81R103 PAM-D
By: Berman H.B. No. 261
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of state and federal laws by certain
governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Government Code, is amended by adding
Subtitle Z to read as follows:
SUBTITLE Z. MISCELLANEOUS PROVISIONS
CHAPTER 541. GENERAL STATE POLICIES
Sec. 541.001. STATE POLICY REGARDING ENFORCEMENT OF STATE
AND FEDERAL LAWS. (a) In this section, "state agency" means:
(1) a board, commission, department, institution,
office, or other agency in the executive branch of state
government;
(2) the legislature or a legislative agency; or
(3) the supreme court, the court of criminal appeals,
a court of appeals, or a state judicial agency.
(b) The governing body of a state agency or an officer,
employee, or other body that is part of a state agency may not adopt
a rule or policy under which the agency will not fully enforce the
laws of this state or federal law, including laws relating to
immigrants or immigration such as the federal Immigration and
Nationality Act (8 U.S.C. Section 1101 et seq.).
Sec. 541.002. STATE FUNDING PROHIBITED FOR FAILURE TO
ENFORCE LAWS. (a) A state agency may not adopt a rule or policy
under which the state agency will not fully enforce the laws of this
state or federal laws relating to immigrants or immigration,
including the federal Immigration and Nationality Act (8 U.S.C.
Section 1101 et seq.), or, by consistent actions, fails to fully
enforce the laws of this state or federal laws relating to
immigrants or immigration, including the federal Immigration and
Nationality Act (8 U.S.C. Section 1101 et seq.).
(b) If the staff of the office of the attorney general
determines that the state agency has intentionally violated
Subsection (a), the state agency shall promptly forfeit or repay
the appropriate entity all funds granted to the state agency for the
purposes related to immigrants or immigration, including the
federal Immigration and Nationality Act (8 U.S.C. Section 1101 et
seq.). The attorney general may stay the duty to repay pending the
outcome of any appeal under Subsection (c).
(c) Not later than the 21st day after the date of receiving a
notice of the determination, a state agency may appeal a
determination under Subsection (b) to the attorney general. An
appeal under this subsection is a contested case under Chapter
2001. An administrative law judge employed by the State Office of
Administrative Hearings shall conduct the contested case hearing.
SECTION 2. Section 370.003, Local Government Code, is
amended to read as follows:
Sec. 370.003. LOCAL GOVERNMENT [MUNICIPAL OR COUNTY] POLICY
REGARDING ENFORCEMENT OF STATE AND FEDERAL [DRUG] LAWS. (a) The
governing body of a municipality, [the commissioners court of a]
county, or special district or authority, or an officer, employee,
or other body that is part of a municipality, county, or special
district or authority, including a sheriff, municipal police
department, municipal attorney, county attorney, district
attorney, or criminal district attorney, may not adopt a policy
under which the entity will not fully enforce the laws of this state
or federal law, including laws relating to:
(1) drugs, including Chapters 481 and 483, Health and
Safety Code; and
(2) immigrants or immigration, including the federal
Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.)[,
and federal law].
(b) A local entity described by Subsection (a) may not
receive state funds if the local entity adopts a rule, order,
ordinance, or policy under which the local entity will not fully
enforce the laws of this state or federal laws relating to
Subsection (a)(2) or, by consistent actions, fails to fully enforce
the laws of this state or federal laws relating to Subsection
(a)(2). State funds for the local entity shall be denied for the
fiscal year following the year in which the rule, order, ordinance,
or policy is adopted or the determination is made that the entity
has intentionally failed to fully enforce the laws of this state or
federal laws relating to Subsection (a)(2). The Governor's Office
of Budget, Planning, and Policy shall adopt rules to implement this
subsection uniformly among the state agencies from which state
funds are distributed to a local entity.
SECTION 3. The heading to Chapter 370, Local Government
Code, is amended to read as follows:
CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE TYPE OF
LOCAL GOVERNMENT
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.