| |
| |
|
|
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. |