Texas 2009 - 81st Regular

Texas Senate Bill SB358 Compare Versions

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1	1	By: Patrick S.B. No. 358
2	2	(In the Senate - Filed December 12, 2008; February 17, 2009,
3	3	read first time and referred to Committee on Transportation and
4	4	Homeland Security; April 29, 2009, reported adversely, with
5	5	favorable Committee Substitute by the following vote: Yeas 5,
6	6	Nays 4; April 29, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 358 By: Carona
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the enforcement of state and federal laws governing
13	13	immigration by certain governmental entities.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 370.003, Local Government Code, is
16	16	amended to read as follows:
17	17	Sec. 370.003. LOCAL GOVERNMENT [MUNICIPAL OR COUNTY] POLICY
18	18	REGARDING ENFORCEMENT OF STATE AND FEDERAL [DRUG] LAWS. (a) The
19	19	governing body of a municipality, [the commissioners court of a]
20	20	county, or special district or authority, or an officer, employee,
21	21	or other body that is part of a municipality, county, or special
22	22	district or authority, including a sheriff, municipal police
23	23	department, municipal attorney, county attorney, district
24	24	attorney, or criminal district attorney, may not adopt a policy
25	25	under which the entity will not fully enforce the laws of this state
26	26	or federal law relating to:
27	27	(1) drugs, including Chapters 481 and 483, Health and
28	28	Safety Code; and
29	29	(2) immigrants or immigration, including the federal
30	30	Immigration and Nationality Act (8 U.S.C. Section 1373)[, and
31	31	federal law].
32	32	(b) In compliance with Subsection (a)(2), a local entity
33	33	described by Subsection (a) may not prohibit or in any manner
34	34	restrict an officer, employee, or other body that is part of the
35	35	local entity, including a sheriff, municipal police department,
36	36	municipal attorney, county attorney, district attorney, or
37	37	criminal district attorney, from, with respect to information
38	38	relating to the immigration status, lawful or unlawful, of any
39	39	individual:
40	40	(1) sending the information to or requesting or
41	41	receiving the information from the United States Bureau of
42	42	Citizenship and Immigration Services or United States Immigration
43	43	and Customs Enforcement, including information regarding an
44	44	individual's place of birth;
45	45	(2) maintaining the information; or
46	46	(3) exchanging the information with another federal,
47	47	state, or local governmental entity.
48	48	(c) In addition to requirements imposed by Subsection (b), a
49	49	local entity described by Subsection (a) may not prohibit or in any
50	50	manner restrict an officer, employee, or other body that is part of
51	51	the local entity, including a sheriff, municipal police department,
52	52	municipal attorney, county attorney, district attorney, or
53	53	criminal district attorney, from doing any of the following:
54	54	(1) assisting or cooperating with a federal
55	55	immigration officer as reasonable and necessary, including
56	56	providing enforcement assistance; or
57	57	(2) permitting a federal immigration officer to enter
58	58	and conduct enforcement activities at a municipal or county jail to
59	59	enforce federal immigration laws.
60	60	(d) A local entity described by Subsection (a) may not
61	61	receive state grant funds if the local entity adopts a rule, order,
62	62	ordinance, or policy under which the local entity violates
63	63	Subsection (c) or will not fully enforce the laws of this state or
64	64	federal laws relating to Subsection (a)(2) or, by consistent
65	65	actions, violates Subsection (c) or fails to fully enforce the laws
66	66	of this state or federal laws relating to Subsection (a)(2). State
67	67	grant funds for the local entity shall be denied for the fiscal year
68	68	following the year in which the rule, order, ordinance, or policy is
69	69	adopted or the determination is made that the entity has
70	70	intentionally violated Subsection (c) or failed to fully enforce
71	71	the laws of this state or federal laws relating to Subsection
72	72	(a)(2). The Governor's Office of Budget, Planning, and Policy
73	73	shall adopt rules to implement this subsection uniformly among the
74	74	state agencies from which state grant funds are distributed to a
75	75	local entity.
76	76	(e) Any citizen residing in a local entity described by
77	77	Subsection (a) that allegedly adopts a rule, order, ordinance, or
78	78	policy under which the local entity violates Subsection (c) or will
79	79	not fully enforce the laws of this state or federal laws relating to
80	80	Subsection (a)(2) or, by consistent actions, violates Subsection
81	81	(c) or fails to fully enforce the laws of this state or federal laws
82	82	relating to Subsection (a)(2) may file a petition in a district
83	83	court of a county in which the entity is located for a writ of
84	84	mandamus to compel compliance with Subsection (c) or Subsection
85	85	(a)(2).
86	86	SECTION 2. The heading to Chapter 370, Local Government
87	87	Code, is amended to read as follows:
88	88	CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
89	89	COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE
90	90	TYPE OF LOCAL GOVERNMENT
91	91	SECTION 3. This Act takes effect immediately if it receives
92	92	a vote of two-thirds of all the members elected to each house, as
93	93	provided by Section 39, Article III, Texas Constitution. If this
94	94	Act does not receive the vote necessary for immediate effect, this
95	95	Act takes effect September 1, 2009.
96	96	* * * * *