82R1391 PAM-D
 
  By: Berman H.B. No. 302
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the enforcement of state and federal laws governing
  immigration by certain governmental entities; providing a civil
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 370.003, Local Government Code, is
  amended to read as follows:
         Sec. 370.003.  LOCAL GOVERNMENT [MUNICIPAL OR COUNTY] POLICY
  REGARDING ENFORCEMENT OF STATE AND FEDERAL [DRUG] LAWS. (a) This
  section applies to:
               (1)  the [The] governing body of a municipality, [the
  commissioners court of a] county, or special district or authority;
               (2)  an officer, employee, or other body that is part of
  a municipality, county, or special district or authority, including
  a sheriff, municipal police department, municipal attorney, or
  county attorney; or
               (3)  a[,] district attorney[,] or criminal district
  attorney.
         (b)  An entity described by Subsection (a) may not adopt a
  policy under which the entity will not fully enforce the laws of
  this state or federal law, including laws relating to:
               (1)  drugs, including Chapters 481 and 483, Health and
  Safety Code; and
               (2)  immigrants or immigration, including the federal
  Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.)[,
  and federal law].
         (c)  In compliance with Subsection (b)(2), an entity
  described by Subsection (a) may not prohibit or in any manner
  restrict a person employed by or otherwise under the direction or
  control of the entity from doing any of the following:
               (1)  with respect to information relating to the
  immigration status, lawful or unlawful, of any individual:
                     (A)  sending the information to or requesting or
  receiving the information from United States Citizenship and
  Immigration Services or United States Immigration and Customs
  Enforcement, including information regarding an individual's place
  of birth;
                     (B)  maintaining the information; or
                     (C)  exchanging the information with another
  federal, state, or local governmental entity;
               (2)  assisting or cooperating with a federal
  immigration officer as reasonable and necessary, including
  providing enforcement assistance; or
               (3)  permitting a federal immigration officer to enter
  and conduct enforcement activities at a municipal or county jail to
  enforce federal immigration laws.
         (d)  An entity described by Subsection (a) may not receive
  state grant funds if the entity adopts a rule, order, ordinance, or
  policy under which the entity will not fully enforce the laws of
  this state or federal laws relating to Subsection (b)(2) or, by
  consistent actions, fails to fully enforce the laws of this state or
  federal laws relating to Subsection (b)(2). State grant funds for
  the entity shall be denied for the fiscal year following the year in
  which the rule, order, ordinance, or policy is adopted or the
  determination is made that the entity has intentionally failed to
  fully enforce the laws of this state or federal laws relating to
  Subsection (b)(2). The Governor's Office of Budget, Planning, and
  Policy shall adopt rules to implement this subsection uniformly
  among the state agencies from which state grant funds are
  distributed to an entity.
         (e)  Any citizen residing in the jurisdiction of an entity
  described by Subsection (a) that allegedly adopts a rule, order,
  ordinance, or policy under which the entity will not fully enforce
  the laws of this state or federal laws relating to Subsection (b)(2)
  or, by consistent actions, fails to fully enforce the laws of this
  state or federal laws relating to Subsection (b)(2) may file a
  petition in a district court of a county in which the principal
  office of the entity is located for a writ of mandamus to compel
  compliance with Subsection (b)(2).
         (f)  An elected official of an entity described by Subsection
  (a) who violates Subsection (b)(2) or (c) is liable to the state for
  a civil penalty in an amount of not less than $1,000 or more than
  $5,000. The attorney general may recover a penalty under this
  subsection in a suit brought on behalf of the state. Money collected
  under this subsection shall be paid to the comptroller for deposit
  in the general revenue fund.
         SECTION 2.  The heading to Chapter 370, Local Government
  Code, is amended to read as follows:
  CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL
  AND COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE
  TYPE OF LOCAL GOVERNMENT
         SECTION 3.  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 September 1, 2011.