89th Legislature

HB 45

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 45 proposes to expand the prosecutorial authority of the Texas Attorney General specifically for criminal offenses related to human trafficking under Chapter 20A of the Penal Code. Under the bill, when a law enforcement agency submits a report establishing probable cause that an individual has committed a trafficking offense, the agency must provide this report simultaneously to both the local prosecuting attorney and the Attorney General. If the local prosecutor fails to initiate proceedings within six months of receiving the report, the Attorney General is authorized—and obligated—to step in and prosecute the offense.

The bill amends the Government Code by adding Subchapter D to Chapter 402, and it amends the Penal Code by adding a new Section 20A.05, reinforcing the Attorney General's jurisdiction in these matters. The legislation is crafted to ensure that serious trafficking cases do not languish due to local prosecutorial inaction, establishing a clear backstop mechanism for the protection of trafficking victims.

Importantly, HB 45 is prospective, applying only to offenses committed on or after the Act's effective date, September 1, 2025. It also respects local prosecutorial discretion by only intervening after a six-month delay, aiming to balance the principles of local control with the necessity of ensuring that human trafficking offenses are properly and promptly prosecuted.

The originally filed HB 45 and the Committee Substitute are generally similar in purpose and structure: both aim to authorize the Texas Attorney General to prosecute human trafficking offenses when a local district attorney fails to act within six months after receipt of a probable cause report from law enforcement​​. However, there are important refinements in the substitute version:

First, the Committee Substitute adds a direct amendment to Chapter 20A of the Penal Code by creating Section 20A.05, which explicitly confirms the Attorney General’s jurisdiction within the Penal Code itself​. The original version did not include any amendment to the Penal Code — it operated solely through the addition of a new subchapter to the Government Code.

Second, the originally filed version stated that the Attorney General "shall prosecute" trafficking offenses under the specified conditions​. In the substitute, the language is slightly broadened: the Attorney General "shall represent the state in the prosecution," which legally clarifies that the AG acts on behalf of the State of Texas, consistent with general practice and terminology for criminal prosecutions​. This subtle change makes the Attorney General’s role more consistent with broader Texas criminal procedure standards.

Third, both bills apply prospectively, but the committee substitute improves the clarity and structure of the transition provision, ensuring that offenses committed before the effective date continue to be governed by prior law​​.

Overall, the committee substitute strengthens and clarifies the original bill’s legal foundation by inserting the authority into both the Government Code and the Penal Code, aligning the Attorney General’s new prosecutorial power more cleanly within the existing statutory framework.
Author
Lacey Hull
Candy Noble
Jeff Leach
William Metcalf
Jared Patterson
Co-Author
Keith Bell
Greg Bonnen
Bradley Buckley
Giovanni Capriglione
Caroline Harris Davila
Hillary Hickland
Carrie Isaac
Terri Leo-Wilson
Katrina Pierson
Joanne Shofner
Shelby Slawson
David Spiller
Carl Tepper
Steve Toth
Ellen Troxclair
Terry Wilson
Sponsor
Joan Huffman
Fiscal Notes

According to the Legislative Budget Board (LBB), there is no significant fiscal implication to the state is anticipated from the enactment of HB 45​. The analysis assumes that any additional responsibilities assigned to the Office of the Attorney General (OAG)—specifically, prosecuting human trafficking offenses when local prosecutors fail to act—could be managed using existing agency resources. In other words, the Office of the Attorney General is not expected to require new funding, additional staffing, or expanded infrastructure to absorb the duties created by the bill.

Similarly, the bill is expected to have no significant fiscal impact on local governments. While local prosecutorial offices might occasionally avoid prosecution costs by not initiating cases that the Attorney General later picks up, the volume and overall cost impact are projected to be minimal.

This fiscal neutrality is largely due to the limited and conditional scope of the Attorney General’s involvement: prosecution authority only triggers after a six-month delay by the local prosecutor, and only for serious trafficking offenses, which are not anticipated to arise in overwhelming numbers. Consequently, while HB 45 expands the Attorney General’s duties, it does so in a way that does not impose measurable new financial burdens on either the state or local government units​.

Vote Recommendation Notes

HB 45 strengthens Texas' ability to prosecute human trafficking offenses by empowering the Attorney General to step in and represent the state in the prosecution of these cases when a local prosecutor has not initiated proceedings within six months of receiving a probable cause report​. This legislative change responds to the Texas Court of Criminal Appeals' Texas v. Stephens decision and ensures that human trafficking cases are not left unprosecuted due to local inaction. Given Texas' high incidence of reported trafficking cases, the bill makes a measured, responsible effort to protect vulnerable individuals and ensure that traffickers are held accountable.

While the bill modestly expands the scope of government by granting the Attorney General limited additional prosecutorial authority, it does so in a targeted and conditional manner. The Attorney General’s authority is triggered only after a significant delay by local prosecutors and only for a narrow category of serious offenses, rather than broadly expanding state control across other legal or economic domains​​.

Importantly, there is no increase in the burden on taxpayers. According to the Legislative Budget Board, any additional duties required under the bill can be absorbed by the Attorney General’s office within existing resources​. Thus, the bill avoids creating new spending obligations or tax increases. Furthermore, the bill does not impose any regulatory burden on individuals or businesses; it strictly concerns criminal prosecutions related to human trafficking and does not create new compliance requirements or restrictions for private citizens or the business community.

In sum, HB 45 carefully balances the need for stronger enforcement against human trafficking with respect for limited government principles, fiscal responsibility, and individual freedom. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 45.

  • The bill enhances protection of trafficking victims, whose basic rights to life, freedom, and dignity are severely violated by traffickers. By ensuring that serious trafficking cases are prosecuted even if local prosecutors delay, the bill directly supports the core goal of individual liberty—protecting people from coercion and violence​.
  • By making sure traffickers are prosecuted and held accountable, HB 45 reinforces the idea that individuals must answer for violations of the law, especially serious crimes like human trafficking. It upholds the expectation that criminal acts have consequences, promoting a just and responsible society​.
  • The bill does not regulate or impose new restrictions on businesses or commercial activity. It is narrowly focused on criminal enforcement against human traffickers, not on regulating markets or legitimate commerce​​.
  • The bill does modestly expand the Attorney General’s prosecutorial authority (a new function that supplements local prosecutors), meaning it technically grows state government’s role in a limited way​​.
  • However, this growth is very narrow, targeted only at trafficking offenses, and triggered only when local authorities fail to act for six months. Given the severity of the crime and the state’s compelling interest in protecting trafficking victims, this expansion is consistent with a responsible, limited-government philosophy that prioritizes public safety while preventing abuse.
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