§ 140A.108.Cooperation with Local Prosecutor
Title 6. Miscellaneous Provisions · Chapter 140A. Civil Racketeering Related to Trafficking of Persons · Subchapter C. Enforcement · Last amended 2017 · Last verified August 29, 2026
Full Text of § 140A.108
Plain-English Summary
The reply half of the coordination scheme.
Subsection (a): a prosecutor receiving notice may notify the attorney general of a related pending criminal investigation or prosecution. Subsection (b) requires that notification to be in writing and to describe or otherwise identify the defendant or suspect.
The reply is permissive. A prosecutor with nothing pending need not respond, and a prosecutor who chooses not to disclose an investigation is not obliged to.
Subsection (c) is where the obligation lands, and it is on the attorney general. On receipt, they shall coordinate and cooperate with the prosecutor to ensure that the filing of a suit does not interfere with an ongoing criminal investigation or prosecution, and shall update the prosecutor on matters affecting the suit or the investigation.
"Shall ensure" sets a demanding standard, and the continuing update duty means the obligation does not end with a single conversation.
The allocation of priority is clear from the structure. The criminal prosecution is the protected activity; the civil suit accommodates it.
That is the right order. A criminal case can imprison a trafficker and cannot be repeated if compromised; a civil asset case can wait.
What happens if coordination fails is answered next: the prosecutor may request abatement in writing, and the attorney general must abate.
Frequently Asked Questions
Must a prosecutor respond to the notice?
No. Notifying the attorney general of a related criminal matter is permissive.
What must the attorney general do on receiving it?
Coordinate and cooperate to ensure the suit does not interfere with the criminal investigation or prosecution, and keep the prosecutor updated.
Which takes priority?
The criminal matter. The civil suit accommodates it, and can be abated at the prosecutor’s written request.
Amendment History
- Added by Acts 2013, 83rd Leg., R.S., Ch. 1066 (H.B. 3241), Sec. 1, eff. June 14, 2013. Redesignated from Civil Practice and Remedies Code, Chapter 140 by
- Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(5), eff. September 1, 2015.
- Amended by:
- Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(2), eff. September 1, 2015.
- Transferred, redesignated and amended from Civil Practice and Remedies Code, Section 140A.010 by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 7, eff. September 1, 2017.