82R1487 MAW-D
By: Paxton H.B. No. 1297
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of certain laws governing immigration
and to certain requirements concerning illegal criminal aliens in
the custody of the Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.139 to read as follows:
Art. 2.139. CERTAIN POLICIES PROHIBITED. A state
governmental entity or a political subdivision of the state may not
adopt a rule, policy, or ordinance, or follow or establish a
commonly accepted practice, that requires a peace officer to
violate a state or federal criminal law.
SECTION 2. Article 102.056, Code of Criminal Procedure, is
amended by adding Subsection (f) to read as follows:
(f) A local unit of government or a combination of local
units of government may request funds from the criminal justice
division of the governor's office, and the division may award the
requested funds, for expenditures incurred by the local unit or
units under Section 370.005, Local Government Code.
SECTION 3. Chapter 493, Government Code, is amended by
adding Section 493.0149 to read as follows:
Sec. 493.0149. REPORT CONCERNING ILLEGAL CRIMINAL ALIENS.
(a) In this section, "illegal criminal alien" has the meaning
assigned by Section 493.015.
(b) Not later than January 1 of each year, the department
shall make available to the public on the department's Internet
website a report concerning illegal criminal aliens who were in the
custody of the department during the state fiscal year that ended on
August 31 of the calendar year immediately preceding the calendar
year in which the report is made available.
(c) The report must include:
(1) the total number of illegal criminal aliens who
were in the custody of the department during the applicable state
fiscal year;
(2) the total number of illegal criminal aliens
transferred from the custody of the department to the custody of
United States Immigration and Customs Enforcement during the
applicable state fiscal year; and
(3) information regarding the cost incurred by the
department to imprison illegal criminal aliens during the
applicable state fiscal year, including whether the department or
the state received any federal funds to reimburse the department or
the state for that cost and the amount of any federal funds
received.
SECTION 4. Subchapter F, Chapter 508, Government Code, is
amended by adding Section 508.192 to read as follows:
Sec. 508.192. REENTRY INTO THE UNITED STATES PROHIBITED.
(a) In this section, "illegal criminal alien" has the meaning
assigned by Section 493.015.
(b) A parole panel shall require as a condition of parole or
mandatory supervision that an illegal criminal alien released to
the custody of United States Immigration and Customs Enforcement
not unlawfully return to or unlawfully reenter the United States in
violation of the Immigration Reform and Control Act of 1986 (8
U.S.C. Section 1101 et seq.).
SECTION 5. 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 AFFECTING MORE THAN ONE
TYPE OF LOCAL GOVERNMENT
SECTION 6. Section 370.003, Local Government Code, is
amended to read as follows:
Sec. 370.003. MUNICIPAL OR COUNTY POLICY REGARDING
[ENFORCEMENT OF] DRUG LAWS OR CERTAIN LAWS RELATING TO IMMIGRATION.
The governing body of a municipality, the commissioners court of a
county, or a sheriff, municipal police department, municipal
attorney, county attorney, district attorney, or criminal district
attorney may not adopt a rule, policy, or ordinance under which the
entity will:
(1) not [fully] enforce criminal laws relating to
drugs, including Chapters 481 and 483, Health and Safety Code, and
federal law;
(2) refuse to take an action that is authorized under 8
U.S.C. Section 1252c and permitted under state law; or
(3) violate 8 U.S.C. Section 1324.
SECTION 7. Chapter 370, Local Government Code, is amended
by adding Section 370.005 to read as follows:
Sec. 370.005. PERFORMANCE OF IMMIGRATION OFFICER
FUNCTIONS. (a) Notwithstanding any other law, a political
subdivision of this state may enter into a written agreement with
the United States attorney general and United States Immigration
and Customs Enforcement under Section 287(g), Immigration and
Nationality Act (8 U.S.C. Section 1357), to:
(1) provide employees of the political subdivision
with immigration law training under the supervision of United
States Immigration and Customs Enforcement officers; and
(2) authorize employees of the subdivision to perform
a function of an immigration officer.
(b) If a political subdivision enters into an agreement
described by Subsection (a):
(1) neither the agreement nor the political
subdivision may require a peace officer employed, appointed, or
commissioned by the political subdivision to violate Article 2.131,
Code of Criminal Procedure; and
(2) the agreement and the political subdivision must
require a peace officer employed, appointed, or commissioned by the
political subdivision to comply with the reporting requirements
described by Article 2.133, Code of Criminal Procedure, when the
peace officer is performing a function of an immigration officer.
SECTION 8. The Texas Department of Criminal Justice shall
make available to the public the first report required under
Section 493.0149, Government Code, as added by this Act, not later
than January 1, 2013.
SECTION 9. The change in law made by Section 508.192,
Government Code, as added by this Act, applies only to a person who
is released on parole or to mandatory supervision on or after the
effective date of this Act.
SECTION 10. This Act takes effect September 1, 2011.