Texas 2011 - 82nd Regular

Texas House Bill HB12 Compare Versions

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1	1	By: Solomons, et al. (Senate Sponsor - Williams) H.B. No. 12
2	2	(In the Senate - Received from the House May 11, 2011;
3	3	May 11, 2011, read first time and referred to Committee on
4	4	Transportation and Homeland Security; May 21, 2011, reported
5	5	favorably by the following vote: Yeas 5, Nays 4; May 21, 2011, sent
6	6	to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the enforcement of state and federal laws governing
12	12	immigration by certain governmental entities.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 370, Local Government Code, is amended
15	15	by adding Section 370.0031 to read as follows:
16	16	Sec. 370.0031. LOCAL GOVERNMENT POLICY REGARDING
17	17	ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS. (a) This
18	18	section applies to:
19	19	(1) the governing body of a municipality, county, or
20	20	special district or authority, subject to Subsections (b) and
21	21	(b-1);
22	22	(2) an officer, employee, or other body that is part of
23	23	a municipality, county, or special district or authority, including
24	24	a sheriff, municipal police department, municipal attorney, or
25	25	county attorney; and
26	26	(3) a district attorney or criminal district attorney.
27	27	(b) This section does not apply to a school district or
28	28	open-enrollment charter school or a junior college district, except
29	29	that this subsection does not exclude the application of this
30	30	section to a commissioned peace officer employed or commissioned by
31	31	a school district or open-enrollment charter school or a junior
32	32	college district. This section does not apply to the release of
33	33	information contained in education records of an educational agency
34	34	or institution, except in conformity with the Family Educational
35	35	Rights and Privacy Act of 1974, Section 513, Pub. L. No. 93-380 (20
36	36	U.S.C. Section 1232g).
37	37	(b-1) This section does not apply to a hospital or hospital
38	38	district created under Subtitle C or D, Title 4, Health and Safety
39	39	Code, or a hospital district created under a general or special law
40	40	authorized by Article IX, Texas Constitution, to the extent that
41	41	the hospital or hospital district is providing access to or
42	42	delivering medical or health care services as required under the
43	43	following applicable federal or state laws:
44	44	(1) 42 U.S.C. Section 1395dd;
45	45	(2) 42 U.S.C. Section 1396b(v);
46	46	(3) Subchapter C, Chapter 61, Health and Safety Code;
47	47	(4) Chapter 81, Health and Safety Code; and
48	48	(5) Section 311.022, Health and Safety Code.
49	49	(b-2) Subsection (b-1) does not exclude the application of
50	50	this section to a commissioned peace officer employed by or
51	51	commissioned by a hospital or hospital district subject to
52	52	Subsection (b-1).
53	53	(c) An entity described by Subsection (a) may not adopt a
54	54	rule, order, ordinance, or policy under which the entity prohibits
55	55	the enforcement of the laws of this state or federal law relating to
56	56	immigrants or immigration, including the federal Immigration and
57	57	Nationality Act (8 U.S.C. Section 1101 et seq.).
58	58	(d) In compliance with Subsection (c), an entity described
59	59	by Subsection (a) may not prohibit a person employed by or otherwise
60	60	under the direction or control of the entity from doing any of the
61	61	following:
62	62	(1) inquiring into the immigration status of a person
63	63	lawfully detained for the investigation of a criminal offense or
64	64	arrested;
65	65	(2) with respect to information relating to the
66	66	immigration status, lawful or unlawful, of any person lawfully
67	67	detained for the investigation of a criminal offense or arrested:
68	68	(A) sending the information to or requesting or
69	69	receiving the information from United States Citizenship and
70	70	Immigration Services or United States Immigration and Customs
71	71	Enforcement, including information regarding an individual's place
72	72	of birth;
73	73	(B) maintaining the information; or
74	74	(C) exchanging the information with another
75	75	federal, state, or local governmental entity;
76	76	(3) assisting or cooperating with a federal
77	77	immigration officer as reasonable and necessary, including
78	78	providing enforcement assistance; or
79	79	(4) permitting a federal immigration officer to enter
80	80	and conduct enforcement activities at a municipal or county jail to
81	81	enforce federal immigration laws.
82	82	(d-1) An entity described by Subsection (a) or a person
83	83	employed by or otherwise under the direction or control of the
84	84	entity may not consider race, color, language, or national origin
85	85	while enforcing the laws described by Subsection (c) except to the
86	86	extent permitted by the United States Constitution or the Texas
87	87	Constitution.
88	88	(e) An entity described by Subsection (a) may not receive
89	89	state grant funds if the entity adopts a rule, order, ordinance, or
90	90	policy under which the entity prohibits the enforcement of the laws
91	91	of this state or federal laws relating to Subsection (c) or, by
92	92	consistent actions, prohibits the enforcement of the laws of this
93	93	state or federal laws relating to Subsection (c). State grant funds
94	94	for the entity shall be denied for the fiscal year following the
95	95	year in which a final judicial determination in an action brought
96	96	under this section is made that the entity has intentionally
97	97	prohibited the enforcement of the laws of this state or federal laws
98	98	relating to Subsection (c).
99	99	(f) Any citizen residing in the jurisdiction of an entity
100	100	described by Subsection (a) may file a complaint with the attorney
101	101	general if the citizen offers evidence to support an allegation
102	102	that the entity has adopted a rule, order, ordinance, or policy
103	103	under which the entity prohibits the enforcement of the laws of this
104	104	state or federal laws relating to Subsection (c) or that, by
105	105	consistent actions, prohibits the enforcement of the laws of this
106	106	state or federal laws relating to Subsection (c). The citizen must
107	107	include with the complaint the evidence the citizen has that
108	108	supports the complaint.
109	109	(g) If the attorney general determines that a complaint
110	110	filed under Subsection (f) against an entity described by
111	111	Subsection (a) is valid, the attorney general may file a petition
112	112	for a writ of mandamus or apply for other appropriate equitable
113	113	relief in a district court in Travis County or in a county in which
114	114	the principal office of an entity described by Subsection (a) is
115	115	located to compel the entity that adopts a rule, order, ordinance,
116	116	or policy under which the local entity prohibits the enforcement of
117	117	the laws of this state or federal laws relating to Subsection (c) or
118	118	that, by consistent actions, prohibits the enforcement of the laws
119	119	of this state or federal laws relating to Subsection (c) to comply
120	120	with Subsection (c). The attorney general may recover reasonable
121	121	expenses incurred in obtaining relief under this subsection,
122	122	including court costs, reasonable attorney's fees, investigative
123	123	costs, witness fees, and deposition costs.
124	124	(h) An appeal of a suit brought under Subsection (g) is
125	125	governed by the procedures for accelerated appeals in civil cases
126	126	under the Texas Rules of Appellate Procedure. The appellate court
127	127	shall render its final order or judgment with the least possible
128	128	delay.
129	129	SECTION 2. The heading to Chapter 370, Local Government
130	130	Code, is amended to read as follows:
131	131	CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL
132	132	AND COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE
133	133	TYPE OF LOCAL GOVERNMENT
134	134	SECTION 3. This Act takes effect immediately if it receives
135	135	a vote of two-thirds of all the members elected to each house, as
136	136	provided by Section 39, Article III, Texas Constitution. If this
137	137	Act does not receive the vote necessary for immediate effect, this
138	138	Act takes effect September 1, 2011.
139	139	* * * * *