CHAPTER 98. LIABILITY FOR TRAFFICKING OF PERSONS - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 98. LIABILITY FOR TRAFFICKING OF PERSONS

Sec. 98.001. DEFINITION. In this chapter, "trafficking of

persons" means conduct that constitutes an offense under Chapter

20A, Penal Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

309, Sec. 1, eff. June 19, 2009.

Sec. 98.002. LIABILITY. (a) A defendant who engages in the

trafficking of persons or who intentionally or knowingly benefits

from participating in a venture that traffics another person is

liable to the person trafficked, as provided by this chapter, for

damages arising from the trafficking of that person by the

defendant or venture.

(b) It is not a defense to liability under this chapter that a

defendant has been acquitted or has not been prosecuted or

convicted under Chapter 20A, Penal Code, or has been convicted of

a different offense or of a different type or class of offense,

for the conduct that is alleged to give rise to liability under

this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

309, Sec. 1, eff. June 19, 2009.

Sec. 98.003. DAMAGES. (a) A claimant who prevails in a suit

under this chapter shall be awarded:

(1) actual damages, including damages for mental anguish even if

an injury other than mental anguish is not shown;

(2) court costs; and

(3) reasonable attorney's fees.

(b) In addition to an award under Subsection (a), a claimant who

prevails in a suit under this chapter may recover exemplary

damages.

Added by Acts 2009, 81st Leg., R.S., Ch.

309, Sec. 1, eff. June 19, 2009.

Sec. 98.004. CAUSE OF ACTION CUMULATIVE. The cause of action

created by this chapter is cumulative of any other remedy

provided by common law or statute.

Added by Acts 2009, 81st Leg., R.S., Ch.

309, Sec. 1, eff. June 19, 2009.

Sec. 98.005. JOINT AND SEVERAL LIABILITY. A person who engages

in the trafficking of persons or who intentionally or knowingly

benefits from participating in a venture that traffics another

person and is found liable under this chapter or other law for

any amount of damages arising from the trafficking is jointly

liable with any other defendant for the entire amount of damages

arising from the trafficking.

Added by Acts 2009, 81st Leg., R.S., Ch.

309, Sec. 1, eff. June 19, 2009.

Sec. 98.006. LIBERAL CONSTRUCTION AND APPLICATION. This chapter

shall be liberally construed and applied to promote its

underlying purpose to protect persons from human trafficking and

provide adequate remedies to victims of human trafficking.

Added by Acts 2009, 81st Leg., R.S., Ch.

309, Sec. 1, eff. June 19, 2009.