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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement within this state of certain federal |
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laws regarding immigration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 7, Government Code, is amended by adding |
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Chapter 795 to read as follows: |
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CHAPTER 795. ENFORCEMENT OF CERTAIN FEDERAL LAWS RELATED TO |
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IMMIGRATION |
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Sec. 795.001. DEFINITION. In this chapter, "state money" |
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means money the legislature appropriates or money a state agency |
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controls or directs. |
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Sec. 795.002. PROHIBITED ENFORCEMENT OF CERTAIN FEDERAL |
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LAWS. Notwithstanding any other law, a state agency, a political |
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subdivision, or a law enforcement officer or other person employed |
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by a state agency or political subdivision may not enforce, |
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contract to enforce, or provide assistance to a federal agency or |
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official with respect to enforcing a federal statute, order, rule, |
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or regulation that: |
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(1) requires an individual who has illegally crossed |
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the Texas-Mexico border to remain in this state until the |
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individual receives a final determination on: |
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(A) the individual's application for asylum or |
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refugee status; or |
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(B) any other immigration screening process by |
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the federal government; and |
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(2) imposes a prohibition, restriction, or other |
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regulation that does not exist under this state's laws. |
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Sec. 795.003. COMPLAINT AND ATTORNEY GENERAL ACTION. (a) |
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An individual residing in the jurisdiction of a political |
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subdivision may file a complaint with the attorney general if the |
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individual offers evidence to support an allegation that the |
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political subdivision: |
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(1) entered into a contract or adopted a rule, order, |
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ordinance, or policy under which the political subdivision enforces |
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or assists with the enforcement of a federal statute, order, rule, |
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or regulation described by Section 795.002; or |
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(2) by consistent actions, enforces or assists with |
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the enforcement of a federal statute, order, rule, or regulation |
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described by Section 795.002. |
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(b) A complaint filed under Subsection (a) must include |
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evidence supporting 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 political subdivision 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 political subdivision is located to compel |
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the political subdivision to comply with Section 795.002. The |
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attorney general may recover reasonable expenses incurred in |
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obtaining relief under this subsection, including court costs, |
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reasonable attorney's fees, investigative costs, witness fees, and |
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deposition costs. |
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Sec. 795.004. INELIGIBILITY FOR STATE MONEY; NOTICE OF |
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COURT DETERMINATION; COMPTROLLER ACTION. (a) If a court renders a |
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final determination in an action brought under Section 795.003(c) |
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and finds that a political subdivision violated Section 795.002, |
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the political subdivision is ineligible to receive state money, |
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including money from the general revenue fund or a grant program a |
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state agency or other state entity administers, during the state |
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fiscal year beginning immediately after the date the determination |
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is made. |
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(b) The attorney general shall immediately notify the |
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comptroller of any final judicial determination described by |
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Subsection (a). |
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(c) If the comptroller receives notice under Subsection |
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(b), the comptroller shall withhold any state money from the |
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political subdivision during the state fiscal year beginning |
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immediately after the date the judicial determination is made. |
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Sec. 795.005. APPEAL OF ATTORNEY GENERAL ACTION. An appeal |
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of an action brought under Section 795.003(c) is governed by the |
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procedures for accelerated appeals in civil cases under the Texas |
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Rules of Appellate Procedure. The appellate court shall render its |
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final order or judgment with the least possible delay. |
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Sec. 795.006. DEFENSE BY ATTORNEY GENERAL IN CERTAIN |
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ACTIONS. The attorney general shall defend any state agency in a |
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suit brought against the agency by the federal government for an act |
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or omission of the agency consistent with the requirements of this |
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chapter. |
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SECTION 2. Chapter 795, Government Code, as added by this |
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Act, applies only to a contract entered into on or after the |
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effective date of this Act. A contract entered into before the |
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effective date of this Act is governed by the law in effect on the |
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date the contract was entered into, and the former law is continued |
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in effect for that purpose. |
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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 on the 91st day after the last day of the |
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legislative session. |