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A BILL TO BE ENTITLED
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AN ACT
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relating to county and municipal cooperation with state and federal |
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immigration law enforcement and efforts to enhance international |
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border security. |
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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. STATE AND FEDERAL IMMIGRATION LAW ENFORCEMENT AND |
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ENHANCEMENT OF INTERNATIONAL BORDER SECURITY |
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Sec. 364.001. DEFINITIONS. In this chapter: |
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(1) "Immigration detainer request" means a United |
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States 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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Sec. 364.002. IMMIGRATION AND BORDER SECURITY ORDER OR |
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ORDINANCE REQUIRED; COMPTROLLER DATABASE. (a) The commissioners |
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court of each county and the governing body of each municipality in |
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this state shall: |
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(1) adopt and enforce an order or ordinance, as |
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appropriate, that requires the county or municipality to cooperate |
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with: |
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(A) state and federal law enforcement in |
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enforcing immigration laws; and |
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(B) for counties containing an international |
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border and municipalities located wholly or partly in those |
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counties, state and federal efforts to enhance international border |
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security; and |
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(2) submit a written copy of the order or ordinance to |
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the comptroller. |
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(b) The comptroller shall establish and maintain a database |
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of counties and municipalities that comply with this section. |
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Sec. 364.003. 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 county or municipality has failed to comply with |
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Section 364.002. The person must include with the complaint the |
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evidence the person has that supports the complaint. |
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(b) A county or municipality for which the attorney general |
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has 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 county or municipality is |
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valid, the attorney general shall, not later than the 10th day after |
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the date of the determination, provide written notification to the |
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county or municipality that: |
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(1) the complaint has been filed; |
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(2) the attorney general has determined that the |
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complaint is valid; |
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(3) the attorney general is authorized to file an |
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action to enjoin the violation if the county or municipality does |
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not come into compliance with the requirements of Section 364.002 |
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on or before the 90th day after the date the notification is |
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provided; and |
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(4) the authority of the county or municipality to |
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impose a sales or use tax will be suspended as provided by Section |
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364.004 if the county or municipality is finally determined under |
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Subsection (e) to have failed to adopt, submit to the comptroller, |
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or enforce an order or ordinance required by Section 364.002. |
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(d) Not later than the 30th day after the day a county or |
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municipality receives written notification under Subsection (c), |
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the county or municipality shall provide the attorney general with |
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a copy of: |
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(1) the county's or municipality's written policies |
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related to immigration enforcement actions and international |
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border security efforts, if applicable; |
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(2) each immigration detainer request received by the |
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county or municipality from the United States Department of |
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Homeland Security; and |
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(3) each response sent by the county or municipality |
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for a detainer request 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 county or municipality is |
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valid, the attorney general may file a petition for a writ of |
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mandamus or apply for other appropriate equitable relief in a |
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district court in Travis County or in a county in which the |
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principal office of the county or municipality is located to compel |
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the county or municipality that fails to comply with Section |
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364.002 to comply with that section. 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. 364.004. SUSPENSION OF AUTHORITY TO IMPOSE SALES AND |
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USE TAXES. (a) This section applies only to a county or |
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municipality that is finally determined in an action filed under |
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Section 364.003(e) to have failed to adopt, submit to the |
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comptroller, or enforce an order or ordinance required by Section |
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364.002. |
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(b) Notwithstanding any other provision of law, the |
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authority of a county or municipality to which this section applies |
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to impose a sales or use tax under Chapter 321 or 323, Tax Code, as |
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applicable, and any other sales or use tax the county or |
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municipality is otherwise authorized to impose is suspended, and |
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the tax may not be collected during the period prescribed by |
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Subsection (c). |
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(c) A suspension under Subsection (b) of the authority to |
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impose a sales or use tax is for a period of one year beginning on |
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the first day of the first calendar quarter that begins after the |
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30th day after the date a court issues the order or judgment making |
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the final determination described by Subsection (a). |
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(d) Notwithstanding a suspension of the authority of a |
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county or municipality to impose a sales or use tax under this |
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section, the tax continues during the suspension period to be |
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considered as being imposed for purposes of determining the |
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combined rate of all sales and use taxes imposed by all political |
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subdivisions having territory in the county or municipality. |
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(e) The comptroller may adopt rules necessary to implement |
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this section, including rules for providing notice of a suspension |
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of taxing authority under this section to retailers engaged in |
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business in the affected county or municipality. |
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SECTION 2. (a) Not later than October 1, 2017, the |
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commissioners court of each county in this state and the governing |
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body of each municipality in this state shall adopt an order or |
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ordinance described by Section 364.002, Local Government Code, as |
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added by this Act. |
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(b) Not later than January 1, 2018, the commissioners court |
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of each county in this state and the governing body of each |
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municipality in this state shall submit to the comptroller of |
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public accounts a copy of the order or ordinance adopted under |
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Section 364.002, Local Government Code, as added by this Act. |
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(c) Not later than December 1, 2018, the comptroller of |
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public accounts shall submit a written report to the legislature on |
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the counties and municipalities that have failed to adopt an order |
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or ordinance under Section 364.002, Local Government Code, as added |
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by this Act. |
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SECTION 3. (a) Except as provided by Subsection (b), this |
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Act takes effect September 1, 2017. |
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(b) Section 364.003, Local Government Code, as added by this |
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Act, takes effect November 1, 2017. |