81R74 KLA-D
 
  By: Berman H.B. No. 266
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to regulating the provision of benefits and services to,
  and the verification of the employment status of, immigrants and to
  enforcing laws relating to immigrants; providing civil and
  criminal penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. FINDINGS AND STATEMENT OF PUBLIC INTEREST
         SECTION 1.01.  The legislature finds that:
               (1)  illegal immigration is causing economic hardship
  and lawlessness in this state and is encouraged when an agency of
  this state or of a political subdivision of this state provides
  public benefits to a person without verifying the person's
  immigration status; and
               (2)  the harboring and sheltering of illegal
  immigrants, and the encouraging of illegal immigrants to reside in
  this state, through the practice of issuing an identification card
  to a person without verifying the person's immigration status:
                     (A)  impedes the enforcement of federal
  immigration laws;
                     (B)  undermines the security of our borders; and
                     (C)  impermissibly restricts the privileges and
  immunities of legal residents of this state.
         SECTION 1.02.  The legislature declares that it is a
  compelling public interest of this state to discourage illegal
  immigration by requiring each agency of this state and of a
  political subdivision of this state to cooperate fully with federal
  immigration authorities in enforcing federal immigration laws, and
  that additional actions are necessary to ensure the integrity of
  governmental programs and services in this state.
  ARTICLE 2. REQUIRED PARTICIPATION IN WORK ELIGIBILITY STATUS
  VERIFICATION SYSTEM; UNLAWFUL EMPLOYMENT PRACTICES
         SECTION 2.01.  Subtitle A, Title 6, Government Code, is
  amended by adding Chapter 619 to read as follows:
  CHAPTER 619.  VERIFICATION OF EMPLOYEE INFORMATION
         Sec. 619.001.  DEFINITIONS.  In this chapter:
               (1)  "Governmental entity" means:
                     (A)  the state;
                     (B)  a political subdivision of the state,
  including a municipality, a county, or any kind of district; or
                     (C)  an institution, board, commission, office,
  department, court, or other agency:
                           (i)  in the executive, judicial, or
  legislative branch of state government, including an institution of
  higher education as defined by Section 61.003, Education Code; or
                           (ii)  of a political subdivision of the
  state.
               (2)  "Status verification system" means:
                     (A)  the electronic verification of work
  authorization program of Section 403(a) of the federal Illegal
  Immigration Reform and Immigrant Responsibility Act of 1996 (Pub.
  L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
  operated by the United States Department of Homeland Security and
  known as the Basic Pilot Program or E-Verify; or
                     (B)  any other federal verification program
  designated by the United States Department of Homeland Security or
  any other federal agency authorized to verify the work eligibility
  status of newly hired employees under the federal Immigration
  Reform and Control Act of 1986 (Pub. L. No. 99-603).
         Sec. 619.002.  VERIFICATION.  A governmental entity shall
  register with and participate in a status verification system to
  verify the federal employment authorization status of all new
  employees.
         Sec. 619.003.  RULES.  The Texas Workforce Commission shall
  adopt rules and prescribe forms to implement this chapter. The
  Texas Workforce Commission shall publish the proposed and adopted
  rules on the commission's website as well as in the Texas Register.
         SECTION 2.02.  (a)  Chapter 2252, Government Code, is
  amended by adding Subchapter F to read as follows:
  SUBCHAPTER F.  STATUS VERIFICATION SYSTEM
         Sec. 2252.151.  DEFINITIONS.  In this chapter:
               (1)  "Governmental entity" means:
                     (A)  the state;
                     (B)  a political subdivision of the state,
  including a municipality, a county, or any kind of district; or
                     (C)  an institution, board, commission, office,
  department, court, or other agency:
                           (i)  in the executive, judicial, or
  legislative branch of state government, including an institution of
  higher education as defined by Section 61.003, Education Code; or
                           (ii)  of a political subdivision of the
  state.
               (2)  "Status verification system" means an electronic
  system operated by the federal government through which a
  governmental entity may make an inquiry, by exercise of authority
  delegated under 8 U.S.C. Section 1373, to verify or ascertain the
  citizenship or immigration status of an individual. The term
  includes:
                     (A)  the electronic verification of work
  authorization program of Section 403(a) of the federal Illegal
  Immigration Reform and Immigrant Responsibility Act of 1996 (Pub.
