The bill, H.B. No. 1645, introduces a new legal provision in the Texas Government Code that establishes a private civil cause of action against local entities and campus police departments for violations related to immigration enforcement. Specifically, it allows individuals who are injured or the representatives of those killed by crimes committed by individuals unlawfully present in the United States to sue these entities. To succeed in such a lawsuit, the plaintiff must demonstrate that the local entity or campus police department had a policy violating Section 752.053 and failed to comply with the relevant regulations, which resulted in the unlawful individual's access to the victim at the time of the crime.

Additionally, the bill waives sovereign immunity for the state and governmental immunity for local entities to the extent of liability created by this new section. It also allows courts to award reasonable costs and attorney's fees to the prevailing party in these actions. The provisions of this bill will apply only to causes of action that accrue on or after its effective date, which is set for September 1, 2025.

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