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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 by local |
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governments. |
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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. (a) The governing |
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body of a municipality, the commissioners court of a county, or a |
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sheriff, municipal police department, municipal attorney, county |
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attorney, district attorney, or criminal district attorney may not |
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adopt a policy under which the entity will not fully enforce the |
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laws of 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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(b) If a municipality or county adopts a policy under which |
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the entity will not fully enforce the laws of this state or federal |
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laws relating to Subsection (a)(2) or, by consistent actions, fails |
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to fully enforce the laws of this state or federal laws relating to |
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Subsection (a)(2), the municipality or county may not receive: |
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(1) state funds; or |
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(2) federal funds distributed to local governmental |
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entities at the discretion of a state agency. |
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(c) Funds for the municipality or county shall be denied for |
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the fiscal year following the year in which the policy is adopted or |
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the determination is made that the entity has failed to fully |
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enforce the laws of this state or federal laws relating to |
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Subsection (a)(2). |
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(d) The Governor's Office of Budget and Planning shall adopt |
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rules to implement this subsection uniformly among the state |
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agencies from which funds are distributed to a municipality or |
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county. |
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SECTION 2. 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. |