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A BILL TO BE ENTITLED
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AN ACT
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relating to immigration documentation or other information to |
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verify citizenship or immigration status and to notification to the |
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federal government of an arrested or detained person who is |
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unlawfully present in the United States; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 2A, Code of Criminal |
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Procedure, is amended by adding Article 2A.0595 to read as follows: |
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Art. 2A.0595. NOTIFICATION TO FEDERAL GOVERNMENT OF |
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ARRESTED OR DETAINED PERSON WHO IS UNLAWFULLY PRESENT IN UNITED |
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STATES. (a) A peace officer who arrests or detains a person and |
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determines that the person is unlawfully present in the United |
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States shall notify the United States Immigration and Customs |
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Enforcement or another applicable federal agency as soon as |
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practicable but not later than 12 hours after making the |
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determination. |
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(b) Notwithstanding any other law, a peace officer who is |
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required to notify the United States Immigration and Customs |
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Enforcement or another applicable federal agency under Subsection |
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(a) may, for purposes of this article, detain the person who is the |
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subject of the notification beyond the point at which the person |
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would otherwise be released. |
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SECTION 2. Chapter 752, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. IMMIGRATION DOCUMENTATION OR OTHER INFORMATION TO |
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VERIFY CITIZENSHIP OR IMMIGRATION STATUS |
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Sec. 752.081. DUTY TO CARRY IMMIGRATION DOCUMENTATION. A |
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person who is not a citizen or national of the United States shall |
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carry federal documentation verifying the person's lawful presence |
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in the United States if the person is otherwise required to carry or |
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possess that documentation under federal law. |
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Sec. 752.082. OFFENSE. (a) A person commits an offense if: |
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(1) the person is required under Section 752.081 to |
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carry federal documentation verifying the person's lawful presence |
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in the United States; |
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(2) the person is lawfully arrested or detained by a |
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peace officer; and |
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(3) the person: |
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(A) intentionally refuses to provide truthful |
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information verbally to a peace officer regarding the person's |
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citizenship or immigration status in response to the officer's |
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request for that information; |
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(B) fails to provide federal documentation |
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described by Subdivision (1) on a peace officer's request for that |
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documentation; or |
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(C) provides false or fictitious information |
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regarding the person's citizenship or immigration status in |
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response to a peace officer's request for that information. |
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(b) An offense under this section is a Class C misdemeanor, |
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except that the offense is a Class B misdemeanor if: |
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(1) the offense involves conduct described by |
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Subsection (a)(3)(A) or (B) and it is shown on the trial of the |
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offense that the actor has been previously convicted of an offense |
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under this section; or |
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(2) the offense involves conduct described by |
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Subsection (a)(3)(C). |
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Sec. 752.083. LIMITATION ON PEACE OFFICER'S REQUEST FOR |
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IMMIGRATION DOCUMENT OR INFORMATION REGARDING CITIZENSHIP OR |
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IMMIGRATION STATUS. A peace officer may request a person to provide |
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federal documentation verifying the person's lawful presence in the |
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United States or to provide other information regarding the |
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person's citizenship or immigration status only if the officer: |
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(1) has a reasonable suspicion that the person is |
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unlawfully present in the United States; or |
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(2) is required or authorized under other law to |
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verify or inquire as to the person's citizenship or immigration |
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status. |
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SECTION 3. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared severable. |
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SECTION 4. This Act takes effect September 1, 2025. |