HB 241 — The authority of a county attorney or district attorney

90R133 SRA-D By: Morales of Maverick H.B. No. 241 relating to the authority of a county attorney or district attorney to enforce human trafficking awareness and prevention in commercial lodging establishments.

SECTION 1. Section 114.0102, Business & Commerce Code, is amended to read as follows: Sec. 114.0102. OPPORTUNITY TO CURE. If the attorney general or the county or district attorney of the county in which a commercial lodging establishment is located has reason to believe an operator of a commercial lodging establishment has violated this chapter, the attorney general , county attorney, or district attorney shall provide written notice to the operator that: (1) describes the operator's violation; (2) states that the commercial lodging establishment may be liable for a civil penalty if the operator does not cure the violation before the 30th day after the date the operator receives the notice; and (3) includes the maximum potential civil penalty that may be imposed for the violation.

SECTION 2. Section 114.0103(a), Business & Commerce Code, is amended to read as follows: (a) If the operator of a commercial lodging establishment fails to cure a violation of this chapter before the 30th day after the date the operator receives notice of the violation under Section 114.0102, the establishment is liable [ to this state ] for a civil penalty in an amount not to exceed $500 for each violation. Each day a violation continues is a separate violation for purposes of imposing the civil penalty.

SECTION 3. Section 114.0104, Business & Commerce Code, is amended to read as follows: Sec. 114.0104. ACTION BY ATTORNEY GENERAL OR COUNTY OR DISTRICT ATTORNEY . (a) The attorney general or a county attorney or district attorney may bring an action [ in the name of the state ]: (1) to recover a civil penalty imposed under Section 114.0103; or (2) for injunctive relief to require compliance with this chapter. (b) An action under this section by the attorney general may be brought in a district court in: (1) Travis County; or (2) a county in which any part of the violation or threatened violation occurs. (b-1) An action under this section by a county attorney or district attorney shall be brought in a district court in a county in which any part of the violation or threatened violation occurs. (c) The attorney general , county attorney, or district attorney may recover reasonable expenses incurred in obtaining injunctive relief or a civil penalty under this section, including court costs, reasonable attorney's fees, and investigatory costs. (d) A civil penalty recovered by a county attorney or district attorney under this section is payable to the county in which the violation occurred.

SECTION 4. This Act takes effect September 1, 2027.