| 1 | 1 | | 85R364 SCL-D |
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| 2 | 2 | | By: Shaheen H.B. No. 764 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to civil liability of a local government for failure to |
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| 8 | 8 | | comply with an immigration detainer. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 101, Civil Practice and |
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| 11 | 11 | | Remedies Code, is amended by adding Section 101.0216 to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | Sec. 101.0216. LIABILITY OF LOCAL GOVERNMENT FOR FAILURE TO |
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| 14 | 14 | | COMPLY WITH IMMIGRATION DETAINER. (a) In this section, "local |
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| 15 | 15 | | government" means a county, municipality, or political subdivision |
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| 16 | 16 | | of this state. |
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| 17 | 17 | | (b) A local government that releases from custody a person |
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| 18 | 18 | | who is the subject of an immigration detainer issued by United |
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| 19 | 19 | | States Immigration and Customs Enforcement is liable for damages |
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| 20 | 20 | | resulting from a felony committed by the person in this state within |
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| 21 | 21 | | four years following the person's release. |
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| 22 | 22 | | (c) This section does not create liability for damages |
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| 23 | 23 | | sustained by a person who is subject to an immigration detainer |
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| 24 | 24 | | following the person's release by a local government. |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies only |
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| 26 | 26 | | with respect to the release of a person from custody on or after the |
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| 27 | 27 | | effective date of this Act. |
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| 28 | 28 | | SECTION 3. This Act takes effect immediately if it receives |
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| 29 | 29 | | a vote of two-thirds of all the members elected to each house, as |
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| 30 | 30 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 31 | 31 | | Act does not receive the vote necessary for immediate effect, this |
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| 32 | 32 | | Act takes effect September 1, 2017. |
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