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HB 1645

AN ACT relating to a private civil cause of action against local entities

House Bill Leo Wilson
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Allows individuals to sue local entities or campus police departments if they are injured or killed by a person unlawfully present in the United States, due to the entity's failure to comply with certain immigration-related laws. Plaintiffs must prove the local entity had a policy violating immigration regulations and that this policy directly enabled the crime to occur. The bill removes sovereign immunity for such cases, potentially exposing local governments and campus police to civil liability and damages, with the possibility of recovering legal costs.

Subject Areas

Bill Text

relating to a private civil cause of action against local entities
and campus police departments that violate certain laws related to
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.

Bill Sponsors

Legislators who authored or co-sponsored this bill.

Bill History

filed

Bill filed: AN ACT relating to a private civil cause of action against local entities