|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the enforcement of state and federal laws governing |
|
immigration and the duties of law enforcement agencies concerning |
|
arrested persons and certain persons lawfully detained. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|
amended by adding Articles 2.251 and 2.252 to read as follows: |
|
Art. 2.251. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. (a) A |
|
peace officer may not stop a motor vehicle or conduct a search of a |
|
business or residence solely to enforce a federal law relating to |
|
immigrants or immigration, including the federal Immigration and |
|
Nationality Act (8 U.S.C. Section 1101 et seq.), unless the officer |
|
is acting at the request of, and providing assistance to, an |
|
appropriate federal law enforcement officer. |
|
(b) A peace officer may not, without a warrant, arrest a |
|
person based solely on the person's suspected or alleged violation |
|
of a civil provision of a federal law relating to immigrants or |
|
immigration, including the federal Immigration and Nationality Act |
|
(8 U.S.C. Section 1101 et seq.). |
|
(c) A peace officer may arrest an undocumented person only |
|
if the officer is acting under the authority granted under Article |
|
2.13. |
|
Art. 2.252. VERIFICATION OF IMMIGRATION STATUS OF ARRESTED |
|
PERSONS AND CERTAIN PERSONS LAWFULLY DETAINED. (a) A law |
|
enforcement agency that has custody of an arrested person or of a |
|
person lawfully detained for the purpose of investigating whether |
|
the person committed a criminal offense shall verify the person's |
|
immigration status by using the federal Priority Enforcement |
|
Program operated by United States Immigration and Customs |
|
Enforcement or a successor program. |
|
(b) A law enforcement agency is not required to perform the |
|
duties imposed by Subsection (a) with respect to a person who is |
|
transferred to the custody of the agency by another law enforcement |
|
agency if the transferring agency performed those duties before |
|
transferring custody of the person. |
|
SECTION 2. Subtitle C, Title 11, Local Government Code, is |
|
amended by adding Chapter 364 to read as follows: |
|
CHAPTER 364. ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS |
|
Sec. 364.001. DEFINITIONS. In this chapter: |
|
(1) "Immigration laws" means the laws of this state or |
|
federal law relating to immigrants or immigration, including the |
|
federal Immigration and Nationality Act (8 U.S.C. Section 1101 et |
|
seq.). |
|
(2) "Local entity" means: |
|
(A) the governing body of a municipality, county, |
|
or special district or authority, subject to Sections 364.002(a) |
|
and (b); |
|
(B) an officer or employee of or a division, |
|
department, 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; and |
|
(C) a district attorney or criminal district |
|
attorney. |
|
Sec. 364.002. APPLICABILITY OF CHAPTER. (a) This chapter |
|
does not apply to a school district or open-enrollment charter |
|
school. This chapter does not apply to the release of information |
|
contained in education records of an educational agency or |
|
institution, except in conformity with the Family Educational |
|
Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). |
|
(b) This chapter does not apply to a hospital or hospital |
|
district. |
|
Sec. 364.003. LOCAL GOVERNMENT POLICY REGARDING |
|
IMMIGRATION ENFORCEMENT. (a) A local entity may not adopt a rule, |
|
order, ordinance, or policy under which the entity prohibits the |
|
enforcement of immigration laws. |
|
(b) In compliance with Subsection (a), a local entity may |
|
not prohibit a person who is employed by or otherwise under the |
|
direction or control of the entity from doing any of the following: |
|
(1) inquiring into the immigration status of an |
|
arrested person or of a person lawfully detained for the purpose of |
|
investigating whether the person committed a criminal offense; |
|
(2) with respect to information relating to the |
|
immigration status, lawful or unlawful, of any arrested person or |
|
of any person lawfully detained for the purpose of investigating |
|
whether the person committed a criminal offense: |
|
(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 a person's place of |
|
birth; |
|
(B) maintaining the information; or |
|
(C) exchanging the information with another |
|
local entity or a federal or state governmental entity; |
|
(3) assisting or cooperating with a federal |
|
immigration officer as reasonable and necessary, including |
|
providing enforcement assistance; or |
|
(4) permitting a federal immigration officer to enter |
|
and conduct enforcement activities at a municipal or county jail to |
|
enforce federal immigration laws. |
|
Sec. 364.004. DISCRIMINATION PROHIBITED. A local entity or |
|
a person employed by or otherwise under the direction or control of |
|
the entity may not consider race, color, language, or national |
|
origin while enforcing immigration laws. |
|
Sec. 364.005. COMPLAINT; EQUITABLE RELIEF. (a) Any |
|
citizen residing in the jurisdiction of a local entity or an |
|
employee of a local entity may file a complaint with the attorney |
|
general if the citizen or employee offers evidence to support an |
|
allegation that the entity has adopted a rule, order, ordinance, or |
|
policy under which the entity prohibits the enforcement of |
|
immigration laws or that the entity, by consistent actions, |
|
prohibits the enforcement of immigration laws. The citizen or |
|
employee must include with the complaint the evidence the citizen |
|
or employee has that supports the complaint. An employee may file a |
|
complaint anonymously. |
|
(b) A local entity may not retaliate against an employee for |
|
filing a complaint under Subsection (a). |
|
(c) If the attorney general determines that a complaint |
|
filed under Subsection (a) against a local entity is valid, the |
|
attorney general may file a petition for a writ of mandamus or apply |
|
for other appropriate equitable relief in a district court in |
|
Travis County or in a county in which the principal office of the |
|
entity is located to compel the entity to comply with Section |
|
364.003. 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. |
|
(d) An appeal of a suit brought under Subsection (c) is |
|
governed by the procedures for accelerated appeals in civil cases |
|
under the Texas Rules of Appellate Procedure. The appellate court |
|
shall render its final order or judgment with the least possible |
|
delay. |
|
Sec. 364.006. DENIAL OF STATE FUNDS. (a) A local entity |
|
may not receive state funds if the entity adopts a rule, order, |
|
ordinance, or policy under which the entity intentionally prohibits |
|
the enforcement of immigration laws or, by consistent actions, |
|
prohibits the enforcement of immigration laws. |
|
(b) State funds for a local entity shall be denied for the |
|
state fiscal year following the year in which a final judicial |
|
determination in an action brought under Section 364.005 is made |
|
that the entity has intentionally prohibited the enforcement of |
|
immigration laws or, by consistent actions, prohibited the |
|
enforcement of immigration laws. |
|
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, 2017. |