BILL ANALYSIS

H.B. 1554

By: Capriglione

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that political subdivisions in Texas have increasingly engaged in the provision of legal services for individuals unlawfully present in the United States, with an example being Harris County's allocation of millions of dollars in funding to its Immigrant Legal Services Fund since its inception in 2020. The bill author has further informed the committee that these practices raise concerns about the appropriate use of public funds and place undue burden on Texas taxpayers, many of whom struggle with rising costs of living and rely on public resources that should be dedicated to lawful residents. H.B. 1554 directly addresses this issue by prohibiting governmental entities in Texas from using public money to provide legal services for unlawfully present individuals in an immigration-related civil proceeding unless required by the U.S. Constitution.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1554 amends the Government Code to prohibit a governmental entity from taking the following actions, unless required by the U.S. Constitution:

· providing public money, including a grant award, to any person for the provision of legal services in a removal or other immigration-related civil proceeding regarding an individual who is unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act; or

· seeking reimbursement from the state for an attorney provided for such services.

The bill's provisions expressly do not prohibit a governmental entity from providing an attorney to an indigent defendant entitled to representation by counsel under the Code of Criminal Procedure.

H.B. 1554 defines "governmental entity" as a political subdivision of the state or a board, commission, council, department, or other agency in the executive branch of state government that is created by constitution or statute, including a public institution of higher education.

EFFECTIVE DATE

September 1, 2025.