Relating to the duty of the attorney general to prosecute human trafficking offenses.
Summary
HB 5360 would expand the role of the Texas attorney general in human trafficking prosecutions. The bill applies to offenses under Chapter 20A of the Penal Code, which covers human trafficking, and requires law enforcement agencies to send the attorney general a copy of any probable-cause report they submit to a local prosecutor. It also allows the attorney general to request investigative information from local prosecutors or law enforcement agencies to support prosecution efforts.
The core change is that the attorney general would gain jurisdiction to prosecute a human trafficking offense if a report has been submitted to both the local prosecutor and the attorney general, and six months pass without the local prosecutor beginning prosecution. In that circumstance, the attorney general would represent the state in the case, notwithstanding other law. The bill would take effect September 1, 2025, and would apply only to offenses committed on or after that date.
Impact
HB 5360 would amend Chapter 402 of the Government Code and Chapter 20A of the Penal Code to create a new statutory pathway for state-level prosecution of human trafficking cases by the attorney general. It would impose new notification and information-sharing duties on law enforcement agencies and local prosecuting attorneys, while also adding a new prosecutorial authority for the attorney general when local action does not begin within six months. The bill would not change the definition of human trafficking offenses, but it would alter who may prosecute them and under what conditions.
Sentiment
The available context shows no recorded committee transcript or vote data, so there is no direct evidence of debate, support, or opposition in the materials provided. Based on the bill text alone, the measure appears to be framed as an anti-human-trafficking enforcement expansion, which typically suggests a public-safety-oriented purpose. However, the lack of voting history or hearing discussion means the overall sentiment cannot be measured beyond the bill’s stated intent.
Contention
The main point of potential contention is the shift in prosecutorial authority from local prosecutors to the attorney general after a six-month delay. Supporters would likely view this as a backstop to ensure human trafficking cases are not left unprosecuted, while critics may see it as an intrusion on local prosecutorial discretion and a change in the traditional balance between county prosecutors and the state. Another possible issue is the mandatory sharing of investigative reports and information with the attorney general, which could raise concerns about local control, case strategy, and resource burdens on law enforcement agencies.
Relating to the establishment of a statewide human trafficking data repository within the office of the attorney general and to reporting of human trafficking data to the office of the attorney general and by the attorney general.