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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement by certain entities of state and |
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federal immigration laws with respect to persons younger than 18 |
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years of age. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.251, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A law enforcement agency is not required to perform a |
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duty imposed by Subsection (a) with respect to a person who is |
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younger than 18 years of age. |
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SECTION 2. 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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who is 18 years of age or older and is under a lawful detention or |
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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 who is 18 |
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years of age or older and is under a lawful detention or under |
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arrest, including information regarding the person's place of |
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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 3. Section 39.07, Penal Code, is amended by adding |
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Subsection (d) to read as follows: |
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(d) It is an exception to the application of this section |
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that the person who was subject to an immigration detainer request |
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described by Subsection (a)(1) was, at the time the detainer |
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request was received, younger than 18 years of age. |
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SECTION 4. The change in law made by this Act in amending |
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Section 39.07, Penal Code, applies only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2021. |