local prosecutors can now police hotel trafficking rules

The text as introduced · 471 words

90R133 SRA-D

By: Morales of Maverick
H.B. No. 241

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a county attorney or district attorney

to enforce human trafficking awareness and prevention in commercial

lodging establishments.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 114.0102, Business & Commerce Code, is

amended to read as follows:

Sec. 114.0102. OPPORTUNITY TO CURE. If the attorney

general or the county or district attorney of the county in which a

commercial lodging establishment is located has reason to believe

an operator of a commercial lodging establishment has violated this

chapter, the attorney general , county attorney, or district

attorney shall provide written notice to the operator that:

(1) describes the operator's violation;

(2) states that the commercial lodging establishment

may be liable for a civil penalty if the operator does not cure the

violation before the 30th day after the date the operator receives

the notice; and

(3) includes the maximum potential civil penalty that

may be imposed for the violation.

SECTION 2. Section 114.0103(a), Business & Commerce Code,

is amended to read as follows:

(a) If the operator of a commercial lodging establishment

fails to cure a violation of this chapter before the 30th day after

the date the operator receives notice of the violation under

Section 114.0102, the establishment is liable [ to this state ] for a

civil penalty in an amount not to exceed $500 for each violation.

Each day a violation continues is a separate violation for purposes

of imposing the civil penalty.

SECTION 3. Section 114.0104, Business & Commerce Code, is

amended to read as follows:

Sec. 114.0104. ACTION BY ATTORNEY GENERAL OR COUNTY OR

DISTRICT ATTORNEY . (a) The attorney general or a county attorney

or district attorney may bring an action [ in the name of the state ]:

(1) to recover a civil penalty imposed under Section

114.0103; or

(2) for injunctive relief to require compliance with

this chapter.

(b) An action under this section by the attorney general may

be brought in a district court in:

(1) Travis County; or

(2) a county in which any part of the violation or

threatened violation occurs.

(b-1) An action under this section by a county attorney or

district attorney shall be brought in a district court in a county

in which any part of the violation or threatened violation occurs.

(c) The attorney general , county attorney, or district

attorney may recover reasonable expenses incurred in obtaining

injunctive relief or a civil penalty under this section, including

court costs, reasonable attorney's fees, and investigatory costs.

(d) A civil penalty recovered by a county attorney or

district attorney under this section is payable to the county in

which the violation occurred.

SECTION 4. This Act takes effect September 1, 2027.