According to the Legislative Budget Board (LBB), SB 2105 is not expected to have a significant fiscal impact on the State of Texas. The analysis assumes that any additional responsibilities imposed on state agencies, such as the Office of the Attorney General, could be managed using existing resources without the need for new appropriations or staff increases.

For local governments, including county and district attorney offices, the bill similarly carries no significant fiscal implications. While it authorizes local prosecutors to enforce anti-human trafficking laws and pursue civil penalties, these activities are considered discretionary and within their current operational scope. Furthermore, the bill allows local jurisdictions to recover reasonable costs, such as legal fees and investigative expenses, from any enforcement actions they undertake. This cost-recovery mechanism helps ensure that counties are not financially burdened when exercising their new authority.

Overall, the bill enhances enforcement capability without imposing a fiscal strain on state or local budgets. Its structure—particularly the recovery of civil penalties and costs—provides a fiscally neutral or even potentially positive incentive for local jurisdictions to participate in combating human trafficking in commercial lodging settings.

Texas Policy Research recommends that lawmakers vote YES on SB 2105 based on its clear alignment with core liberty principles—especially those concerning individual liberty, limited government, and personal responsibility. The bill addresses a critical enforcement gap in Texas's anti-human trafficking framework by empowering local prosecutors—county and district attorneys—to bring civil enforcement actions against commercial lodging establishments that fail to comply with training and awareness mandates. Currently, enforcement rests solely with the Texas Attorney General, who has not pursued any civil actions under the law since its inception. By authorizing local action, SB 2105 decentralizes enforcement and enhances responsiveness to trafficking risks within communities.

From a policy effectiveness standpoint, the bill is a measured approach that respects due process. Lodging operators are granted a 30-day opportunity to cure violations after written notice, and enforcement remains subject to judicial oversight. Importantly, the committee substitute strengthens the bill by including a notification requirement to the Attorney General, ensuring coordination and avoiding fragmented litigation. It also authorizes recovery of legal and investigatory costs, with civil penalties retained locally, providing practical incentives without fiscal strain. Indeed, the Legislative Budget Board projects no significant cost to the state or local governments, with most implementation costs absorbed under existing resources.

The bill supports public safety and the protection of trafficking victims. It advances liberty by defending vulnerable individuals from coercion while holding businesses accountable through local legal channels. In doing so, it restores the appropriate balance between centralized oversight and community-level enforcement, making SB 2105 a prudent and principled enhancement to Texas’s anti-trafficking efforts.

• Individual Liberty: The bill promotes individual liberty by enhancing the enforcement of laws designed to prevent and deter human trafficking, a fundamental violation of personal freedom and dignity. By allowing local prosecutors to intervene where the state has not acted, the bill strengthens protections for victims and vulnerable populations, affirming their right to safety and bodily autonomy.
• Personal Responsibility: The bill reinforces the principle of personal responsibility by holding commercial lodging operators accountable for complying with existing human trafficking prevention training requirements. It places clear expectations on businesses to self-regulate and take proactive steps to identify and report illicit activity occurring on their premises.
• Free Enterprise: Rather than imposing new mandates, the bill improves compliance with current laws, thereby maintaining a level playing field for law-abiding businesses. Enforcement against negligent or complicit operators helps protect the integrity of the industry without overregulating, ensuring that ethical businesses are not undercut by bad actors.
• Private Property Rights: While the bill allows for legal action against property owners and operators, it respects due process by requiring written notice and an opportunity to cure any violations before penalties are imposed. This protects property rights by ensuring owners are not subject to arbitrary enforcement and are given a fair chance to remedy any noncompliance.
• Limited Government: The bill advances limited government by decentralizing enforcement authority from the Attorney General to local prosecutors, who may be better positioned to respond to violations within their jurisdictions. It adds no new regulatory burdens, avoids expanding state bureaucracy, and includes a notification provision to maintain coordination with the state, preventing redundant or conflicting actions.

• HB 4418 (Same As)