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A BILL TO BE ENTITLED
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AN ACT
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relating to the inquiry of immigration status of a person under a |
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lawful detention by certain persons under the direction or control |
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of a local governmental entity or campus police department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 752.053(b), Government Code, is amended |
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to read as follows: |
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(b) In compliance with Subsection (a), a local entity or |
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campus police department may not prohibit or materially limit a |
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person who is a commissioned peace officer described by Article |
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2.12, Code of Criminal Procedure, a corrections officer, a booking |
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clerk, a magistrate, or a district attorney, criminal district |
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attorney, or other prosecuting attorney and who is employed by or |
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otherwise under the direction or control of the entity or |
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department 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, including information regarding |
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the person's place of birth: |
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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, United States Immigration and Customs |
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Enforcement, or another relevant federal agency; |
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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 campus police department or a federal or state |
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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 jail to enforce federal |
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immigration laws. |
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SECTION 2. Section 752.051(4), Government Code, is |
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repealed. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |