HB45 - Relating to the duty of the attorney general to represent the state in the prosecution of the criminal offense of trafficking of persons.

      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                       __________________                 Governor