According to the Legislative Budget Board (LBB), HB 2761 is not anticipated to have a significant fiscal impact on the State of Texas. The bill amends existing statutes in the Penal Code to clarify that it is not a defense in trafficking prosecutions that a trafficked child or disabled individual lacked the mental capacity to engage in prostitution or did not complete the act. While this change could potentially affect prosecutorial and judicial proceedings, the fiscal analysis assumes that any such impact on state correctional populations or demand for correctional resources would be minimal.

For local governments, the bill is also not expected to result in significant costs. While the bill may lead to additional prosecutions or impact case processing related to human trafficking offenses, the fiscal note concludes that the effects on local law enforcement, prosecution offices, supervision agencies, and county jails are likely to be negligible. This determination reflects the understanding that the bill does not create new offenses or increase penalties, but rather adjusts the legal defenses available in specific trafficking cases.

Overall, HB 2761 is characterized as having a clarifying effect on prosecutorial standards without introducing substantial new burdens on state or local budgets. As such, it presents a low-risk fiscal profile while reinforcing protections for vulnerable victims of trafficking.

HB 2761 clarifies key aspects of Texas' anti-trafficking statutes by eliminating specific defenses that have hindered effective prosecution in cases involving trafficked children or disabled individuals. The bill was prompted by the Texas Court of Criminal Appeals’ ruling in Turley v. State, a case that revealed gaps in statutory interpretation regarding what constitutes the offense of compelling prostitution when the act is not completed or when the victim lacks the capacity to consent. HB 2761 responds directly to that ruling by stipulating that neither the completion of the act nor the victim’s mental state is a valid defense when prosecuting trafficking involving children or disabled individuals.

This bill does not create new criminal offenses or increase penalties but ensures that the law more accurately reflects the inherent power imbalance and exploitation involved in human trafficking. It seeks to prevent defendants from exploiting legal technicalities to avoid accountability for heinous conduct, especially in cases involving highly vulnerable victims. The clarification it offers strengthens the criminal justice system’s ability to respond to trafficking and exploitation effectively.

From a fiscal perspective, the bill has minimal implications for state or local governments. According to the Legislative Budget Board, no significant fiscal impact is anticipated, and any changes in prosecution or incarceration rates are expected to be negligible. Moreover, the bill aligns with key liberty principles—particularly individual liberty and personal responsibility—by reinforcing protections for victims and ensuring that perpetrators cannot evade justice through procedural loopholes.

Given the bill’s targeted scope, its responsiveness to judicial precedent, and its alignment with fundamental legal and ethical principles, Texas Policy Research recommends that lawmakers vote YES on HB 2761. It strengthens legal accountability for traffickers while preserving constitutional due process and imposing no meaningful financial burden on the state. Texas Policy Research recommends that lawmakers vote YES on HB 2761.

• Individual Liberty: The bill reinforces the fundamental right of children and disabled individuals to be free from exploitation and coercion. By eliminating the defense that a trafficked victim lacked the mental state to consent or did not complete a sexual act, HB 2761 protects victims from being re-victimized in the courtroom. It prioritizes the dignity and autonomy of individuals most at risk, aligning with the concept of liberty as freedom from abuse and subjugation.
• Personal Responsibility: HB 2761 removes ambiguities that have allowed traffickers to escape full accountability by citing the mental state or incomplete participation of their victims. This change underscores the importance of personal responsibility by ensuring that perpetrators cannot shift blame or rely on technicalities when they knowingly exploit others. The law recognizes that exploiting a vulnerable person is inherently culpable, regardless of the outcome of the intended act.
• Free Enterprise: While the bill modifies prosecutorial standards, it does not expand government surveillance, create new crimes, or increase sentencing categories. It functions as a legal clarification, rather than an expansion of state power. By maintaining a narrow and focused scope, HB 2761 respects the balance between public safety and limited government intervention.
• Private Property Rights: The bill does not regulate or interfere with lawful business activity. Its application is confined to criminal justice and human trafficking, with no bearing on commercial enterprise or economic liberty.
• Limited Government: There is no effect on property ownership, land use, or eminent domain. The bill does not create or alter any law related to property rights.

• SB 2435 (Same As)