  L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
  operated by the United States Department of Homeland Security and
  known as the Basic Pilot Program or E-Verify;
                     (B)  any federal verification program designated
  by the United States Department of Homeland Security or any other
  federal agency authorized to verify the work eligibility status of
  newly hired employees under the federal Immigration Reform and
  Control Act of 1986 (Pub. L. No. 99-603);
                     (C)  any other independent, third-party system
  with an equal or higher degree of reliability as the other programs,
  systems, or processes described in this subdivision; and
                     (D)  the Social Security Number Verification
  Service or another similar online verification process implemented
  by the United States Social Security Administration.
               (3)  "Subcontractor" includes a contract employee and
  staffing agency.
         Sec. 2252.152.  VERIFICATION.  (a)  A governmental entity
  may not enter into a contract for the physical performance of
  services within this state with a contractor unless the contractor
  registers with and participates in a status verification system to
  verify the work eligibility status of all new employees.
         (b)  A contractor may not enter into a contract with a
  governmental entity for the physical performance of services in
  this state unless the contractor and all subcontractors under the
  contract register with and participate in a status verification
  system to verify the work eligibility status of all new employees.
         Sec. 2252.153.  RULES.  (a)  Except as provided by Subsection
  (b), the Texas Workforce Commission shall adopt rules and prescribe
  forms to implement this subchapter.  The Texas Workforce Commission
  shall publish the proposed and adopted rules on the commission's
  website as well as in the Texas Register.
         (b)  The Texas Department of Transportation shall adopt
  rules and prescribe forms relating to state highway contracts to
  implement this subchapter.  The Texas Department of Transportation
  shall publish the proposed and adopted rules on the department's
  website as well as in the Texas Register.
         (b)  Subchapter F, Chapter 2252, Government Code, as added by
  this section, applies only in relation to a contract or contract
  extension made on or after the effective date of this Act.
         SECTION 2.03.  (a)  Subchapter B, Chapter 21, Labor Code, is
  amended by adding Section 21.062 to read as follows:
         Sec. 21.062.  DISCRIMINATION BASED ON NATIONAL ORIGIN.  (a)  
  In this section:
               (1)  "Status verification system" has the meaning
  assigned by Section 619.001, Government Code.
               (2)  "Unauthorized alien" has the meaning assigned by 8
  U.S.C. Section 1324a(h)(3).
         (b)  An employer commits an unlawful employment practice if
  the employer discharges an employee working in this state who is a
  United States citizen or permanent resident alien while retaining
  an employee who the employer knows or reasonably should know is an
  unauthorized alien who is working in this state in a job category:
               (1)  that requires equal skill, effort, and
  responsibility as the job category held by the discharged employee;
  and
               (2)  under which work is performed in similar working
  conditions as in the job category held by the discharged employee.
         (c)  An employer who was enrolled in and used a status
  verification system to verify the employment eligibility of its
  employees in this state on the date of the discharge described by
  Subsection (b) is exempt from liability, investigation, or suit
  arising under this section.
         (d)  An employee discharged as described by Subsection (b)
  has a cause of action against the employer for violation of this
  section.
         (b)  Section 21.062, Labor Code, as added by this section,
  applies to conduct of an employer occurring on or after the
  effective date of this Act.  Conduct occurring before that date is
  governed by the law in effect on the date the conduct occurred, and
  the former law is continued in effect for that purpose.
  ARTICLE 3. PROVISION OF PUBLIC BENEFITS
         SECTION 3.01.  (a)  Subchapter Z, Chapter 51, Education
  Code, is amended by adding Section 51.954 to read as follows:
         Sec. 51.954.  STATE EDUCATIONAL BENEFITS:  LAWFUL PRESENCE
  IN UNITED STATES REQUIRED. (a) Notwithstanding any other
  provision of this title, except as authorized under Sections 54.052
  and 54.053, a person who is not lawfully present in the United
  States is not considered to be a resident of this state for purposes
  of:
               (1)  receiving from this state an educational benefit,
  including a scholarship or other financial aid, for use in
  attending a public or private institution of higher education; or
               (2)  determining the amount of tuition or fees charged
  to the person by a public institution of higher education.
         (b)  The Texas Higher Education Coordinating Board shall
  adopt rules as necessary to administer this section.
         (b)  Section 54.052, Education Code, is amended to read as
  follows:
         Sec. 54.052.  DETERMINATION OF RESIDENT STATUS.  (a)  
  Subject to the other applicable provisions of this subchapter
  governing the determination of resident status, the following
  persons are considered residents of this state for purposes of this
  title:
               (1)  a person who:
                     (A)  established a domicile in this state not
  later than one year before the census date of the academic term in
  which the person is enrolled in an institution of higher education;
  and
                     (B)  maintained that domicile continuously for
  the year preceding that census date; and
               (2)  a dependent whose parent:
                     (A)  established a domicile in this state not
  later than one year before the census date of the academic term in
  which the dependent is enrolled in an institution of higher
  education; and
                     (B)  maintained that domicile continuously for
  the year preceding that census date.
         (a-1)  The Texas Higher Education Coordinating Board may
  adopt rules as the board considers appropriate under which a person
  who enrolls as a first-time freshman in an institution of  higher
  education after the 2008-2009 academic year is considered to be a
  resident of this state for purposes of this title if the person:
               (1)  graduated from a public or private high school in
  this state;
               (2)  attended a public or private high school in this
  state for the two school years, or the equivalent number of
  semesters if the person did not graduate at the end of a school
  year, preceding the date of graduation;
               (3)  maintained a residence continuously in this state
  for:
                     (A)  the period prescribed by Subdivision (2); and
                     (B)  the year preceding the census date of the
  academic term in which the person is enrolled in an institution of
  higher education; and
               (4)  is a dependent and maintained that residence
  continuously with a parent of the person for the period prescribed
  by Subdivision (2).
         (a-2)  Subject to the other applicable provisions of this
  subchapter governing the determination of resident status, [; and
               [(3)]  a person who enrolled as a first-time freshman
  in an institution of higher education before the 2009-2010 academic
  year is considered to be a resident of this state for purposes of
  this title if the person:
               (1) [(A)]  graduated from a public or private high
  school in this state or received the equivalent of a high school
  diploma in this state; and
               (2) [(B)]  maintained a residence continuously in this
  state for:
                     (A) [(i)]  the three years preceding the date of
  graduation or receipt of the diploma equivalent, as applicable; and
                     (B) [(ii)]  the year preceding the census date of
  the academic term in which the person is enrolled in an institution
  of higher education.
         (b)  For purposes of this section, the domicile of a
  dependent's parent is presumed to be the domicile of the dependent
  unless the person establishes eligibility for resident status under
  Subsection (a-1) or (a-2) [(a)(3)].
         (c)  Section 54.053, Education Code, is amended to read as
  follows:
         Sec. 54.053.  INFORMATION REQUIRED TO ESTABLISH RESIDENT
  STATUS; EFFECT OF STATUS ON ELIGIBILITY FOR STATE FINANCIAL
  AID.  (a) A person must [shall] submit the following information
  to an institution of higher education to establish resident status
  under this subchapter:
               (1)  if the person applies for resident status under
  Section 54.052(a)(1):
                     (A)  a statement of the dates and length of time
  the person has resided in this state, as relevant to establish
  resident status under this subchapter; and
                     (B)  a statement by the person that the person's
  presence in this state for that period was for a purpose of
  establishing and maintaining a domicile;
               (2)  if the person applies for resident status under
  Section 54.052(a)(2):
                     (A)  a statement of the dates and length of time
  any parent of the person has resided in this state, as relevant to
  establish resident status under this subchapter; and
                     (B)  a statement by the parent or, if the parent is
  unable or unwilling to provide the statement, a statement by the
  person that the parent's presence in this state for that period was
  for a purpose of establishing and maintaining a domicile; or
               (3)  if the person applies for resident status under
  Section 54.052(a-1) or (a-2) [(a)(3)]:
                     (A)  a statement of the dates and length of time
  the person has resided in this state, as relevant to establish
  resident status under this subchapter; [and]
                     (B)  if the person is a dependent, a statement of
  the dates and length of time the person has resided in this state
  with a parent of the person, as relevant to establish resident
  status under this subchapter; and
                     (C)  except as permitted by Subsection (b),
  appropriate documentation that the person:
                           (i)  is a citizen of the United States or is
  otherwise lawfully present in the United States; or
                           (ii)  has filed an application or petition
  with the United States Citizenship and Immigration Services to
  legalize the person's immigration status.
         (b)  A person may substitute for the documentation required
  by Subsection (a)(3)(C) [not a citizen or permanent resident of the
  United States,] an affidavit stating that the person will apply or
  petition to legalize the person's immigration status when [become a
  permanent resident of the United States as soon as] the person
  becomes eligible to so apply or petition and that the person
  understands that for the purposes of this subsection the person
  must apply or petition on or before:
               (1)  the first anniversary of the date of the person's
  enrollment at the institution if a formal process exists for the
  person to apply or petition to legalize immigration status without
  risk of deportation; or
               (2)  the first anniversary of the date the United
  States Citizenship and Immigration Services provides such a process
  if Subdivision (1) does not apply to the person when the person
  applies for resident status.
         (c)  To retain resident status established in accordance
  with rules adopted under Section 54.052(a-1), a person who files an
  affidavit as permitted by Subsection (b) must submit to the
  institution of higher education, not later than the 30th day after
  the federal application or petition is filed, appropriate
  documentation that the person has timely filed an application or
  petition with the United States Citizenship and Immigration
  Services to legalize the person's immigration status.
         (d)  An institution of higher education shall maintain in a
  person's student records a copy of each document submitted by the
  person under this section.
         (e)  A person is not prohibited by Section 51.954 from
  receiving state financial aid, including a scholarship, if the
  person:
               (1)  is considered to be a resident of this state under
  Section 54.052; and
               (2)  submits the appropriate documentation required by
  Subsection (a)(3)(C)(i) or (ii).
         (d)  The Texas Higher Education Coordinating Board shall
  adopt any rules necessary under Section 51.954, Education Code, as
  added by this section, relating to requiring lawful presence in the
  United States as a condition for receiving state educational
  benefits and paying tuition and fees at resident rates, and any
  rules necessary to carry out the purposes of Sections 54.052 and
  54.053, Education Code, as amended by this section, relating to the
  establishment of resident status, as soon as practicable after the
  effective date of this Act. For that purpose, the coordinating
  board may adopt the initial rules in the manner provided by law for
  emergency rules.
         (e)  Section 51.954, Education Code, as added by this
  section, applies beginning with state educational benefits and
  tuition and fee rates for the 2009 fall semester.
         SECTION 3.02.  (a)  Title 10, Government Code, is amended by
  adding Subtitle H to read as follows:
  SUBTITLE H. PROVISION OF PUBLIC BENEFITS BY STATE AND LOCAL
  GOVERNMENTS
  CHAPTER 2351. VERIFICATION OF ELIGIBILITY FOR PUBLIC BENEFITS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 2351.001.  DEFINITIONS. In this chapter:
               (1)  "Federal public benefit" has the meaning assigned
  by 8 U.S.C. Section 1611.
               (2)  "Governmental entity" means an agency of this
  state or of a political subdivision of this state.
               (3)  "Public benefit" means a federal, state, or local
  public benefit.
               (4)  "State or local public benefit" has the meaning
  assigned by 8 U.S.C. Section 1621.
         Sec. 2351.002.  CONFLICTS WITH OTHER LAW.  To the extent of a
  conflict between this chapter and federal law, including the
  federal Deficit Reduction Act of 2005 (Pub. L. No. 109-171), the
  federal law prevails.
  [Sections 2351.003-2351.050 reserved for expansion]
  SUBCHAPTER B. VERIFICATION OF APPLICANTS' LEGAL PRESENCE AND
  ELIGIBILITY FOR PUBLIC BENEFITS
         Sec. 2351.051.  COMPLIANCE WITH SUBCHAPTER REQUIRED BEFORE
  PROVIDING PUBLIC BENEFITS. A governmental entity may not provide a
  public benefit to an individual until the governmental entity
  complies with this subchapter.
         Sec. 2351.052.  VERIFICATION OF LAWFUL PRESENCE OF APPLICANT
  FOR PUBLIC BENEFITS REQUIRED. (a) Except as provided by Section
  2351.053 or federal law, a governmental entity that administers a
  public benefit shall verify that an applicant for the public
  benefit who is 14 years of age or older is lawfully present in the
  United States.
