86R9329 ADM-D
 
  By: Bernal H.B. No. 1795
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the enforcement by certain entities of state and
  federal immigration laws with respect to persons younger than 18
  years of age.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 2.251, Code of Criminal Procedure, is
  amended by adding Subsection (c) to read as follows:
         (c)  A law enforcement agency is not required to perform a
  duty imposed by Subsection (a) with respect to a person who is
  younger than 18 years of age.
         SECTION 2.  Section 752.053(b), Government Code, is amended
  to read as follows:
         (b)  In compliance with Subsection (a), a local entity or
  campus police department may not prohibit or materially limit a
  person who is a commissioned peace officer described by Article
  2.12, Code of Criminal Procedure, a corrections officer, a booking
  clerk, a magistrate, or a district attorney, criminal district
  attorney, or other prosecuting attorney and who is employed by or
  otherwise under the direction or control of the entity or
  department from doing any of the following:
               (1)  inquiring into the immigration status of a person
  who is 18 years of age or older and is under a lawful detention or
  under arrest;
               (2)  with respect to information relating to the
  immigration status, lawful or unlawful, of any person who is 18
  years of age or older and is under a lawful detention or under
  arrest, including information regarding the person's place of
  birth:
                     (A)  sending the information to or requesting or
  receiving the information from United States Citizenship and
  Immigration Services, United States Immigration and Customs
  Enforcement, or another relevant federal agency;
                     (B)  maintaining the information; or
                     (C)  exchanging the information with another
  local entity or campus police department or a federal or state
  governmental entity;
               (3)  assisting or cooperating with a federal
  immigration officer as reasonable or necessary, including
  providing enforcement assistance; or
               (4)  permitting a federal immigration officer to enter
  and conduct enforcement activities at a jail to enforce federal
  immigration laws.
         SECTION 3.  Section 39.07, Penal Code, is amended by adding
  Subsection (d) to read as follows:
         (d)  It is an exception to the application of this section
  that the person who was subject to an immigration detainer request
  described by Subsection (a)(1) was, at the time the detainer
  request was received, younger than 18 years of age.
         SECTION 4.  The change in law made by this Act in amending
  Section 39.07, Penal Code, applies only to an offense committed on
  or after the effective date of this Act. An offense committed
  before the effective date of this Act is governed by the law in
  effect on the date the offense was committed, and the former law is
  continued in effect for that purpose. For purposes of this section,
  an offense was committed before the effective date of this Act if
  any element of the offense occurred before that date.
         SECTION 5.  This Act takes effect September 1, 2019.