| 1 | 1 | | 87R29 SCL-D |
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| 2 | 2 | | By: Toth H.B. No. 101 |
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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 municipalities for failure to comply |
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| 8 | 8 | | with immigration detainer requests. |
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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 MUNICIPALITY FOR FAILURE TO |
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| 14 | 14 | | COMPLY WITH IMMIGRATION DETAINER REQUEST. (a) Except as provided |
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| 15 | 15 | | by Subsection (e), a municipality that releases from custody a |
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| 16 | 16 | | person who is the subject of an immigration detainer request issued |
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| 17 | 17 | | by United States Immigration and Customs Enforcement is liable for |
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| 18 | 18 | | damages resulting from a felony committed by the person in this |
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| 19 | 19 | | state within 10 years following the person's release if: |
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| 20 | 20 | | (1) the municipality did not detain the person as |
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| 21 | 21 | | requested; |
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| 22 | 22 | | (2) the person was not a citizen of the United States |
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| 23 | 23 | | at the time of release; and |
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| 24 | 24 | | (3) the attorney general has filed a petition or |
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| 25 | 25 | | applied for equitable relief under Section 752.055, Government |
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| 26 | 26 | | Code, against the municipality. |
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| 27 | 27 | | (b) An immigration detainer request described by Subsection |
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| 28 | 28 | | (a) is presumed to be valid, regardless of whether the detainer is |
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| 29 | 29 | | written or verbal. |
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| 30 | 30 | | (c) This section does not create liability for damages that |
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| 31 | 31 | | a person who is subject to an immigration detainer request sustains |
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| 32 | 32 | | following the person's release by a municipality. |
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| 33 | 33 | | (d) Governmental immunity of a municipality to suit is |
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| 34 | 34 | | waived and abolished to the extent of liability created by this |
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| 35 | 35 | | section. |
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| 36 | 36 | | (e) A municipality is not liable under Subsection (a) for |
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| 37 | 37 | | damages incurred after United States Immigration and Customs |
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| 38 | 38 | | Enforcement subsequently detains the person described by that |
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| 39 | 39 | | subsection. |
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| 40 | 40 | | SECTION 2. Section 101.0216, Civil Practice and Remedies |
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| 41 | 41 | | Code, as added by this Act, applies only with respect to the release |
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| 42 | 42 | | of a person from custody on or after the effective date of this Act. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2021. |
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