         (b)  The governmental entity shall implement Subsection (a)
  without regard to the applicant's race, religion, gender,
  ethnicity, or national origin.
         (c)  As verification of the applicant's lawful presence in
  the United States, the applicant shall execute an affidavit before
  a notary swearing that the applicant is:
               (1)  a United States citizen or other United States
  national; or
               (2)  a qualified alien, as defined by 8 U.S.C. Section
  1641, and is lawfully present in the United States.
         (d)  The governmental entity shall provide free notary
  public services to an applicant for a public benefit for purposes of
  this section.
         Sec. 2351.053.  EXEMPTION FROM REQUIREMENT TO VERIFY LAWFUL
  PRESENCE OF CERTAIN APPLICANTS. A governmental entity is not
  required under Section 2351.052 to verify the lawful presence in
  the United States of an applicant if the applicant is applying for
  any of the following public benefits:
               (1)  a health care item or service that:
                     (A)  is necessary to treat an emergency medical
  condition, as defined by 42 U.S.C. Section 1396b(v)(3), of the
  applicant; and
                     (B)  is not related to an organ transplant
  procedure;
               (2)  short-term, noncash, in-kind emergency disaster
  relief;
               (3)  public health assistance for immunizations or for
  testing and treatment of a symptom of a communicable disease,
  regardless of whether the symptom is caused by a communicable
  disease;
               (4)  a program, service, or other assistance, including
  crisis counseling and intervention, short-term shelter, and
  assistance provided through a soup kitchen, that:
                     (A)  is specified by the United States attorney
  general in the attorney general's sole and unreviewable discretion
  after consultation with appropriate federal agencies;
                     (B)  delivers in-kind assistance at the community
  level, including through a public or private nonprofit agency;
                     (C)  does not condition the provision of
  assistance, the amount of assistance provided, or the cost of the
  assistance provided on the recipient's income or resources; and
                     (D)  is necessary for the protection of life or
  safety; or
               (5)  any other public benefit for which lawful presence
  in the United States is not required by:
                     (A)  a federal or state law or regulation; or
                     (B)  a local order or ordinance.
         Sec. 2351.054.  VERIFICATION OF ELIGIBILITY OF CERTAIN
  APPLICANTS FOR PUBLIC BENEFITS REQUIRED. (a)  A governmental
  entity shall verify the eligibility of an applicant for a public
  benefit who executes an affidavit under Section 2351.052 for that
  public benefit using:
               (1)  the Systematic Alien Verification for
  Entitlements (SAVE) program operated by the United States
  Department of Homeland Security; or
               (2)  an equivalent program designated by that
  department.
         (b)  A governmental entity shall presume that an applicant
  for a public benefit who executes an affidavit under Section
  2351.052 is lawfully present in the United States for purposes of
  this subchapter until the governmental entity verifies the
  applicant's eligibility in the manner required by Subsection (a).
         Sec. 2351.055.  ALTERNATE PROCEDURES FOR EFFICIENCY OR TO
  REDUCE HARDSHIP AUTHORIZED. A governmental entity may adopt rules
  that provide procedures that vary from the requirements of this
  subchapter if the governmental entity's procedures:
               (1)  demonstrably improve efficiency or reduce delay in
  verifying that an applicant is eligible for a public benefit, as
  compared to the requirements of this subchapter; or
               (2)  apply only for an applicant who is a legal resident
  of this state and with respect to whom the governmental entity
  determines that the requirements of this subchapter would impose an
  unusual hardship because of the applicant's circumstances.
  [Sections 2351.056-2351.100 reserved for expansion]
  SUBCHAPTER C. REPORTING REQUIREMENTS
         Sec. 2351.101.  REPORTING OF ERRORS AND DELAYS. (a) A
  governmental entity shall monitor the occurrence of errors made,
  and any significant delays caused, by the eligibility verification
  program used under Section 2351.054.
         (b)  Not later than December 1 of each year, the governmental
  entity shall submit a report to the United States Department of
  Homeland Security regarding the occurrence during the previous year
  of errors and delays described by Subsection (a). The report must
  include:
               (1)  a determination of whether the eligibility
  verification program is wrongfully denying public benefits to
  individuals who are lawfully present in the United States; and
               (2)  recommendations for ensuring that the errors and
  delays do not continue to occur.
         (c)  The governmental entity shall make the report submitted
  under Subsection (b) available to the public.
         Sec. 2351.102.  ANNUAL COMPLIANCE REPORT. Not later than
  December 1 of each year, each governmental entity that administers
  a state or local public benefit shall submit to the governor,
  lieutenant governor, and the speaker of the house of
  representatives a report regarding the governmental entity's
  compliance with this chapter.
  [Sections 2351.103-2351.150 reserved for expansion]
  SUBCHAPTER D. ENFORCEMENT
         Sec. 2351.151.  CRIMINAL PENALTY FOR FRAUDULENT AFFIDAVIT.
  (a) An individual commits an offense if the individual knowingly
  makes a false or otherwise fraudulent statement in an affidavit
  executed under Section 2351.052.
         (b)  An offense under this section is a state jail felony.
         (c)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section or the other law.
         Sec. 2351.152.  REPORTING OF FEDERAL CRIMINAL CONDUCT.  If
  an applicant for a public benefit submits to a governmental entity
  an affidavit executed under Section 2351.052 containing a statement
  that constitutes a false and wilful representation of United States
  citizenship under 18 U.S.C. Section 911, the governmental entity
  shall report that conduct to the United States attorney for the
  district in which the affidavit was submitted.
         (b)  Subtitle H, Title 10, Government Code, as added by this
  section, applies to an application for a federal, state, or local
  public benefit that is pending or filed on or after the effective
  date of this Act.
         (c)  If before implementing any provision of this section a
  state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
  ARTICLE 4. ENFORCEMENT OF FEDERAL IMMIGRATION LAWS AND OTHER LAWS
  RELATING TO IMMIGRANTS
         SECTION 4.01.  (a)  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.245 to read as follows:
         Art. 2.245.  SHERIFF OR OTHER OFFICER TO DETERMINE
  IMMIGRATION STATUS OF CERTAIN DEFENDANTS. (a) In this section,
  "intoxication offense" means an offense under Section 49.04, 49.05,
  49.06, or 49.065, Penal Code.
         (b)  The sheriff or any other officer in charge of a
  correctional facility in which a defendant is confined awaiting
  trial for a felony or an intoxication offense shall immediately, on
  receiving the defendant, make a reasonable effort to determine the
  defendant's citizenship status.
         (c)  If the sheriff or other officer has reason to believe
  the defendant is a foreign national, the sheriff or officer shall
  make a reasonable effort to verify that:
               (1)  the defendant has been lawfully admitted to the
  United States; and
               (2)  if lawfully admitted, the defendant's lawful
  status has not expired.
         (d)  If the sheriff or other officer cannot verify the
  defendant's immigration status under Subsection (c) from documents
  in the defendant's possession, the sheriff or other officer, not
  later than 48 hours after the defendant is received at the
  correctional facility, shall contact the Law Enforcement Support
  Center of the United States Department of Homeland Security, or
  other office or agency designated for that purpose by the
  Department of Homeland Security, to verify the defendant's
  immigration status.
         (e)  The sheriff or other officer shall notify the judge or
  magistrate authorized to grant or deny the defendant's release on
  bail under Chapter 17 and the Department of Homeland Security if the
  sheriff or officer determines that:
               (1)  the defendant was not lawfully admitted to the
  United States; or
               (2)  although lawfully admitted, the defendant's lawful
  status has expired.
         (f)  The Commission on Jail Standards shall prepare and issue
  guidelines and procedures to ensure compliance with this section.
         (b)  Chapter 17, Code of Criminal Procedure, is amended by
  adding Article 17.153 to read as follows:
         Art. 17.153.  BAIL FOR CERTAIN IMMIGRANTS. If under Article
  2.245 a sheriff or other officer notifies a judge or magistrate that
  a defendant was not lawfully admitted to the United States or that,
  although lawfully admitted, the defendant's lawful status has
  expired, there is a rebuttable presumption at any proceeding before
  the judge or magistrate concerning the defendant's release on bail
  that the defendant is at risk of flight.
         (c)  Article 2.245, Code of Criminal Procedure, as added by
  this section, applies only to a defendant admitted to a
  correctional facility on or after the effective date of this Act. A
  defendant admitted to a correctional facility before the effective
  date of this Act is covered by the law in effect on the date the
  defendant was admitted, and the former law is continued in effect
  for that purpose.
         SECTION 4.02.  Subchapter D, Chapter 411, Government Code,
  is amended by adding Section 411.0422 to read as follows:
         Sec. 411.0422.  FRAUDULENT IDENTIFICATION UNIT. (a) The
  director shall create a fraudulent identification unit to be
  operated by the department.
         (b)  The fraudulent identification unit shall investigate
  and arrest individuals determined to have committed offenses
  involving the production, sale, or distribution of fraudulent
  documents or instruments that purport to contain a person's
  identifying information. The unit shall primarily focus on the
  investigation of the production of fraudulent documents or
  instruments for use by individuals who are unlawfully present in
  this state.
         (c)  The department shall employ sufficient personnel to
  maintain efficient operation of the unit.
         SECTION 4.03.  Section 421.071, Government Code, is amended
  to read as follows:
         Sec. 421.071.  COOPERATION AND ASSISTANCE; IMMIGRATION. (a) 
  A state or local agency that performs a homeland security activity
  or a nongovernmental entity that contracts with a state or local
  agency to perform a homeland security activity shall cooperate with
  and assist the office of the governor, the Homeland Security
  Council, the Texas Infrastructure Protection Communications
  Center, and the National Infrastructure Protection Center in the
  performance of their duties under this chapter and other state or
  federal law.
         (b)  A local agency may not adopt a rule, policy, or
  ordinance that limits or prohibits an agency official, employee, or
  law enforcement officer from communicating or cooperating with
  federal officials with regard to the immigration status of an
  individual in this state.
         (c)  Notwithstanding any other provision of law, a state or
  local agency in this state may not prohibit or in any way restrict
  an agency official, employee, or law enforcement officer from:
               (1)  maintaining information regarding the citizenship
  or immigration status of an individual; or
               (2)  sending to or receiving from the United States
  Department of Homeland Security or any other governmental agency
  the information described by Subdivision (1).
         (d)  A resident of this state may bring an action in a
  district court alleging a violation of Subsection (b) or (c) to
  compel a state or local agency to comply with Subsection (b) or (c)
  or with 8 U.S.C. Section 1373.
         SECTION 4.04.  Subchapter Z, Chapter 421, Government Code,
  is amended by adding Section 421.902 to read as follows:
         Sec. 421.902.  IMMIGRATION ENFORCEMENT. (a) Subject to
  approval by the governor, the attorney general of this state shall
  enter into an agreement under 8 U.S.C. Section 1357(g) with the
  United States Office of the Attorney General or other appropriate
  federal agency relating to the enforcement by this state of federal
  immigration and customs laws in this state, including detentions,
  removals, and investigations.
         (b)  The agreement entered into under Subsection (a) shall be
  signed on behalf of this state by the attorney general of this state
  and the governor or as otherwise required by the appropriate
  federal agency.
         SECTION 4.05.  Chapter 20A, Penal Code, is amended by adding
  Section 20A.03 to read as follows:
         Sec. 20A.03.  UNLAWFUL TRANSPORT OR CONCEALMENT OF ILLEGAL
  ALIEN.  (a)  In this section, "illegal alien" means a person who:
               (1)  is not a citizen or national of the United States;
  and
               (2)  is unlawfully present in the United States
  according to the terms of 8 U.S.C. Section 1101 et seq.
         (b)  A person commits an offense if the person, with
  recklessness as to another person's status as an illegal alien:
               (1)  transports the illegal alien in furtherance of the
  alien's unlawful presence in the United States; or
               (2)  conceals the illegal alien from detection by
  local, state, or federal law enforcement authorities.
         (c)  An offense under this section is a state jail felony.
         (d)  If conduct constituting an offense under this section
  also constitutes an offense under another section of this code, the
  actor may be prosecuted under either section.
         (e)  It is an exception to the application of Subsection
  (b)(1) that the offense occurred in the provision of:
               (1)  a state or local public benefit described in 8
  U.S.C. Section 1621(b); or
               (2)  regulated public health services by a private
  charity using private funds.
  ARTICLE 5.  EFFECTIVE DATE
         SECTION 5.01.  This Act takes effect September 1, 2009.