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A BILL TO BE ENTITLED
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AN ACT
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relating to a private civil cause of action against local entities |
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and campus police departments that violate certain laws related to |
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immigration enforcement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 752, Government Code, is |
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amended by adding Section 752.058 to read as follows: |
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Sec. 752.058. PRIVATE CIVIL CAUSE OF ACTION. (a) A person |
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injured by the tortious acts or omissions of a person unlawfully |
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present in the United States or the personal representative of a |
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person killed by the tortious acts or omissions of a person |
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unlawfully present in the United States may bring a civil action |
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against a local entity or campus police department and may recover |
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from the local entity or campus police department damages arising |
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from the personal injury or death on proving: |
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(1) the existence of a policy by the local entity or |
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campus police department in violation of Section 752.053; and |
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(2) a failure by the local entity or campus police |
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department to comply with this subchapter that resulted in the |
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unlawfully present person having access to the person injured or |
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killed when the tortious acts or omissions occurred. |
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(b) Sovereign immunity of this state and governmental |
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immunity of a local entity to suit and from liability is waived to |
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the extent of liability created by this section. |
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(c) The claimant has a right to trial by jury in an action |
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brought under this section. |
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(d) The court in an action brought under this section may |
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award reasonable costs and attorney's fees to the prevailing party. |
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SECTION 2. Section 752.058, Government Code, as added by |
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this Act, applies only to a cause of action that accrues on or after |
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the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |