Texas 2009 - 81st Regular

Texas House Bill HB261 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R103 PAM-D
2	2	By: Berman H.B. No. 261
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement of state and federal laws by certain
8	8	governmental entities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 4, Government Code, is amended by adding
11	11	Subtitle Z to read as follows:
12	12	SUBTITLE Z. MISCELLANEOUS PROVISIONS
13	13	CHAPTER 541. GENERAL STATE POLICIES
14	14	Sec. 541.001. STATE POLICY REGARDING ENFORCEMENT OF STATE
15	15	AND FEDERAL LAWS. (a) In this section, "state agency" means:
16	16	(1) a board, commission, department, institution,
17	17	office, or other agency in the executive branch of state
18	18	government;
19	19	(2) the legislature or a legislative agency; or
20	20	(3) the supreme court, the court of criminal appeals,
21	21	a court of appeals, or a state judicial agency.
22	22	(b) The governing body of a state agency or an officer,
23	23	employee, or other body that is part of a state agency may not adopt
24	24	a rule or policy under which the agency will not fully enforce the
25	25	laws of this state or federal law, including laws relating to
26	26	immigrants or immigration such as the federal Immigration and
27	27	Nationality Act (8 U.S.C. Section 1101 et seq.).
28	28	Sec. 541.002. STATE FUNDING PROHIBITED FOR FAILURE TO
29	29	ENFORCE LAWS. (a) A state agency may not adopt a rule or policy
30	30	under which the state agency will not fully enforce the laws of this
31	31	state or federal laws relating to immigrants or immigration,
32	32	including the federal Immigration and Nationality Act (8 U.S.C.
33	33	Section 1101 et seq.), or, by consistent actions, fails to fully
34	34	enforce the laws of this state or federal laws relating to
35	35	immigrants or immigration, including the federal Immigration and
36	36	Nationality Act (8 U.S.C. Section 1101 et seq.).
37	37	(b) If the staff of the office of the attorney general
38	38	determines that the state agency has intentionally violated
39	39	Subsection (a), the state agency shall promptly forfeit or repay
40	40	the appropriate entity all funds granted to the state agency for the
41	41	purposes related to immigrants or immigration, including the
42	42	federal Immigration and Nationality Act (8 U.S.C. Section 1101 et
43	43	seq.). The attorney general may stay the duty to repay pending the
44	44	outcome of any appeal under Subsection (c).
45	45	(c) Not later than the 21st day after the date of receiving a
46	46	notice of the determination, a state agency may appeal a
47	47	determination under Subsection (b) to the attorney general. An
48	48	appeal under this subsection is a contested case under Chapter
49	49	2001. An administrative law judge employed by the State Office of
50	50	Administrative Hearings shall conduct the contested case hearing.
51	51	SECTION 2. Section 370.003, Local Government Code, is
52	52	amended to read as follows:
53	53	Sec. 370.003. LOCAL GOVERNMENT [MUNICIPAL OR COUNTY] POLICY
54	54	REGARDING ENFORCEMENT OF STATE AND FEDERAL [DRUG] LAWS. (a) The
55	55	governing body of a municipality, [the commissioners court of a]
56	56	county, or special district or authority, or an officer, employee,
57	57	or other body that is part of a municipality, county, or special
58	58	district or authority, including a sheriff, municipal police
59	59	department, municipal attorney, county attorney, district
60	60	attorney, or criminal district attorney, may not adopt a policy
61	61	under which the entity will not fully enforce the laws of this state
62	62	or federal law, including laws relating to:
63	63	(1) drugs, including Chapters 481 and 483, Health and
64	64	Safety Code; and
65	65	(2) immigrants or immigration, including the federal
66	66	Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.)[,
67	67	and federal law].
68	68	(b) A local entity described by Subsection (a) may not
69	69	receive state funds if the local entity adopts a rule, order,
70	70	ordinance, or policy under which the local entity will not fully
71	71	enforce the laws of this state or federal laws relating to
72	72	Subsection (a)(2) or, by consistent actions, fails to fully enforce
73	73	the laws of this state or federal laws relating to Subsection
74	74	(a)(2). State funds for the local entity shall be denied for the
75	75	fiscal year following the year in which the rule, order, ordinance,
76	76	or policy is adopted or the determination is made that the entity
77	77	has intentionally failed to fully enforce the laws of this state or
78	78	federal laws relating to Subsection (a)(2). The Governor's Office
79	79	of Budget, Planning, and Policy shall adopt rules to implement this
80	80	subsection uniformly among the state agencies from which state
81	81	funds are distributed to a local entity.
82	82	SECTION 3. The heading to Chapter 370, Local Government
83	83	Code, is amended to read as follows:
84	84	CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
85	85	COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE TYPE OF
86	86	LOCAL GOVERNMENT
87	87	SECTION 4. This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2009.