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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of state and federal laws governing |
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immigration by certain governmental entities and the |
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administration of certain documentation of citizenship status and |
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other lawful admittance by the Department of Public Safety of the |
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State of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 370, Local Government Code, is amended |
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by adding Section 370.0031 to read as follows: |
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Sec. 370.0031. LOCAL GOVERNMENT POLICY REGARDING |
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ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS. (a) This |
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section applies to: |
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(1) the governing body of a municipality, county, or |
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special district or authority, except as provided by Subsections |
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(b) and (b-1); |
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(2) an officer, employee, or other body that is part of |
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a municipality, county, or special district or authority, including |
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a sheriff, municipal police department, municipal attorney, or |
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county attorney; and |
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(3) a district attorney or criminal district attorney. |
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(b) This section does not apply to a school district or |
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open-enrollment charter school or a junior college district. This |
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section does not apply to the release of information contained in |
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education records of an educational agency or institution, except |
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in conformity with the Family Educational Rights and Privacy Act of |
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1974, Section 513, Pub. L. No. 93-380 (20 U.S.C. Section 1232g). |
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(b-1) This section does not apply to a hospital or hospital |
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district. |
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(c) An entity described by Subsection (a) may not adopt a |
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rule, order, ordinance, or policy under which the entity prohibits |
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the enforcement of the laws of this state or federal law relating to |
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immigrants or immigration, including the federal Immigration and |
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Nationality Act (8 U.S.C. Section 1101 et seq.). |
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(d) In compliance with Subsection (c), an entity described |
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by Subsection (a) may not prohibit a person employed by or otherwise |
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under the direction or control of the entity from doing any of the |
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following: |
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(1) inquiring into the immigration status of a person |
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lawfully detained for the investigation of a criminal offense or |
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arrested; |
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(2) with respect to information relating to the |
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immigration status, lawful or unlawful, of any person lawfully |
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detained for the investigation of a criminal offense or arrested: |
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(A) sending the information to or requesting or |
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receiving the information from United States Citizenship and |
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Immigration Services or United States Immigration and Customs |
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Enforcement, including information regarding an individual's place |
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of birth; |
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(B) maintaining the information; or |
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(C) exchanging the information with another |
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federal, state, or local governmental entity; |
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(3) assisting or cooperating with a federal |
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immigration officer as reasonable and necessary, including |
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providing enforcement assistance; or |
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(4) permitting a federal immigration officer to enter |
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and conduct enforcement activities at a municipal or county jail to |
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enforce federal immigration laws. |
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(d-1) An entity described by Subsection (a) or a person |
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employed by or otherwise under the direction or control of the |
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entity may not consider race, color, language, or national origin |
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while enforcing the laws described by Subsection (c). |
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(e) An entity described by Subsection (a) may not receive |
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state grant funds if the entity adopts a rule, order, ordinance, or |
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policy under which the entity prohibits the enforcement of the laws |
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of this state or federal laws relating to Subsection (c) or, by |
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consistent actions, prohibits the enforcement of the laws of this |
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state or federal laws relating to Subsection (c). State grant funds |
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for the entity shall be denied for the fiscal year following the |
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year in which a final judicial determination in an action brought |
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under this section is made that the entity has intentionally |
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prohibited the enforcement of the laws of this state or federal laws |
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relating to Subsection (c). |
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(f) Any citizen residing in the jurisdiction of an entity |
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described by Subsection (a) may file a complaint with the attorney |
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general if the citizen offers evidence to support an allegation |
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that the entity has adopted a rule, order, ordinance, or policy |
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under which the entity prohibits the enforcement of the laws of this |
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state or federal laws relating to Subsection (c) or that, by |
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consistent actions, prohibits the enforcement of the laws of this |
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state or federal laws relating to Subsection (c). The citizen must |
