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A BILL TO BE ENTITLED
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AN ACT
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relating to a political subdivision's authority to use public money |
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in the provision of legal services for individuals unlawfully |
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present in the United States. |
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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. PROHIBITED IMMIGRATION ASSISTANCE |
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Sec. 752.101. DEFINITION. In this subchapter, |
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"governmental entity" means: |
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(1) a board, commission, council, department, or other |
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agency in the executive branch of state government that is created |
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by constitution or statute, including an institution of higher |
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education as defined by Section 61.003, Education Code; or |
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(2) a political subdivision of this state. |
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Sec. 752.102. PROHIBITION ON USE OF PUBLIC MONEY TO PROVIDE |
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LEGAL SERVICES FOR UNLAWFULLY PRESENT INDIVIDUALS. (a) Unless |
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required by the United States Constitution, a governmental entity |
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may not: |
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(1) provide public money, including a grant award, to |
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any person for the provision of legal services in a removal or other |
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immigration-related civil proceeding regarding an individual who |
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is unlawfully present in the United States according to the terms of |
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the federal Immigration and Nationality Act (8 U.S.C. Section 1101 |
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et seq.); or |
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(2) seek reimbursement from this state for an attorney |
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provided for a purpose described by Subdivision (1). |
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(b) This section does not prohibit a governmental entity |
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from providing an attorney to an indigent defendant entitled to |
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representation under Article 1.051, Code of Criminal Procedure. |
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SECTION 2. This Act takes effect September 1, 2025. |