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