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Amend CSSB 4 (senate committee printing) in SECTION 5 of the bill, between added Sections 752.055 and 752.056, Government Code (page 5, between lines 21 and 22), by inserting the following:
Sec. 752.0555. CIVIL PENALTY. (a) A local entity, state criminal justice agency, or campus police department that violates Section 752.053 is subject to a civil penalty in an amount:
(1) not less than $1,000 and not more than $1,500 for the first violation; and
(2) not less than $25,000 and not more than $25,500 for each subsequent violation.
(b) Each day of a continuing violation of Section 752.053 constitutes a separate violation for the civil penalty under this section.
(c) The three-judge district court that hears an action brought under Section 752.055 against the local entity, state criminal justice agency, or campus police department shall determine the amount of the civil penalty under this section.
(d) A civil penalty collected under this section shall be deposited to the credit of the compensation to victims of crime fund established under Subchapter B, Chapter 56, Code of Criminal Procedure.
(e) Governmental immunity of a county and municipality to suit is waived and abolished to the extent of liability created by this section.