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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for the trafficking of persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 98 to read as follows: |
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CHAPTER 98. LIABILITY FOR TRAFFICKING OF PERSONS |
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Sec. 98.001. DEFINITION. In this chapter, "trafficking of |
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persons" means conduct that constitutes an offense under Chapter |
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20A, Penal Code. |
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Sec. 98.002. LIABILITY. (a) A defendant who engages in the |
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trafficking of persons, including knowingly trafficking another |
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person, or intentionally or knowingly benefitting from |
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participating in a venture that traffics another person, is liable |
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to the person trafficked, as provided by this chapter, for damages |
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arising from the trafficking of that person by the defendant or |
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venture. |
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(b) It is not a defense to liability under this chapter that |
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a defendant has been acquitted or has not been prosecuted or |
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convicted under Chapter 20A, Penal Code, or has been convicted of a |
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different offense or of a different type or class of offense, for |
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the conduct that is alleged to give rise to liability under this |
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chapter. |
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Sec. 98.003. DAMAGES. (a) A plaintiff who prevails in a |
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suit under this chapter may recover actual damages, including |
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damages for mental anguish even if an injury other than mental |
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anguish is not shown. |
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(b) In addition to an award under Subsection (a), a |
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plaintiff who prevails in a suit under this chapter may recover |
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exemplary damages and reasonable attorney's fees. |
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SECTION 2. Chapter 98, Civil Practice and Remedies Code, as |
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added by this Act, applies only to a cause of action that accrues on |
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or after the effective date of this Act. A cause of action that |
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accrues before the effective date of this Act is governed by the law |
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in effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |