| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of certain local officials or a peace |
|
|
officer to inquire into the immigration status of certain persons. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|
|
amended by adding Article 2.251 to read as follows: |
|
|
Art. 2.251. IMMIGRATION STATUS INQUIRY BY CERTAIN LOCAL |
|
|
OFFICIALS. (a) A municipal attorney, county attorney, district |
|
|
attorney, criminal district attorney, or peace officer may inquire |
|
|
into the immigration status of any person under arrest or detained |
|
|
on other grounds if the attorney or officer has a reasonable |
|
|
suspicion to believe the person has violated a civil or criminal |
|
|
provision of the federal immigration laws. |
|
|
(b) If the attorney or officer has probable cause to believe |
|
|
the person has committed a violation described by Subsection (a), |
|
|
the attorney or officer may: |
|
|
(1) identify and report the person to United States |
|
|
Citizenship and Immigration Services; or |
|
|
(2) arrest or request the arrest of, as appropriate,
|
|
|
the person for the violation. |
|
|
(c) A public official or a state statute or local ordinance |
|
|
or regulation may not prohibit an attorney or officer as described |
|
|
by this article from exercising the authority granted under this |
|
|
article. |
|
|
SECTION 2. 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, 2007. |