Bill Text: TX HB1645 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to a private civil cause of action against local entities and campus police departments that violate certain laws related to immigration enforcement.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-12-17 - Filed [HB1645 Detail]
Download: Texas-2025-HB1645-Introduced.html
89R6144 SCL-D | ||
By: Leo Wilson | H.B. No. 1645 |
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relating to a private civil cause of action against local entities | ||
and campus police departments that violate certain laws related to | ||
immigration enforcement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 752, Government Code, is | ||
amended by adding Section 752.058 to read as follows: | ||
Sec. 752.058. PRIVATE CIVIL CAUSE OF ACTION. (a) A person | ||
injured as a result of a crime committed by a person unlawfully | ||
present in the United States or the personal representative of a | ||
person killed as a result of a crime committed by a person | ||
unlawfully present in the United States may bring a civil action | ||
against a local entity or campus police department and may recover | ||
from the local entity or campus police department damages arising | ||
from the personal injury or death on proving: | ||
(1) the existence of a policy by the local entity or | ||
campus police department in violation of Section 752.053; and | ||
(2) a failure by the local entity or campus police | ||
department to comply with this subchapter that resulted in the | ||
unlawfully present person having access to the person injured or | ||
killed when the crime occurred. | ||
(b) Sovereign immunity of this state and governmental | ||
immunity of a local entity to suit and from liability is waived to | ||
the extent of liability created by this section. | ||
(c) The court in an action brought under this section may | ||
award reasonable costs and attorney's fees to the prevailing party. | ||
SECTION 2. Section 752.058, Government Code, as added by | ||
this Act, applies only to a cause of action that accrues on or after | ||
the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2025. |