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.