| 1 | 1 | | 87R12211 SCL-F |
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| 2 | 2 | | By: Hughes S.B. No. 1926 |
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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 a private civil cause of action against local entities |
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| 8 | 8 | | and campus police departments that violate certain laws related to |
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| 9 | 9 | | immigration enforcement. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 752, Government Code, is |
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| 12 | 12 | | amended by adding Section 752.058 to read as follows: |
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| 13 | 13 | | Sec. 752.058. PRIVATE CIVIL CAUSE OF ACTION. (a) A person |
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| 14 | 14 | | injured by the tortious acts or omissions of a person unlawfully |
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| 15 | 15 | | present in the United States or the personal representative of a |
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| 16 | 16 | | person killed by the tortious acts or omissions of a person |
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| 17 | 17 | | unlawfully present in the United States may bring a civil action |
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| 18 | 18 | | against a local entity or campus police department and may recover |
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| 19 | 19 | | from the local entity or campus police department damages arising |
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| 20 | 20 | | from the personal injury or death on proving: |
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| 21 | 21 | | (1) the existence of a policy by the local entity or |
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| 22 | 22 | | campus police department in violation of Section 752.053; and |
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| 23 | 23 | | (2) a failure by the local entity or campus police |
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| 24 | 24 | | department to comply with this subchapter that resulted in the |
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| 25 | 25 | | unlawfully present person having access to the person injured or |
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| 26 | 26 | | killed when the tortious acts or omissions occurred. |
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| 27 | 27 | | (b) Sovereign immunity of this state and governmental |
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| 28 | 28 | | immunity of a local entity to suit and from liability is waived to |
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| 29 | 29 | | the extent of liability created by this section. |
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| 30 | 30 | | (c) The claimant has a right to trial by jury in an action |
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| 31 | 31 | | brought under this section. |
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| 32 | 32 | | (d) The court in an action brought under this section may |
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| 33 | 33 | | award reasonable costs and attorney's fees to the prevailing party. |
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| 34 | 34 | | SECTION 2. Section 752.058, Government Code, as added by |
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| 35 | 35 | | this Act, applies only to a cause of action that accrues on or after |
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| 36 | 36 | | the effective date of this Act. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2021. |
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