81R313 MTB-D

By: Howard of Fort Bend H.B. No. 4487

A BILL TO BE ENTITLED

AN ACT

relating to state and local activities concerning and enforcement of federal immigration and custom laws.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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 2. 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 3. This Act takes effect September 1, 2009.