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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of immigration laws. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 370.003, Local Government Code, is |
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amended to read as follows: |
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Sec. 370.003. MUNICIPAL OR COUNTY POLICY REGARDING |
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ENFORCEMENT OF STATE AND FEDERAL [DRUG] LAWS. The governing body of |
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a municipality, the commissioners court of a county, or a sheriff, |
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municipal police department, municipal attorney, county attorney, |
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district attorney, or criminal district attorney may not adopt a |
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policy under which the entity will not fully enforce the laws of |
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this state or federal law relating to: |
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(1) drugs, including Chapters 481 and 483, Health and |
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Safety Code; or |
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(2) immigrants or immigration, including the federal |
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Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.)[,
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and federal law]. |
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SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.251 to read as follows: |
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Art. 2.251. IMMIGRATION STATUS INQUIRY BY PEACE OFFICER. |
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(a) A peace officer may inquire into the immigration status of any |
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person under arrest or detained on other grounds if the officer has |
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a reasonable suspicion to believe the person has violated a civil or |
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criminal provision of the federal immigration laws. |
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(b) If a peace officer has probable cause to believe the |
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person has committed a violation described by Subsection (a), the |
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officer may: |
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(1) identify and report the person to United States |
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Citizenship and Immigration Services; or |
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(2) arrest the person for the violation. |
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(c) A public official or a state statute or local ordinance |
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or regulation may not prohibit a peace officer from exercising the |
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authority granted under this article. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |