Bill Text: TX HB101 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to civil liability of municipalities for failure to comply with immigration detainer requests.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2021-02-25 - Referred to State Affairs [HB101 Detail]
Download: Texas-2021-HB101-Introduced.html
87R29 SCL-D | ||
By: Toth | H.B. No. 101 |
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relating to civil liability of municipalities for failure to comply | ||
with immigration detainer requests. | ||
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 MUNICIPALITY FOR FAILURE TO | ||
COMPLY WITH IMMIGRATION DETAINER REQUEST. (a) Except as provided | ||
by Subsection (e), a municipality that releases from custody a | ||
person who is the subject of an immigration detainer request issued | ||
by United States Immigration and Customs Enforcement is liable for | ||
damages resulting from a felony committed by the person in this | ||
state within 10 years following the person's release if: | ||
(1) the municipality did not detain the person as | ||
requested; | ||
(2) the person was not a citizen of the United States | ||
at the time of release; and | ||
(3) the attorney general has filed a petition or | ||
applied for equitable relief under Section 752.055, Government | ||
Code, against the municipality. | ||
(b) An immigration detainer request described by Subsection | ||
(a) is presumed to be valid, regardless of whether the detainer is | ||
written or verbal. | ||
(c) This section does not create liability for damages that | ||
a person who is subject to an immigration detainer request sustains | ||
following the person's release by a municipality. | ||
(d) Governmental immunity of a municipality to suit is | ||
waived and abolished to the extent of liability created by this | ||
section. | ||
(e) A municipality is not liable under Subsection (a) for | ||
damages incurred after United States Immigration and Customs | ||
Enforcement subsequently detains the person described by that | ||
subsection. | ||
SECTION 2. Section 101.0216, Civil Practice and Remedies | ||
Code, as added 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 September 1, 2021. |