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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.

Moderate
Low Cost
Effective:2025-09-01
Enforcing Agencies

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

HB45
Relating to the duty of the attorney general to represent the state in the prosecution of the criminal offense of trafficking of persons.
Moderate Urgency
Heavily Contested
House Vote86 - 58
YEA
NAY
60% in favor144 voting
Senate Vote23 - 8
YEA
NAY
74% in favor31 voting
66
Total Opposition Votes
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Local Law Enforcement AgenciesLocal Prosecuting AttorneysOAG
Primary Author: Rep. Lacey Hull
89th Texas Legislature
jdkey.com
01

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.

Need Help Understanding Implementation?

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 14, 2025
Passed House
May 1, 2025
Passed Senate
May 19, 2025
Signed
Jun 20, 2025
TopicsCrimesCrimes--against PersonsCrimes--against Persons--generalCrimes--against Persons--sexualCriminal ProcedureCriminal Procedure--generalLaw EnforcementHuman TraffickingAttorney GeneralCourtsCourts--prosecuting Attorneys
03

House Authors

Rep. Lacey HullRepublican · Primary Author
Joint Authors
Coauthors (16)

Senate Sponsor

Sen. Joan HuffmanRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. Lacey Hull

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about HB45

Q

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).

Q

Who authored HB45?

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

Q

When was HB45 signed into law?

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

Q

Which agencies enforce HB45?

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

Q

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.

Q

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.

Q

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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