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A BILL TO BE ENTITLED
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AN ACT
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relating to contracts or agreements entered into by governmental |
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entities involving the enforcement of immigration law or common or |
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contract carriers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 752, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. AGREEMENTS WITH UNITED STATES IMMIGRATION AND |
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CUSTOMS ENFORCEMENT |
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Sec. 752.071. AGREEMENT ON ENFORCING FEDERAL IMMIGRATION |
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LAW. (a) A governmental entity that employs or appoints a peace |
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officer described by Article 2.12, Code of Criminal Procedure, may |
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request and, as offered, enter into a written agreement with the |
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United States Immigration and Customs Enforcement under Section |
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287(g), Immigration and Nationality Act (8 U.S.C. Section 1357) to |
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authorize officers and employees of the governmental entity to |
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enforce federal immigration law. |
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(b) An agreement entered into under this section must |
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include the scope, duration, and limitations of the authority. |
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SECTION 2. Subtitle F, Title 10, Government Code, is |
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amended by adding Chapter 2278 to read as follows: |
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CHAPTER 2278. PROHIBITED CONTRACTS OR AGREEMENTS WITH COMMON OR |
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CONTRACT CARRIERS |
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Sec. 2278.001. DEFINITION. In this chapter, "governmental |
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entity" means a state agency or a political subdivision of this |
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state. |
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Sec. 2278.002. PROHIBITED CONTRACT OR AGREEMENT WITH |
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PERSONS PROVIDING TRANSPORTATION SERVICES TO UNLAWFULLY PRESENT |
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PERSONS. A governmental entity may not enter into a contract or |
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other agreement with a common carrier or contract carrier if the |
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carrier knowingly provides any service in furtherance of |
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transporting a person who is unlawfully present in the United |
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States, according to the terms of the federal Immigration and |
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Nationality Act (8 U.S.C. Section 1101 et seq.), into this state, |
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unless the carrier is transporting the person to facilitate the |
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detention or removal of the person from this state or the United |
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States. |
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Sec. 2278.003. REQUIRED PROVISIONS RELATED TO |
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TRANSPORTATION OF UNLAWFULLY PRESENT PERSONS. A contract or |
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agreement between a governmental entity and a common carrier or |
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contract carrier must contain: |
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(1) a written verification from the carrier that the |
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carrier does not knowingly provide and will not knowingly provide |
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during the term of the contract or agreement any service in |
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furtherance of transporting a person who is unlawfully present in |
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the United States, according to the terms of the federal |
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Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.), |
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into this state, except to facilitate the detention or removal of |
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the person from this state or the United States; and |
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(2) a provision allowing the governmental entity to |
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terminate the contract or agreement without penalty if the carrier |
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is found to be in violation of the written verification under |
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Subdivision (1). |
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SECTION 3. Chapter 2278, Government Code, as added by this |
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Act, applies only to a contract or agreement entered into on or |
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after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |