82R3853 MXM-D
 
  By: Elkins H.B. No. 838
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the enforcement of state and federal laws governing
  immigration by certain governmental entities.
         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)  In
  this section, "additional sales and use tax" has the meaning
  assigned by Section 26.012, Tax Code.
         (b)  This section applies to:
               (1)  the [The] governing body of a municipality, [the
  commissioners court of a] county, special district, or other
  political subdivision of this state;
               (2)  an officer, employee, or other body that is part of
  a municipality, county, special district, or other political
  subdivision of this state, including a sheriff, municipal police
  department, municipal attorney, or county attorney; or
               (3)  a [,] district attorney[,] or criminal district
  attorney.
         (c)  An entity described by Subsection (b) may not adopt a
  rule, order, ordinance, resolution, or 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].
         (d)  In compliance with Subsection (c)(2), an entity
  described by Subsection (b) 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.
         (e)  An entity described by Subsection (b) may not receive
  state money, retain unexpended state money, or impose a tax other
  than a property or additional sales and use tax if the entity adopts
  a rule, order, ordinance, resolution, or policy under which the
  entity will not fully enforce laws described by Subsection (c)(2)
  or, by consistent actions, fails to fully enforce those laws.
         (f)  If the attorney general determines that an entity
  described by Subsection (b) is ineligible to retain state money or
  impose a tax as provided by Subsection (e), the attorney general
  shall notify the entity and the comptroller of that determination
  and the entity shall promptly stop imposing taxes other than
  property or additional sales and use taxes and forfeit and repay to
  the state all unexpended state money held by the entity. The
  attorney general shall stay the prohibition on imposing a tax and
  the duty to repay pending the outcome of an appeal under Subsection
  (g).
         (g)  Not later than the 21st day after the date of receiving
  notice of the determination, an entity may appeal a determination
  under Subsection (f) to a Travis County district court.
         (h)  An entity described by Subsection (b) that is determined
  ineligible to retain state money as provided by Subsections (f) and
  (g) is denied state money for each fiscal year:
               (1)  following the year in which the rule, order,
  ordinance, resolution, or policy is adopted or the determination is
  made that the entity has intentionally failed to fully enforce laws
  described by Subsection (c)(2); and
               (2)  during which the rule, order, ordinance,
  resolution, or policy that resulted in the determination remains in
  effect or the failure to enforce that resulted in the determination
  continues.
         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.