82R1850 PAM-D
 
  By: Bohac H.B. No. 1375
 
 
 
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)  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)  The attorney general may file a petition for a writ of
  mandamus or apply for other appropriate equitable relief in a
  district court of a county in which the principal office of an
  entity described by Subsection (a) is located to compel the entity
  that adopts a rule, order, ordinance, or policy under which the
  local entity will not fully enforce the laws of this state or
  federal laws relating to Subsection (b)(2) or that, by consistent
  actions, fails to fully enforce the laws of this state or federal
  laws relating to Subsection (b)(2) to comply with Subsection
  (b)(2).  The attorney general may recover reasonable expenses
  incurred in obtaining relief under this subsection, including court
  costs, reasonable attorney's fees, investigative costs, witness
  fees, and deposition costs.
         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.