Bill would let municipalities suspend or revoke hotel certificates of occupancy after probable-cause finding in trafficking cases

Chairman Bettencourt recognized Senate sponsor Senator Paxton to lay out the committee substitute to House Bill 5,509, a measure aimed at giving municipalities additional tools to address suspected human trafficking activity at hotels and motels.

Senator Paxton told the committee that while law enforcement investigates trafficking, municipalities historically have had "very few direct tools to act against businesses suspected of enabling or ignoring trafficking activities" and often must wait for criminal convictions before taking action. The committee substitute would permit a municipality to suspend or revoke a hotel’s certificate of occupancy if two conditions are met: (1) law enforcement provides an affidavit of probable cause that human trafficking is occurring at the hotel; and (2) a criminal court with jurisdiction issues an order stating findings of probable cause that human trafficking is occurring.

The committee substitute added clarifying language requested by the Texas Hotel and Lodging Association to ensure that municipalities must follow standard suspension/revocation procedures and provide due process consistent with other types of businesses, Justin Bridle, general counsel for the association, told the committee. "We think this bill takes a step in the right direction to give those cities an additional tool," Bridle testified while supporting the substitute and thanking the sponsor for due-process clarifications.

Committee members and the hotel association emphasized the balance between protecting vulnerable individuals and affording lodging operators procedural protections; the substitute explicitly conditions suspension or revocation on municipal compliance with regular CO suspension/revocation procedures.

Public testimony closed with no further witnesses and the committee left the substitute pending subject to call of the chair. Later in the hearing cycle the committee reported the committee substitute to the full Senate (recorded roll call later in the meeting shows the substitute reported to the full Senate with a unanimous recorded vote of 7–0).