Bill Text: TX SB164 | 2025-2026 | 89th Legislature | Introduced

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Bill Title: Relating to state, local, and court involvement in determining whether victims and witnesses to an offense and certain detained, arrested, or incarcerated persons are lawfully present in the United States.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-11-12 - Filed [SB164 Detail]

Download: Texas-2025-SB164-Introduced.html

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89R2830 SCL-F
By: Menéndez, et al. S.B. No. 164

A BILL TO BE ENTITLED
AN ACT
relating to state, local, and court involvement in determining
whether victims and witnesses to an offense and certain detained,
arrested, or incarcerated persons are lawfully present in the
United States.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The following provisions are repealed:
(1) Article 2A.059, Code of Criminal Procedure;
(2) Article 2A.060, Code of Criminal Procedure;
(3) Article 17.16(a-1), Code of Criminal Procedure;
(4) Article 42.039, Code of Criminal Procedure;
(5) Section 402.0241, Government Code;
(6) Subchapter C, Chapter 752, Government Code;
(7) Section 772.0076, Government Code;
(8) Section 87.031(c), Local Government Code; and
(9) Section 39.07, Penal Code.
SECTION 2. Article 17.16(a), Code of Criminal Procedure, is
amended to read as follows:
(a) A surety may before forfeiture relieve the surety of the
surety's undertaking by:
(1) surrendering the accused into the custody of the
sheriff of the county where the prosecution is pending; or
(2) delivering to the sheriff of the county in which
the prosecution is pending and to the office of the prosecuting
attorney an affidavit stating that the accused is incarcerated in[:
[(A)] federal custody, in [subject to Subsection
(a-1);
[(B)] the custody of any state,[;] or in
[(C)] any county of this state.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.