HB45

Regular Session

Relating to the duty of the attorney general to represent the state in the prosecution of the criminal offense of trafficking of persons.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Office of the Attorney General (OAG) • Local Law Enforcement Agencies • Local Prosecuting Attorneys (District and County Attorneys)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (Internal protocols must be active to handle incident reporting and evidence preservation).
Agency Rulemaking: While no formal rulemaking is mandated for private business, the OAG will establish internal protocols for ingesting law enforcement reports immediately. Expect the first wave of OAG jurisdictional takeovers to commence around March 2026 (180 days post-enactment).

Immediate Action Plan

1. Audit Data Retention: Immediately suspend auto-delete protocols for any files related to known or suspected trafficking incidents; extend retention to 1 year minimum.
2. Update Crisis Protocols: Designate a single Point of Contact (General Counsel) to manage communications with both local LE and the OAG to prevent conflicting statements.
3. Review Insurance: Confirm your policy covers defense costs for state-level criminal investigations, not just civil liability.
4. Vet Labor Supply Chains: Conduct an immediate audit of third-party staffing agencies for compliance with labor laws to mitigate "joint employer" risks under OAG scrutiny.

Operational Changes Required

Contracts

Vendor Agreements: Review Master Service Agreements (MSAs) with labor providers, security firms, and cleaning services. Insert immediate termination clauses for any vendor formally investigated by the OAG for trafficking violations.
Indemnification: Strengthen indemnification clauses to protect your entity if a subcontractor is the target of an OAG probe. Ensure coverage extends to costs associated with responding to state-level criminal investigations.

Hiring/Training

Legal & Security Training: Train security directors and in-house counsel that a report to local police regarding trafficking is now automatically a report to the Attorney General.
Subpoena Response: Establish a protocol for "Dual Agency" scenarios. Your staff must know how to respond if they receive conflicting instructions or document demands from both a local District Attorney and the OAG.

Reporting & Record-Keeping

Data Retention Policies: The statutory trigger for OAG intervention is 180 days. Standard 30-day surveillance deletion cycles are now a liability. If a trafficking incident is suspected or reported on your premises, you must lock and retain all relevant footage, guest logs, and employee records for a minimum of 12 months to account for the OAG's delayed entry into the case.
Incident Documentation: Document every interaction with local law enforcement. If the OAG asserts jurisdiction later, your record of cooperation with the local DA will be critical evidence of good faith.

Fees & Costs

Legal Defense: Anticipate higher legal retainers. Defending against a state-level OAG investigation is generally more resource-intensive than dealing with local county prosecutors.
Insurance: Review Commercial General Liability (CGL) and Directors & Officers (D&O) policies. Verify that "Regulatory Investigation" coverage exists and applies to criminal inquiries initiated by the Attorney General.

Strategic Ambiguities & Considerations

"Prosecutorial Action": The statute allows the OAG to intervene if the local DA has not taken "prosecutorial action," but fails to define this term. It is unclear if a simple administrative filing by a DA stops the OAG. Businesses may be caught in a jurisdictional tug-of-war; if you receive conflicting orders from the DA and the AG, file a Motion for Clarification immediately.
Continuing Offenses: Trafficking is often continuous. It is unclear how the OAG will treat conduct that began before September 1, 2025, but continued past that date. Assume the OAG will assert jurisdiction over the entire timeline.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCrimes Crimes--against Persons Crimes--against Persons--general Crimes--against Persons--sexual Criminal Procedure Criminal Procedure--general Law Enforcement Human Trafficking Attorney General Courts Courts--prosecuting Attorneys

Official Analysis

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BILL ANALYSIS

C.S.H.B. 45

By: Hull

State Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Historically ranked by the National Human Trafficking Hotline as number two in the nation for the number of human trafficking cases reported, Texas was again ranked second in 2021. The bill author has informed the committee that based on the ruling of the Texas Court of Criminal Appeals in the case of Texas v. Stephens, the attorney general can prosecute human trafficking with the permission of the local prosecutor but cannot initiate prosecution unilaterally since current law does not expressly require the attorney general to do so. In an effort to ensure that the state is making every effort possible to prosecute human trafficking cases and to protect and support survivors of trafficking, C.S.H.B. 45 requires the attorney general to represent the state in the prosecution of a trafficking of persons offense if no proceedings have begun for the offense after six months have elapsed since probable cause was reported by a law enforcement agency.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 45 amends the Government Code to require a law enforcement agency that submits to a local prosecuting attorney a report stating there is probable cause to believe an identified person has committed a trafficking of persons offense or a continuous trafficking of persons offense to simultaneously submit a copy of that report to the attorney general. The bill requires a local prosecuting attorney or law enforcement agency, on request of the attorney general, to provide all information requested regarding investigations of such offenses to assist the attorney general in performing duties required under the bill.

