general may |
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be brought in a district court in: |
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(1) Travis County; or |
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(2) a county in which any part of the violation or |
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threatened violation occurs. |
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(b-1) A county attorney or district attorney shall notify |
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the attorney general before bringing an action under this section. |
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Notice under this subsection must be in a form and manner prescribed |
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by the attorney general. |
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(b-2) An action under this section by a county attorney or |
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district attorney shall be brought in a district court in a county |
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in which any part of the violation or threatened violation occurs. |
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(c) The attorney general, county attorney, or district |
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attorney may recover reasonable expenses incurred in obtaining |
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injunctive relief or a civil penalty under this section, including |
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court costs, reasonable attorney's fees, and investigatory costs. |
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(d) A civil penalty recovered by a county attorney or |
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district attorney under this section is payable to the county in |
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which the district court that heard the action is located. |
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SECTION 3. This Act takes effect September 1, 2025. |