CHAPTER 98. LIABILITY FOR TRAFFICKING OF PERSONS
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.