🟡Relating to the duty of the attorney general to represent the state in the prosecution of the criminal offense of trafficking of persons.

HB 45

🟡 HB 45: State intervention in human trafficking prosecutions

What it says it does:
HB 45 allows the Texas Attorney General to step in and prosecute human trafficking cases if a local District Attorney does not act within six months of receiving a report with probable cause.

What it actually changes:
The bill creates a legal trigger allowing the AG to override a local prosecutor’s discretion after 180 days of inaction. Law enforcement must submit trafficking reports to both the DA and AG, and the AG is required to act if the DA has not. Local prosecutors can object in court, but the final decision rests with a judge.

Who is pushing for it:
Supporters listed in the official witness files include Texas Constitutional Enforcement, True Texas Project, Sheriffs’ Association of Texas, and Children at Risk.

Who benefits:
The Texas Attorney General gains new authority over local prosecutions. State-level advocacy groups benefit from expanded enforcement. Law enforcement officials in jurisdictions with inactive DAs may also benefit from a guaranteed backup option.

Who gets left out or exposed:
Local DAs lose discretion and may still have to support prosecutions they no longer control. Victims may experience delays if a jurisdictional dispute arises. Counties with limited resources may be overwhelmed if the AG steps in without funding support.

Why this matters long term:
HB 45 shifts part of Texas’s criminal enforcement structure from local control to centralized state power. It creates a legal precedent for AG takeovers tied to time-based triggers. This framework could be reused for other categories of crime in future sessions.

What to watch next:
There is no definition of “prosecutorial action,” which leaves the six-month trigger open to interpretation. The bill includes no funding for local agencies or reporting requirements for the AG. Future expansions of this model should be watched closely.

Bottom line:
HB 45 addresses a real concern around unprosecuted trafficking cases, but it creates a new enforcement pipeline without clear rules, funding, or oversight. It’s a cautious power shift Texans should keep their eyes on.