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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability of a local government for failure to |
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comply with an immigration detainer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 101, Civil Practice and |
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Remedies Code, is amended by adding Section 101.0216 to read as |
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follows: |
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Sec. 101.0216. LIABILITY OF LOCAL GOVERNMENT FOR FAILURE TO |
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COMPLY WITH IMMIGRATION DETAINER. (a) In this section, "local |
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government" means a county, municipality, or political subdivision |
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of this state. |
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(b) A local government that releases from custody a person |
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who is the subject of an immigration detainer issued by United |
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States Immigration and Customs Enforcement is liable for damages |
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resulting from a felony committed by the person in this state within |
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four years following the person's release. |
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(c) This section does not create liability for damages |
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sustained by a person who is subject to an immigration detainer |
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following the person's release by a local government. |
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SECTION 2. The change in law made by this Act applies only |
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with respect to the release of a person from custody on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |