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