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include with the complaint the evidence the citizen has that |
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supports the complaint. |
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(g) If the attorney general determines that a complaint |
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filed under Subsection (f) against an entity described by |
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Subsection (a) is valid, the attorney general may file a petition |
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for a writ of mandamus or apply for other appropriate equitable |
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relief in a district court in Travis County or in a county in which |
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the principal office of an entity described by Subsection (a) is |
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located to compel the entity that adopts a rule, order, ordinance, |
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or policy under which the local entity prohibits the enforcement of |
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the laws of this state or federal laws relating to Subsection (c) or |
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that, by consistent actions, prohibits the enforcement of the laws |
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of this state or federal laws relating to Subsection (c) to comply |
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with Subsection (c). The attorney general may recover reasonable |
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expenses incurred in obtaining relief under this subsection, |
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including court costs, reasonable attorney's fees, investigative |
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costs, witness fees, and deposition costs. |
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(h) An appeal of a suit brought under Subsection (g) is |
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governed by the procedures for accelerated appeals in civil cases |
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under the Texas Rules of Appellate Procedure. The appellate court |
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shall render its final order or judgment with the least possible |
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delay. |
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SECTION 2. The heading to Chapter 370, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL
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AND COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE |
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TYPE OF LOCAL GOVERNMENT |
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SECTION 3. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Articles 2.251 and 2.252 to read as follows: |
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Art. 2.251. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. (a) A |
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peace officer may not stop a motor vehicle or conduct a search of a |
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business or residence solely to enforce a federal law relating to |
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immigrants or immigration, including the federal Immigration and |
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Nationality Act (8 U.S.C. Section 1101 et seq.), unless the officer |
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is acting at the request of, and providing assistance to, an |
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appropriate federal law enforcement officer. |
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(b) A peace officer may not, without a warrant, arrest a |
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person based solely on the person's suspected or alleged violation |
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of a civil provision of a federal law relating to immigrants or |
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immigration, including the federal Immigration and Nationality Act |
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(8 U.S.C. Section 1101 et seq.). |
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(c) A peace officer may arrest an undocumented person only |
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if the officer is acting under the authority granted under Article |
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2.13. |
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Art. 2.252. VERIFICATION OF IMMIGRATION STATUS OF PERSON |
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CHARGED WITH COMMITTING OFFENSE. (a) A local law enforcement |
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agency that has custody of a person who has been arrested and |
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transported to a place of detention shall verify the immigration |
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status of the person by use of the federal Secure Communities |
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program operated by United States Immigration and Customs |
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Enforcement or a successor program. |
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(b) A local law enforcement agency is not required to |
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conduct an immigration status verification under Subsection (a) of |
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a person who is transferred to the custody of the agency by another |
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law enforcement agency if the transferring agency, before |
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transferring custody of the person, conducted an immigration status |
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verification under Subsection (a). |
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SECTION 4. Subchapter A, Chapter 521, Transportation Code, |
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is amended by adding Section 521.007 to read as follows: |
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Sec. 521.007. TEMPORARY VISITOR STATIONS. (a) The |
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department shall designate as temporary visitor stations certain |
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driver's license offices. |
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(b) A driver's license office designated as a temporary |
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visitor station under this section must have at least two staff |
|
members who have completed specialized training on the temporary |
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visitor issuance guide published by the department. |
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(c) A driver's license office designated as a temporary |
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visitor station shall provide information and assistance to other |
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driver's license offices in the state. |
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SECTION 5. Subsection (b), Section 521.041, Transportation |
|
Code, is amended to read as follows: |
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(b) The department shall maintain suitable indexes, in |
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alphabetical or numerical order, that contain: |
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(1) each denied application and the reasons for the |
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denial; |
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(2) each application that is granted; [and] |
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(3) the name of each license holder whose license has |
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been suspended, canceled, or revoked and the reasons for that |
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action; and |
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(4) the citizenship status of each holder of a license |
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or personal identification certificate. |
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SECTION 6. Section 521.101, Transportation Code, is amended |