C.S.H.B. 45 establishes that the attorney general has jurisdiction to prosecute, and requires the attorney general to represent the state in the prosecution of a trafficking of persons offense or a continuous trafficking of persons offense if the following conditions are met:

·a law enforcement agency submits a probable cause report to the local prosecuting attorney and the attorney general; and

·six months have elapsed from the date the report was submitted and the local prosecuting attorney has not initiated proceedings to prosecute the offense.

The bill amends the Penal Code to include a provision regarding this jurisdiction and duty under that code's provisions regarding trafficking of persons.

C.S.H.B. 45 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 45 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

While both the substitute and the introduced require a local prosecuting attorney or law enforcement agency, on request of the attorney general, to provide information regarding investigations of an applicable trafficking offense to assist the attorney general in performing required duties under the bill, the substitute includes a specification absent from the introduced that the information such an attorney or agency is required to provide is all information requested regarding those investigations.

Both the substitute and the introduced establish that the attorney general has jurisdiction to prosecute an applicable trafficking offense under certain circumstances, but the introduced required the attorney general to prosecute the offense, whereas the substitute requires the attorney general to represent the state in the prosecution of the offense. The substitute includes a provision regarding this jurisdiction and duty in the Penal Code, whereas the introduced did not.

Bill Text(with markup)

