Bill Text: TX HB764 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to civil liability of a local government for failure to comply with an immigration detainer.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-03-01 - Referred to State Affairs [HB764 Detail]
Download: Texas-2017-HB764-Introduced.html
| 85R364 SCL-D | ||
| By: Shaheen | H.B. No. 764 | |
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| 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. | ||
