HB 45

"🚨 What You Should Know About HB 45 – Human Trafficking Prosecution in Texas

HB 45 is a new Texas law designed to close a dangerous loophole in how human trafficking cases are handled across the state. It gives the Texas Attorney General the authority to step in and prosecute a trafficking case—but only if a local District Attorney (DA) does nothing for six months after receiving a report with probable cause.

Why this matters:
Some counties have DAs who are overwhelmed, underfunded, or—let’s be honest—simply unwilling to go after human traffickers. That inaction can create safe zones for cartels, traffickers, and smugglers. HB 45 creates a fail-safe so those cases don’t get quietly buried.

Here’s how it works:

Police send trafficking cases to both the local DA and the Attorney General.

The local DA still gets the first chance to prosecute.

If nothing happens after 6 months, the Attorney General is required to take over.

The local DA can object, and a judge decides whether they’ve taken “action” or not.

This bill doesn’t remove local power—but it does hold DAs accountable for ignoring trafficking cases.

Supporters of HB 45 include:

True Texas Project

Texas Constitutional Enforcement

Sheriffs’ Association of Texas

Children at Risk (child advocacy nonprofit)

Opposition came from:

ACLU of Texas

Texas Civil Rights Project

Dallas County District Attorney’s Office

Why some groups opposed it:
They worry it sets a precedent—once you let the AG override a DA in trafficking cases, it could happen with other crimes too. And the bill doesn’t define what “prosecutorial action” means. Is reviewing evidence enough? Or does the DA have to file charges?

Bottom line:
✅ If your county is doing its job—nothing changes.
⚠️ If your DA is sitting on serious cases—this law gives the state a legal way to act.
But there are still some unanswered questions:

Who tracks when the AG steps in?

Will counties get help paying for investigations if they lose control of a case?

Will future lawmakers try to expand this power beyond trafficking?

This bill is about protecting victims—and making sure justice isn’t optional depending on where you live. But like many well-intentioned laws, it needs guardrails to ensure it’s used the right way.

HB 45 takes effect September 1, 2025.
I’ll be watching how it’s implemented—and who benefits from it. You should too."