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by adding Subsections (d-1), (f-2), and (f-3) and amending |
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Subsection (f) to read as follows: |
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(d-1) Unless the information has been previously provided |
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to the department, the department shall require each applicant for |
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an original, renewal, or duplicate personal identification |
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certificate to furnish to the department: |
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(1) proof of the applicant's United States |
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citizenship; or |
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(2) documentation described by Subsection (f-2). |
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(f) A personal identification certificate: |
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(1) for an applicant who is a citizen, national, or |
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legal permanent resident of the United States or a refugee or asylee |
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lawfully admitted into the United States: |
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(A) expires on a date specified by the department |
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if the applicant is younger than 60 years of age; or |
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(B) does not expire if the applicant is 60 years |
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of age or older; or |
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(2) for an applicant not described by Subdivision (1), |
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expires on: |
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(A) the earlier of: |
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(i) a date specified by the department; or |
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(ii) the expiration date of the applicant's |
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authorized stay in the United States; or |
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(B) the first anniversary of the date of |
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issuance, if there is no definite expiration date for the |
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applicant's authorized stay in the United States[, except that a
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certificate issued to a person 60 years of age or older does not
|
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expire]. |
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(f-2) An applicant who is not a citizen of the United States |
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must present to the department documentation issued by the |
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appropriate United States agency that authorizes the applicant to |
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be in the United States. |
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(f-3) The department may not issue a personal |
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identification certificate to an applicant who fails or refuses to |
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comply with Subsection (f-2). |
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SECTION 7. Section 521.103, Transportation Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) Sections 521.101(f-2) and (f-3) apply to a personal |
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identification certificate for which application is made under this |
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section. |
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SECTION 8. Subsections (a) and (e), Section 521.142, |
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Transportation Code, are amended to read as follows: |
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(a) An application for an original license must state the |
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applicant's full name and place and date of birth. This information |
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must be verified by presentation of proof of identity satisfactory |
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to the department. An applicant who is not a citizen of the United |
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States must present to the department documentation issued by the |
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appropriate United States agency that authorizes the applicant to |
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be in the United States before the applicant may be issued a |
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driver's license. The department must accept as satisfactory proof |
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of identity under this subsection an offender identification card |
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or similar form of identification issued to an inmate by the Texas |
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Department of Criminal Justice if the applicant also provides |
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supplemental verifiable records or documents that aid in |
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establishing identity. |
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(e) The application must include any other information the |
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department requires to determine the applicant's identity, |
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residency, competency, and eligibility as required by the |
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department or state law. |
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SECTION 9. Section 521.1425, Transportation Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) Except as provided by Subsections [Subsection] (b) and |
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(c), the department may require each applicant for an original, |
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renewal, or duplicate driver's license to furnish to the department |
|
the information required by Section 521.142. |
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(c) Unless the information has been previously provided to |
|
the department, the department shall require each applicant for an |
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original, renewal, or duplicate driver's license to furnish to the |
|
department: |
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(1) proof of the applicant's United States |
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citizenship; or |
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(2) documentation described by Section 521.142(a). |
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SECTION 10. Section 521.271, Transportation Code, is |
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amended by amending Subsections (a) and (b) and adding Subsections |
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(a-2), (a-3), and (a-4) to read as follows: |
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(a) Each original driver's license, [and] provisional |
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license, instruction permit, or occupational driver's license |
|
issued to an applicant who is a citizen, national, or legal |
|
permanent resident of the United States or a refugee or asylee |
|
lawfully admitted into the United States expires as follows: |
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(1) except as provided by Section 521.2711, a driver's |
|
license expires on the first birthday of the license holder |
|
occurring after the sixth anniversary of the date of the |
|
application; |
|
(2) a provisional license expires on the 18th |
|
birthday of the license holder; |
|
(3) an instruction permit expires on the 18th birthday |
|
of the license holder; |
|
(4) an occupational driver's license expires on the |
|
first anniversary of the court order granting the license; and |
|
(5) unless an earlier date is otherwise provided, a |
|
driver's license issued to a person whose residence or domicile is a |
|