H.B. No. 45

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the duty of the attorney general to represent the state
	in the prosecution of the criminal offense of trafficking of
	persons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 51.014(a), Civil Practice and Remedies
	Code, is amended to read as follows:
	(a) A person may appeal from an interlocutory order of a
	district court, county court at law, statutory probate court, or
	county court that:
	(1) appoints a receiver or trustee;
	(2) overrules a motion to vacate an order that
	appoints a receiver or trustee;
	(3) certifies or refuses to certify a class in a suit
	brought under Rule 42 of the Texas Rules of Civil Procedure;
	(4) grants or refuses a temporary injunction or grants
	or overrules a motion to dissolve a temporary injunction as
	provided by Chapter 65;
	(5) denies a motion for summary judgment that is based
	on an assertion of immunity by an individual who is an officer or
	employee of the state or a political subdivision of the state;
	(6) denies a motion for summary judgment that is based
	in whole or in part upon a claim against or defense by a member of
	the electronic or print media, acting in such capacity, or a person
	whose communication appears in or is published by the electronic or
	print media, arising under the free speech or free press clause of
	the First Amendment to the United States Constitution, or Article
	I, Section 8, of the Texas Constitution, or Chapter 73;
	(7) grants or denies the special appearance of a
	defendant under Rule 120a, Texas Rules of Civil Procedure, except
	in a suit brought under the Family Code;
	(8) grants or denies a plea to the jurisdiction by a
	governmental unit as that term is defined in Section 101.001;
	(9) denies all or part of the relief sought by a motion
	under Section 74.351(b), except that an appeal may not be taken from
	an order granting an extension under Section 74.351;
	(10) grants relief sought by a motion under Section
	74.351(l);
	(11) denies a motion to dismiss filed under Section
	90.007;
	(12) denies a motion to dismiss filed under Section
	27.003;
	(13) denies a motion for summary judgment filed by an
	electric utility regarding liability in a suit subject to Section
	75.0022;
	(14) denies a motion filed by a municipality with a
	population of 500,000 or more in an action filed under Section
	54.012(6) or 214.0012, Local Government Code;
	(15) makes a preliminary determination on a claim
	under Section 74.353;
	(16) overrules an objection filed under Section
	148.003(d) or denies all or part of the relief sought by a motion
	under Section 148.003(f); [or]
	(17) grants or denies a motion for summary judgment
	filed by a contractor based on Section 97.002; or
	(18) grants or denies a motion filed under Section
	402.103(d), Government Code.
	SECTION 2. Chapter 402, Government Code, is amended by
	adding Subchapter D to read as follows:
	SUBCHAPTER D. PROSECUTION OF TRAFFICKING OF PERSONS OFFENSE
	Sec. 402.101. APPLICABILITY. This subchapter applies to a
	criminal offense under Chapter 20A, Penal Code.
	Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL.
	(a) A law enforcement agency that submits to a local prosecuting
	attorney a report stating there is probable cause to believe an
	identified person has committed a criminal offense described by
	Section 402.101 shall simultaneously submit a copy of that report
	to the attorney general.
	(b) On request of the attorney general, a local prosecuting
	attorney or law enforcement agency shall provide all requested
	information that has not been made publicly available regarding
	investigations of a criminal offense described by Section 402.101
	to assist the attorney general in performing duties required under
	this subchapter. The attorney general may submit a request under
	this subsection only if the attorney general is representing the
	state in the prosecution of the criminal offense pursuant to
	Section 402.103(a) or the local prosecuting attorney otherwise
	agrees to provision of the information under this subsection.
	Sec. 402.103. PROSECUTION. (a) Notwithstanding any other
	law, the attorney general has jurisdiction to prosecute and shall
	represent the state in the prosecution of a criminal offense
	described by Section 402.101 if:
	(1) a law enforcement agency submits a report
	described by Section 402.102(a) to the local prosecuting attorney
	and the attorney general;
	(2) 180 days have elapsed from the date the report was
	submitted; and
	(3) the local prosecuting attorney has not taken
	prosecutorial action to prosecute the offense.
	(b) If the prosecution of a criminal offense described by
	Section 402.101 is pending before a court and the attorney general
	has jurisdiction to prosecute the criminal offense under Subsection
	(a), the attorney general shall file with the court in which the
	prosecution is pending a notice of appearance to represent the
	state and provide to the local prosecuting attorney a copy of the
	notice.
	(c) If the prosecution of a criminal offense described by
	Section 402.101 is not pending before a court and the attorney
	general has jurisdiction to prosecute the criminal offense under
	Subsection (a), the attorney general shall notify the local
	prosecuting attorney of the attorney general's intent to represent
	the state in the prosecution of the offense under Subsection (a).
	(d) A local prosecuting attorney may file a motion in the
	court in which the prosecution of a criminal offense described by
	Section 402.101 is pending objecting to the attorney general's
	representation of the state in the prosecution of the offense. The
	court shall hold a hearing on the motion filed under this subsection
	not later than the 30th day after the date the motion is filed. In
	response to a motion filed under this subsection, the court shall:
	(1) make a finding as to whether the local prosecuting
	attorney has taken prosecutorial action to prosecute the offense;
	and
	(2) if the court finds the local prosecuting attorney
	has not taken prosecutorial action to prosecute the offense, issue
	an order stating the attorney general shall represent the state in
	the prosecution of the offense.
	SECTION 3. Chapter 20A, Penal Code, is amended by adding
	Section 20A.05 to read as follows:
	Sec. 20A.05. PROSECUTION BY ATTORNEY GENERAL. The attorney
	general has jurisdiction to prosecute and shall represent the state
	in the prosecution of an offense under this chapter as provided by
	Section 402.103, Government Code.
	SECTION 4. The changes in law made by this Act apply only to
	an offense committed on or after the effective date of this Act. An
	offense committed before the effective date of this Act is governed
	by the law in effect on the date the offense was committed, and the
	former law is continued in effect for that purpose. For purposes of
	this section, an offense was committed before the effective date of
	this Act if any element of the offense occurred before that date.
	SECTION 5. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 12, 2025

TO:	Honorable Ken King, Chair, House Committee on State Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB45 by Hull (Relating to the duty of the attorney general to prosecute human trafficking criminal offenses.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

302 Office of the Attorney General

LBB Staff:

JMc, WP, LCO, JKe

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Frequently Asked Questions

Common questions about HB45

What does Texas HB45 do?

Effective September 1, 2025, HB45 grants the Office of the Attorney General (OAG) concurrent jurisdiction to prosecute human trafficking offenses if local district attorneys fail to take "prosecutorial action" within 180 days of a police report. This legislation effectively removes local prosecutorial bottlenecks, signaling a significant increase in state-level scrutiny, subpoenas, and investigations for businesses in high-risk sectors such as hospitality, logistics, and construction. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Internal protocols must be active to handle incident reporting and evidence preservation).

Who authored HB45?

HB45 was authored by Texas Representative Lacey Hull during the Regular Session.

When was HB45 signed into law?

HB45 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB45?

HB45 is enforced by Office of the Attorney General (OAG), Local Law Enforcement Agencies and Local Prosecuting Attorneys (District and County Attorneys).

How urgent is compliance with HB45?

The compliance urgency for HB45 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB45?

The cost impact of HB45 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB45 address?

HB45 addresses topics including crimes, crimes--against persons, crimes--against persons--general, crimes--against persons--sexual and criminal procedure.

Legislative data provided by LegiScanLast updated: November 25, 2025

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