Bill aims to go after hotels, motels involved in human trafficking

MCALLEN, Texas (ValleyCentral) — Texas lawmakers are considering a bill that would suspend and revoke a hotel or motel's permits if they are suspected of human trafficking.

Texas House Bill 5509 would allow local officials to take away a hotel’s certificate of occupancy if there is reasonable suspicion of trafficking offenses. Hotel industry experts like Justin R. Bragiel with the Texas Hotel & Lodging Association says they fully support the bipartisan bill.

“I think this legislation looks to streamline that process somewhat," Bragiel said. “They can utilize their existing zoning and land use ordinances and the government code in order to stop a business from operating, change its use that kind of thing. They can go to court and get that injunction made permanently, so ask the court to permanently shut down a business that's engaging in this type of criminal activity.”

Cities would be provided extra tools to fight the issue. And, law enforcement can inform them of an investigation involving the business leading to a closure.

“It gives Border Patrol the ability to approach city leaders and prosecutors to indicate where there may be problem areas and more quickly identify them," Bragiel said. "Now, I will say that the current law allows border patrol and DPS and others to go right on in and if there's an active crime occurring, to go and take action right away.”

According to a Homeland Security report, hotels and motels are locations where traffickers regularly house victims.

These crimes are considered felonies for those involved directly and those who benefit economically. Bragiel ensures the current bill provides a just due process for all suspected hotel operators.

“It's important to get the legislation and the language exactly right to ensure that innocent operators are wrongfully run out of business, that there's a process, due process afforded to individuals who operate businesses," Bragiel said. "So, you know, we can't just shut things down without there being some sort of a method here.”

Bragiel, on behalf of the Texas Hotel & Lodging Association (THLA) also offered this full statement in support of the policy:

"Human trafficking is a problem everywhere in the nation, although hotel operators have undertaken great efforts to prevent this activity from occurring in hotels.  The bill author is seeking to provide cities with additional tools for addressing suspected human trafficking activity.  We are supportive of Re. Bumgarner’s goals, and the hotel industry works hard to prevent human trafficking activity from occurring.  For example, we worked in 2021 to pass legislation to require human trafficking prevent training statewide, and hotel brands work closely with non-governmental organizations devoted to stopping human trafficking activity. 

Under current law, any person who receives any benefit from participating in a venture involving human trafficking activity is committing a felony, and HB 5509 maintains that felony status in the law.  Additionally, under Ch. 98 of the existing  Civil Practices and Remedies Code, a hotel or other business owner may be found liable in a civil lawsuit if the hotel knowingly or intentionally benefits from human trafficking activity.  Hotel owners may be sued by any entity with standing if the hotel owners allows human trafficking activity to occur on the property.

Currently, Texas law allows cities to revoke certificate of occupancy for criminal activity under current law.  Cities have the ability to revoke a certificate of occupancy for hotels that violate a city’s land-use ordinance, provided the hotel is given due process via the city’s board, commission, city council, etc.  And cities may pursue nuisance abatement actions against a business operator under Chapter 125 of the Civil Practices and Remedies Code.  This includes the ability to close a business for one year.  Our goal for HB 5509 is to maintain these important tools for cities and also make sure that hotel operators continue to have due process protections in place."