| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the enforcement of state and federal laws by certain |
|
|
governmental entities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 4, Government Code, is amended by adding |
|
|
Subtitle Z to read as follows: |
|
|
SUBTITLE Z. MISCELLANEOUS PROVISIONS |
|
|
CHAPTER 541. GENERAL STATE POLICIES |
|
|
Sec. 541.001. STATE POLICY REGARDING ENFORCEMENT OF STATE |
|
|
AND FEDERAL LAWS. (a) In this section, "state agency" means: |
|
|
(1) a board, commission, department, institution, |
|
|
office, or other agency in the executive branch of state |
|
|
government; |
|
|
(2) the legislature or a legislative agency; or |
|
|
(3) the supreme court, the court of criminal appeals, |
|
|
a court of appeals, or a state judicial agency. |
|
|
(b) The governing body of a state agency or an officer, |
|
|
employee, or other body that is part of a state agency may not adopt |
|
|
a rule or policy under which the agency will not fully enforce the |
|
|
laws of this state or federal law, including laws relating to |
|
|
immigrants or immigration such as the federal Immigration and |
|
|
Nationality Act (8 U.S.C. Section 1101 et seq.). |
|
|
Sec. 541.002. STATE FUNDING PROHIBITED FOR FAILURE TO |
|
|
ENFORCE LAWS. (a) A state agency may not adopt a rule or policy |
|
|
under which the state agency will not fully enforce the laws of this |
|
|
state or federal laws relating to immigrants or immigration, |
|
|
including the federal Immigration and Nationality Act (8 U.S.C. |
|
|
Section 1101 et seq.), or, by consistent actions, fails to fully |
|
|
enforce the laws of this state or federal laws relating to |
|
|
immigrants or immigration, including the federal Immigration and |
|
|
Nationality Act (8 U.S.C. Section 1101 et seq.). |
|
|
(b) If the staff of the office of the attorney general |
|
|
determines that the state agency has intentionally violated |
|
|
Subsection (a), the state agency shall promptly forfeit or repay |
|
|
the appropriate entity all funds granted to the state agency for the |
|
|
purposes related to immigrants or immigration, including the |
|
|
federal Immigration and Nationality Act (8 U.S.C. Section 1101 et |
|
|
seq.). The attorney general may stay the duty to repay pending the |
|
|
outcome of any appeal under Subsection (c). |
|
|
(c) Not later than the 21st day after the date of receiving a |
|
|
notice of the determination, a state agency may appeal a |
|
|
determination under Subsection (b) to the attorney general. An |
|
|
appeal under this subsection is a contested case under Chapter |
|
|
2001. An administrative law judge employed by the State Office of |
|
|
Administrative Hearings shall conduct the contested case hearing. |
|
|
SECTION 2. Section 370.003, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 370.003. LOCAL GOVERNMENT [MUNICIPAL OR COUNTY] POLICY |
|
|
REGARDING ENFORCEMENT OF STATE AND FEDERAL [DRUG] LAWS. (a) The |
|
|
governing body of a municipality, [the commissioners court of a] |
|
|
county, or special district or authority, or an officer, employee, |
|
|
or other body that is part of a municipality, county, or special |
|
|
district or authority, including a sheriff, municipal police |
|
|
department, municipal attorney, county attorney, district |
|
|
attorney, or criminal district attorney, may not adopt a policy |
|
|
under which the entity will not fully enforce the laws of this state |
|
|
or federal law, including laws relating to: |
|
|
(1) drugs, including Chapters 481 and 483, Health and |
|
|
Safety Code; and |
|
|
(2) immigrants or immigration, including the federal |
|
|
Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.)[,
|
|
|
and federal law]. |
|
|
(b) A local entity described by Subsection (a) may not |
|
|
receive state funds if the local entity adopts a rule, order, |
|
|
ordinance, or policy under which the local entity will not fully |
|
|
enforce the laws of this state or federal laws relating to |
|
|
Subsection (a)(2) or, by consistent actions, fails to fully enforce |
|
|
the laws of this state or federal laws relating to Subsection |
|
|
(a)(2). State funds for the local entity shall be denied for the |
|
|
fiscal year following the year in which the rule, order, ordinance, |
|
|
or policy is adopted or the determination is made that the entity |
|
|
has intentionally failed to fully enforce the laws of this state or |
|
|
federal laws relating to Subsection (a)(2). The Governor's Office |
|
|
of Budget, Planning, and Policy shall adopt rules to implement this |
|
|
subsection uniformly among the state agencies from which state |
|
|
funds are distributed to a local entity. |
|
|
SECTION 3. The heading to Chapter 370, Local Government |
|
|
Code, is amended to read as follows: |
|
|
CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
|
|
|
COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE TYPE OF |
|
|
LOCAL GOVERNMENT |
|
|
SECTION 4. 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, 2009. |