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.