| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to agreements between counties and United States |
|
|
Immigration and Customs Enforcement to enforce federal immigration |
|
|
law. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 351, Local Government |
|
|
Code, is amended by adding Section 351.905 to read as follows: |
|
|
Sec. 351.905. IMMIGRATION LAW ENFORCEMENT AGREEMENTS; |
|
|
INJUNCTION; DENIAL OF STATE GRANT FUNDS. (a) The commissioners |
|
|
court of each county shall request and, as offered, enter into a |
|
|
written agreement with United States Immigration and Customs |
|
|
Enforcement under Section 287(g), Immigration and Nationality Act |
|
|
(8 U.S.C. Section 1357), to authorize officers and employees of the |
|
|
county to enforce federal immigration law. |
|
|
(b) An agreement entered into under this section must |
|
|
include the scope, duration, and limitations of the authority. |
|
|
(c) The attorney general may bring an action against a |
|
|
county that fails to comply with Subsection (a) in a district court |
|
|
in Travis County for appropriate injunctive relief. |
|
|
(d) The attorney general may recover reasonable expenses |
|
|
incurred in obtaining relief under Subsection (c), including court |
|
|
costs, reasonable attorney's fees, investigative costs, witness |
|
|
fees, and deposition costs. |
|
|
(e) A county may not receive state grant funds, and state |
|
|
grant funds for the county shall be denied, for the state fiscal |
|
|
year following the year in which a final judicial determination in |
|
|
an action brought under Subsection (c) is made that the county has |
|
|
failed to comply with Subsection (a). |
|
|
(f) The comptroller shall adopt rules to implement |
|
|
Subsection (e) uniformly among the state agencies from which state |
|
|
grant funds are distributed to a county. |
|
|
SECTION 2. As soon as practicable after the effective date |
|
|
of this Act, the commissioners court of each county shall comply |
|
|
with Section 351.905, Local Government Code, as added by this Act. |
|
|
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, 2023. |