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A BILL TO BE ENTITLED
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AN ACT
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relating to state and local activities concerning and enforcement |
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of federal immigration and custom laws. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 421.071, Government Code, is amended to |
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read as follows: |
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Sec. 421.071. COOPERATION AND ASSISTANCE; IMMIGRATION. (a) |
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A state or local agency that performs a homeland security activity |
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or a nongovernmental entity that contracts with a state or local |
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agency to perform a homeland security activity shall cooperate with |
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and assist the office of the governor, the Homeland Security |
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Council, the Texas Infrastructure Protection Communications |
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Center, and the National Infrastructure Protection Center in the |
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performance of their duties under this chapter and other state or |
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federal law. |
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(b) A local agency may not adopt a rule, policy, or |
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ordinance that limits or prohibits an agency official, employee, or |
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law enforcement officer from communicating or cooperating with |
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federal officials with regard to the immigration status of an |
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individual in this state. |
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(c) Notwithstanding any other provision of law, a state or |
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local agency in this state may not prohibit or in any way restrict |
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an agency official, employee, or law enforcement officer from: |
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(1) maintaining information regarding the citizenship |
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or immigration status of an individual; or |
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(2) sending to or receiving from the United States |
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Department of Homeland Security or any other governmental agency |
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the information described by Subdivision (1). |
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(d) A resident of this state may bring an action in a |
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district court alleging a violation of Subsection (b) or (c) to |
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compel a state or local agency to comply with Subsection (b) or (c) |
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or with 8 U.S.C. Section 1373. |
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SECTION 2. Subchapter Z, Chapter 421, Government Code, is |
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amended by adding Section 421.902 to read as follows: |
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Sec. 421.902. IMMIGRATION ENFORCEMENT. (a) Subject to |
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approval by the governor, the attorney general of this state shall |
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enter into an agreement under 8 U.S.C. Section 1357(g) with the |
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United States Office of the Attorney General or other appropriate |
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federal agency relating to the enforcement by this state of federal |
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immigration and customs laws in this state, including detentions, |
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removals, and investigations. |
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(b) The agreement entered into under Subsection (a) shall be |
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signed on behalf of this state by the attorney general of this state |
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and the governor or as otherwise required by the appropriate |
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federal agency. |
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SECTION 3. This Act takes effect September 1, 2009. |