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A BILL TO BE ENTITLED
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AN ACT
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relating to the ineligibility of certain governmental entities that |
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prohibit or discourage the enforcement of immigration laws to |
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participate in and receive funds from the major events |
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reimbursement program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 11, Local Government Code, is |
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amended by adding Chapter 364 to read as follows: |
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CHAPTER 364. ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS |
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Sec. 364.001. DEFINITIONS. In this chapter: |
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(1) "Immigration detainer" means a United States |
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Department of Homeland Security Form I-247 or a similar or |
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successor form that requests a local entity to maintain temporary |
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custody of an alien for the federal government. |
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(2) "Immigration laws" means the laws of this state or |
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federal law relating to immigrants or immigration, including the |
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federal Immigration and Nationality Act (8 U.S.C. Section 1101 et |
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seq.). |
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(3) "Lawful detention" means the detention of an |
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individual by a local entity for the investigation of a criminal |
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offense. The term excludes a detention if the sole reason for the |
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detention is that the individual: |
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(A) is a victim of or witness to a criminal |
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offense; or |
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(B) is reporting a criminal offense. |
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(4) "Local entity" means the governing body of a |
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municipality or county. |
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(5) "Policy" includes a formal, written rule, order, |
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ordinance, or policy and an informal, unwritten policy. |
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Sec. 364.002. LOCAL GOVERNMENT POLICY REGARDING |
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IMMIGRATION ENFORCEMENT. (a) A local entity shall not adopt, |
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enforce, or endorse a policy under which the entity prohibits or |
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discourages the enforcement of immigration laws. |
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(b) In compliance with Subsection (a), a local entity shall |
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not prohibit or discourage a person who is a commissioned peace |
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officer described by Article 2.12, Code of Criminal Procedure, a |
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corrections officer, a booking clerk, a magistrate, or a district |
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attorney, criminal district attorney, or other prosecuting |
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attorney and who is employed by or otherwise under the direction or |
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control of the entity from doing any of the following: |
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(1) inquiring into the immigration status of a person |
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under a lawful detention or under arrest; |
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(2) with respect to information relating to the |
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immigration status, lawful or unlawful, of any person under a |
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lawful detention or under arrest: |
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(A) sending the information to or requesting or |
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receiving the information from United States Citizenship and |
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Immigration Services or United States Immigration and Customs |
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Enforcement, including information regarding a person's place of |
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birth; |
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(B) maintaining the information; or |
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(C) exchanging the information with another |
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local entity or a federal or state governmental entity; |
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(3) assisting or cooperating with a federal |
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immigration officer as reasonable or necessary, including |
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providing enforcement assistance; or |
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(4) permitting a federal immigration officer to enter |
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and conduct enforcement activities at a municipal or county jail to |
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enforce federal immigration laws. |
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Sec. 364.003. DISCRIMINATION PROHIBITED. A local entity or |
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a person employed by or otherwise under the direction or control of |
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the entity may not consider race, color, language, or national |
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origin while enforcing immigration laws except to the extent |
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permitted by the United States Constitution or Texas Constitution. |
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Sec. 364.004. COMPLAINT; EQUITABLE RELIEF. (a) Any |
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person, including the federal government, may file a complaint with |
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the attorney general if the person offers evidence to support an |
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allegation that a local entity has adopted, enforced, or endorsed a |
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policy under which the entity prohibits or discourages the |
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enforcement of immigration laws or that the entity, by consistent |
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actions, prohibits or discourages the enforcement of those laws. |
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The person must include with the complaint the evidence the person |
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has that supports the complaint. |
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(b) A local entity for which the attorney general has |
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received a complaint under Subsection (a) shall comply with a |
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document request, including a request for supporting documents, |
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from the attorney general related to the complaint. |
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(c) If the attorney general determines that a complaint |