correctional facility or a parole facility expires on the first |
|
birthday of the license holder occurring after the first |
|
anniversary of the date of issuance. |
|
(a-2) Each original driver's license issued to an applicant |
|
who is not a citizen, national, or legal permanent resident of the |
|
United States or a refugee or asylee lawfully admitted into the |
|
United States expires on: |
|
(1) the earlier of: |
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(A) the first birthday of the license holder |
|
occurring after the sixth anniversary of the date of the |
|
application; or |
|
(B) the expiration date of the license holder's |
|
lawful presence in the United States as determined by the |
|
appropriate United States agency in compliance with federal law; or |
|
(2) the first anniversary of the date of issuance, if |
|
there is no definite expiration date for the applicant's authorized |
|
stay in the United States. |
|
(a-3) Each original provisional license or instruction |
|
permit issued to an applicant who is not a citizen, national, or |
|
legal permanent resident of the United States or a refugee or asylee |
|
lawfully admitted into the United States expires on the earliest |
|
of: |
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(1) the 18th birthday of the license holder; |
|
(2) the first birthday of the license holder occurring |
|
after the date of the application; or |
|
(3) the expiration of the license holder's lawful |
|
presence in the United States as determined by the United States |
|
agency responsible for citizenship and immigration in compliance |
|
with federal law. |
|
(a-4) Each original occupational driver's license issued to |
|
an applicant who is not a citizen, national, or legal permanent |
|
resident of the United States or a refugee or asylee lawfully |
|
admitted into the United States expires on the earlier of: |
|
(1) the first anniversary of the date of issuance; or |
|
(2) the expiration of the license holder's lawful |
|
presence in the United States as determined by the appropriate |
|
United States agency in compliance with federal law. |
|
(b) Except as provided by Section 521.2711, a driver's |
|
license that is renewed expires on the earlier of: |
|
(1) the sixth anniversary of the expiration date |
|
before renewal if the applicant is a citizen, national, or legal |
|
permanent resident of the United States or a refugee or asylee |
|
lawfully admitted into the United States; |
|
(1-a) for an applicant not described by Subdivision |
|
(1): |
|
(A) the earlier of: |
|
(i) the sixth anniversary of the expiration |
|
date before renewal; or |
|
(ii) the expiration date of the applicant's |
|
authorized stay in the United States; or |
|
(B) the first anniversary of the date of |
|
issuance, if there is no definite expiration date for the |
|
applicant's authorized stay in the United States; or |
|
(2) for a renewal driver's license issued to a person |
|
whose residence or domicile is a correctional facility or a parole |
|
facility, the first birthday of the license holder occurring after |
|
the first anniversary of the date of issuance unless an earlier date |
|
is otherwise provided. |
|
SECTION 11. Section 521.2711, Transportation Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) Notwithstanding Subsections (a) and (b), an original or |
|
renewal driver's license issued to an applicant who is 85 years of |
|
age or older and not a citizen, national, or legal permanent |
|
resident of the United States or a refugee or asylee lawfully |
|
admitted into the United States expires on: |
|
(1) the earlier of: |
|
(A) the second anniversary of the expiration date |
|
before renewal; or |
|
(B) the expiration date of the applicant's |
|
authorized stay in the United States; or |
|
(2) the first anniversary of the date of issuance if |
|
there is no definite expiration date for the applicant's authorized |
|
stay in the United States. |
|
SECTION 12. Section 521.272, Transportation Code, is |
|
amended by amending Subsection (c) and adding Subsection (d) to |
|
read as follows: |
|
(c) Notwithstanding Sections [Section] 521.271 and |
|
521.2711, a driver's license issued under this section, including a |
|
renewal, duplicate, or corrected license, expires: |
|
(1) if the license holder is a citizen, national, or |
|
legal permanent resident of the United States or a refugee or asylee |
|
lawfully admitted into the United States, on the first birthday of |
|
the license holder occurring after the date of application, except |
|
that the initial license issued under this section expires on the |
|
second birthday of the license holder occurring after the date of |
|
application; or |
|
(2) if the applicant is not described by Subdivision |
|
(1), on the earlier of: |
|
(A) the expiration date of the applicant's |
|
authorized stay in the United States; or |
|
(B) the first birthday of the license holder |
|
occurring after the date of application, except that the initial |
|
license issued under this section expires on the second birthday of |
|
the license holder occurring after the date of application. |
|
(d) Subsection (c) [This subsection] does not apply to: |
|
(1) a provisional license; |
|
(2) an instruction permit issued under Section |
|
521.222; or |
|
(3) a hardship license issued under Section 521.223. |
|
SECTION 13. Section 521.421, Transportation Code, is |
|
amended by adding Subsection (a-3) to read as follows: |
|
(a-3) Except as provided by Subsections (a-1) and (a-2), the |
|
fee for a driver's license or personal identification certificate |
|
that is issued to a person who is not a citizen, national, or legal |
|
permanent resident of the United States or a refugee or asylee |
|
lawfully admitted into the United States and that is valid for not |
|
more than one year is $24. |
|
SECTION 14. Subsection (b), Section 522.033, |
|
Transportation Code, is amended to read as follows: |
|
(b) Notwithstanding Section 522.051, a commercial driver's |
|
license or commercial driver learner's permit issued under this |
|
section, including a renewal, duplicate, or corrected license, |
|
expires: |
|
(1) if the license or permit holder is a citizen, |
|
national, or legal permanent resident of the United States or a |
|
refugee or asylee lawfully admitted into the United States, on the |
|
first birthday of the license holder occurring after the date of |
|
application, except that the initial license issued under this |
|
section expires on the second birthday of the license holder |
|
occurring after the date of application; or |
|
(2) if the applicant is not described by Subdivision |
|
(1), on the earlier of: |
|
(A) the expiration date of the applicant's |
|
authorized stay in the United States; or |
|
(B) the first birthday of the license holder |
|
occurring after the date of application, except that the initial |
|
license issued under this section expires on the second birthday of |
|
the license holder occurring after the date of application. |
|
SECTION 15. Section 522.052, Transportation Code, is |
|
amended by adding Subsection (i) to read as follows: |
|
(i) Unless the information has been previously provided to |
|
the department, the department shall require each applicant for a |
|
renewal or duplicate commercial driver's license to furnish to the |
|
department: |
|
(1) proof of the applicant's United States |
|
citizenship; or |
|
(2) documentation described by Section 521.142(a). |
|
SECTION 16. Not later than January 1, 2013, the Department |
|
of Public Safety of the State of Texas shall submit to the |
|
legislature a report evaluating the effectiveness of the temporary |
|
visitor stations established under Section 521.007, Transportation |
|
Code, as added by this Act. |
|
SECTION 17. The changes in law made by this Act to Chapters |
|
521 and 522, Transportation Code, apply only to a driver's license, |
|
personal identification certificate, commercial driver's license, |
|
or commercial driver learner's permit issued, reissued, |
|
reinstated, or renewed on or after the effective date of this Act. |
|
A driver's license, personal identification certificate, |
|
commercial driver's license, or commercial driver learner's permit |
|
issued, reissued, reinstated, or renewed before the effective date |
|
of this Act is governed by the law in effect when the license, |
|
certificate, or permit was issued, reissued, reinstated, or |
|
renewed, and the former law is continued in effect for that purpose. |
|
SECTION 18. 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. |