By Brown                                               S.B. No. 279
       74R3329 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the identification of inmates of the Texas Department
    1-3  of Criminal Justice who are undocumented aliens.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 493, Government Code, is amended by
    1-6  adding Section 493.015 to read as follows:
    1-7        Sec. 493.015.  IDENTIFICATION OF DEPORTABLE ALIENS.  (a)  The
    1-8  department shall identify those inmates who are imprisoned in the
    1-9  institutional division or confined in a transfer facility, a state
   1-10  jail felony facility, or a county jail awaiting transfer to the
   1-11  institutional division and for whom the department is unable to
   1-12  reasonably ascertain United States citizenship.
   1-13        (b)  In attempting to ascertain whether an inmate is not a
   1-14  citizen of the United States, the department may take into account
   1-15  a statement of noncitizenship made to the department by the inmate
   1-16  or any information in the criminal history record information
   1-17  maintained on the inmate, including information developed in
   1-18  presentence investigation reports that may reflect place of birth,
   1-19  registration with the Social Security Administration, or work
   1-20  history.
   1-21        (c)  The department shall promptly notify the Immigration and
   1-22  Naturalization Service of any inmate determined by the department
   1-23  to be an undocumented alien and request the assistance of the
   1-24  Immigration and Naturalization Service in determining the
    2-1  citizenship of any inmate for whom the department cannot
    2-2  definitively determine United States citizenship.
    2-3        (d)  The department shall cooperate with the Immigration and
    2-4  Naturalization Service in implementing an efficient system for the
    2-5  deportation of undocumented aliens on completion of the inmates'
    2-6  sentences or release of the inmates on parole or mandatory
    2-7  supervision.  The department shall consider:
    2-8              (1)  designating facilities or units within the
    2-9  department as central locations to hold inmates who are
   2-10  undocumented aliens for the period immediately preceding release on
   2-11  parole or mandatory supervision; and
   2-12              (2)  providing two-way closed circuit communications
   2-13  systems and other technology that will assist the state and the
   2-14  federal government in ensuring the timely and efficient deportation
   2-15  of undocumented aliens on the release of those aliens from
   2-16  imprisonment or confinement under the authority of the department.
   2-17        SECTION 2.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended,
   2-22  and that this Act take effect and be in force from and after its
   2-23  passage, and it is so enacted.