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filed under Subsection (a) against a local entity is valid, the |
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attorney general shall, not later than the 10th day after the date |
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of the determination, provide written notification to the entity: |
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(1) that the complaint has been filed; |
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(2) that the attorney general has determined that the |
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complaint is valid; |
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(3) that the attorney general is authorized to file an |
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action to enjoin the violation if the entity does not come into |
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compliance with the requirements of Section 364.002 on or before |
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the 90th day after the date the notification is provided; and |
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(4) if the local entity is the governing body of, or an |
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officer or employee of a municipality or county that the |
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municipality or county, as applicable, in which the local entity |
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governs or operates, or over which the local entity has |
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jurisdiction, will be ineligible from participation as an endorsing |
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municipality or endorsing county or from receipt of disbursements |
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from a fund described by Section 364.005(a) for a period of five |
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years beginning on the date a final judicial determination in an |
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action brought under Subsection (e) is made. |
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(d) Not later than the 30th day after the date a local entity |
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receives written notification under Subsection (c), the local |
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entity shall provide the attorney general with a copy of: |
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(1) the entity's written policies related to |
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immigration enforcement actions; |
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(2) each immigration detainer received by the entity |
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from the United States Department of Homeland Security; and |
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(3) each response sent by the entity for a detainer |
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described by Subdivision (2). |
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(e) If the attorney general determines that a complaint |
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filed under Subsection (a) against a local entity is valid, the |
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attorney general may file a petition for a writ of mandamus or apply |
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for other appropriate equitable relief in a district court in |
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Travis County or in a county in which the principal office of the |
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entity is located to compel the entity that adopts, enforces, or |
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endorses a policy under which the local entity prohibits or |
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discourages the enforcement of immigration laws or that, by |
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consistent actions, prohibits or discourages the enforcement of |
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those laws to comply with Section 364.002. The attorney general may |
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recover reasonable expenses incurred in obtaining relief under this |
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subsection, including court costs, reasonable attorney's fees, |
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investigative costs, witness fees, and deposition costs. |
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(f) An appeal of a suit brought under Subsection (e) is |
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governed by the procedures for accelerated appeals in civil cases |
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under the Texas Rules of Appellate Procedure. The appellate court |
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shall render its final order or judgment with the least possible |
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delay. |
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Sec. 364.005. PARTICIPATION IN OR DISBURSEMENTS FROM MAJOR |
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EVENTS REIMBURSEMENT PROGRAM PROHIBITED. (a) A municipality or |
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county may not participate as an endorsing municipality or |
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endorsing county under, and is ineligible for receipt of a |
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disbursement from a fund established under, Section 5A, Chapter |
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1507 (S.B. 456), Acts of the 76th Legislature, Regular Session, |
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1999 (Article 5190.14, Vernon's Texas Civil Statutes), if a final |
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judicial determination in the action is made that a local entity |
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governing or operating in, or with jurisdiction over, the |
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municipality or county, as applicable, has intentionally |
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prohibited or discouraged the enforcement of immigration laws or, |
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by consistent actions, prohibits or discourages the enforcement of |
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immigration laws. |
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(b) A municipality's or county's ineligibility from |
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participation as an endorsing municipality or endorsing county or |
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receipt of disbursements under Subsection (a) expires on the fifth |
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anniversary of the date the final judicial determination in the |
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action brought under Section 364.004 is made. |
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SECTION 2. Section 364.005, Local Government Code, as added |
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by this Act, applies only to a request to the Texas Economic |
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Development and Tourism Office submitted by an endorsing |
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municipality or endorsing county for receipt of a disbursement from |
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a fund established under Section 5A, Chapter 1507 (S.B. 456), Acts |
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of the 76th Legislature, Regular Session, 1999 (Article 5190.14, |
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Vernon's Texas Civil Statutes), on or after the effective date of |
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this Act. A request submitted by an endorsing municipality or |
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endorsing county before the effective date of this Act is governed |
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by the law in effect on the date the request is submitted, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |