HB5509 - Relating to the suspension or revocation of a hotel's certificate of occupancy by a municipality for suspected human trafficking.

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