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.
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.