Texas Senate Bill SB 2105

Texas 2025 - 89th Regular

• Filed: 3/7/25
• Out of Senate Committee: 5/7/25
• Voted on by Senate: 5/12/25
• Out of House Committee: 5/24/25

Caption

Relating to the authority of a county attorney or district attorney to enforce human trafficking awareness and prevention in commercial lodging establishments.

Summary

SB 2105 expands enforcement authority for Texas human trafficking awareness and prevention requirements that apply to commercial lodging establishments such as hotels and motels. Under current law, the attorney general may act when a lodging operator is believed to have violated the chapter. The bill adds county attorneys and district attorneys to that enforcement role, allowing them to give written notice of a suspected violation and an opportunity to cure before civil penalties are pursued. The bill also authorizes county attorneys and district attorneys to bring civil actions in the name of the state to recover penalties or seek injunctive relief requiring compliance. It requires local prosecutors to notify the attorney general before filing suit, sets venue in the county where the violation occurred, and allows recovery of court costs, attorney’s fees, and investigatory expenses. Civil penalties recovered by a county attorney or district attorney would be paid to the county where the case was heard. The act would take effect September 1, 2025.

Impact

SB 2105 amends Sections 114.0102 and 114.0104 of the Business & Commerce Code to broaden enforcement of the commercial lodging human trafficking prevention chapter. It shifts the law from a framework centered on the attorney general to one that also empowers county attorneys and district attorneys to enforce compliance, seek injunctions, and recover civil penalties and related costs. The bill would directly affect commercial lodging operators, local prosecutors, and county governments, while preserving the attorney general’s role and requiring notice before local prosecution.

Sentiment

The available voting history suggests the bill had meaningful support in the Senate, passing third reading 27-3 after a procedural suspension of the three-day rule. No committee transcript is available, so there is no recorded floor or committee debate to indicate detailed arguments for or against the measure. Overall, the vote pattern indicates broad bipartisan acceptance with some opposition, but not strong controversy in the recorded history.

Contention

The main point of contention is likely the expansion of enforcement authority from the attorney general to county attorneys and district attorneys. Supporters would view this as strengthening human trafficking prevention and improving local enforcement capacity, while opponents may be concerned about duplicative enforcement, increased litigation against lodging businesses, or the administrative burden of additional local prosecutorial involvement. The bill’s requirement that local prosecutors notify the attorney general before filing suit appears designed to address coordination concerns and limit conflicting enforcement actions.