82R2094 PAM-D

By: Patrick S.B. No. 124

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) An entity described by Subsection (a) is liable to the state for a civil penalty 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). The amount of a penalty imposed under this subsection is $10,000 for each day of the violation. The attorney general may recover a penalty under this subsection in a suit brought on behalf of the state. The prevailing party in an action brought under this subsection may recover court costs and reasonable attorney's fees. A penalty collected under this subsection shall be paid to the comptroller for deposit in the general revenue fund.

(f) 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 apply for appropriate equitable relief in a district court of a county in which the principal office of the entity is located to compel compliance with Subsection (b)(2).

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.