§ 140A.0015.Applicability of Provisions
Title 6. Miscellaneous Provisions · Chapter 140A. Civil Racketeering Related to Trafficking of Persons · Subchapter A. General Provisions · Last amended 2017 · Last verified August 29, 2026
Full Text of § 140A.0015
Plain-English Summary
Two general provisions, each doing familiar work.
Subsection (a): the provisions are cumulative of each other and any other provision of law in effect relating to the same subject, and they preserve the constitutional and common law authority of the attorney general to bring any action under state and federal law.
The preservation clause matters more than it looks. A detailed statutory grant of authority invites the argument that it is exhaustive — that the attorney general may do this and nothing else in the field. The subsection forecloses it.
So the chapter adds a remedy to whatever authority already existed, and the attorney general is not confined to it.
"Cumulative of each other" is the less obvious half, and it addresses the chapter’s internal structure: the investigative machinery, the abatement suit, and the remedies operate together rather than as alternatives.
Subsection (b) is a severability clause, and it covers both facial and as-applied invalidity: if a provision is held invalid, the remainder is not affected, and its application to persons or circumstances other than those as to which it is held invalid is likewise unaffected.
Severability appears here for a reason. The chapter authorises asset freezing before judgment, forced divestiture, dissolution of enterprises and restrictions on future activity — each of which invites a constitutional challenge, and any one of which failing should not take the rest with it.
Frequently Asked Questions
Does this chapter limit the attorney general’s other powers?
No. It expressly preserves the constitutional and common law authority to bring any action under state and federal law.
Can other remedies be pursued as well?
Yes. The chapter is cumulative of other law relating to the same subject.
What happens if part of the chapter is struck down?
The remainder is unaffected, as is the application of the provision to other persons or circumstances.
Amendment History
- Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 4, eff. September 1, 2017.