Relating to the duty of the attorney general to represent the state in the prosecution of the criminal offense of trafficking of persons.
Summary
HB 45 changes Texas law to give the attorney general a defined role in certain trafficking of persons prosecutions under Chapter 20A, Penal Code. The bill requires law enforcement agencies that send a probable-cause report to a local prosecutor on a trafficking case to simultaneously send a copy to the attorney general. It also allows the attorney general to request nonpublic investigative information from local prosecutors or law enforcement when the attorney general is representing the state or when the local prosecutor agrees to share it.
The core provision authorizes the attorney general to step in and prosecute a trafficking case if 180 days have passed after the report was submitted, the local prosecutor has not taken prosecutorial action, and the report was sent to both the local prosecutor and the attorney general. If the case is already pending, the attorney general must file a notice of appearance; if not, the attorney general must notify the local prosecutor of the intent to represent the state. Local prosecutors may object in court, and the court must determine whether prosecutorial action has been taken and, if not, order the attorney general to represent the state.
Impact
The bill amends the Civil Practice and Remedies Code and adds new provisions to Chapter 402, Government Code, and Chapter 20A, Penal Code. Its practical effect is to create a statutory pathway for the attorney general to assume or join prosecutions of trafficking of persons offenses when a local prosecutor has not acted within 180 days, while also formalizing information-sharing obligations between law enforcement, local prosecutors, and the attorney general. The bill applies only to offenses committed on or after September 1, 2025, and does not alter prior offenses.
Sentiment
The voting history suggests the bill was ultimately supported, but not without significant opposition. It passed the House and Senate with clear majorities, and the House later concurred in Senate amendments, indicating enough bipartisan or cross-faction support to advance. At the same time, the recorded votes show a meaningful minority opposed the measure, especially in the House, suggesting the proposal was controversial even as it moved forward.
Contention
The main point of contention is the shift in prosecutorial authority from local district or county attorneys to the attorney general. Supporters appear to favor a state-level backstop for trafficking cases that may otherwise stall, while critics likely object to state intervention in local criminal prosecutions and the bill's limits on local prosecutorial discretion. The 180-day trigger, the mandatory sharing of investigative information, and the court process for objections are the key features most likely to have drawn debate.