82S11020 MAW-D
 
  By: Solomons H.B. No. 11
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the duty of a local law enforcement agency to verify the
  immigration status of certain arrested persons by use of the
  federal Secure Communities program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.252 to read as follows:
         Art. 2.252.  VERIFICATION OF IMMIGRATION STATUS OF PERSON
  CHARGED WITH COMMITTING OFFENSE. (a)  A local law enforcement
  agency that has custody of a person who has been arrested and
  transported to a place of detention shall verify the immigration
  status of the person by use of the federal Secure Communities
  program operated by United States Immigration and Customs
  Enforcement or a successor program.
         (b)  A local law enforcement agency is not required to
  conduct an immigration status verification under Subsection (a) of
  a person who is transferred to the custody of the agency by another
  law enforcement agency if the transferring agency, before
  transferring custody of the person, conducted an immigration status
  verification under Subsection (a).
         SECTION 2.  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 on the 91st day after the last day of the
  legislative session.