§ 140A.064.Nonexclusive Procedures
Title 6. Miscellaneous Provisions · Chapter 140A. Civil Racketeering Related to Trafficking of Persons · Subchapter B. Procedures and Evidence · Last amended 2017 · Last verified August 29, 2026
Full Text of § 140A.064
Plain-English Summary
A single sentence, and it forestalls an argument the detail of this subchapter would otherwise invite.
Nothing in the chapter precludes the attorney general from using any procedure not specified in the chapter in conducting a racketeering investigation.
The concern is a familiar canon of construction. A statute that sets out a detailed procedure invites the inference that the procedure is exclusive — that by specifying these methods the legislature excluded others.
Fourteen sections of demands, service, certificates and enforcement would make that argument available. This section removes it.
What remains available is everything else. Interviewing willing witnesses, gathering public records, working with law enforcement, receiving material from another agency, using ordinary discovery once suit is filed.
None of that requires a demand, and a target could not object that information was obtained outside the subchapter.
The section pairs with the chapter’s general savings provision, which preserves the attorney general’s constitutional and common law authority to bring any action. One protects the investigation, the other the suit.
What it does not do is expand any power. Procedures used outside this subchapter carry their own limits, and a method requiring a warrant or a court order still requires one.
The section preserves what already exists; it does not add to it.
Frequently Asked Questions
Is the demand procedure the only investigative tool?
No. Nothing in the chapter precludes the attorney general from using any procedure not specified in it.
Does this expand the attorney general’s powers?
No. It preserves existing methods, and those keep their own limits.
Why is the section needed?
Because a detailed statutory procedure invites the argument that it is exclusive. This forecloses that reading.
Amendment History
- Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.