82R1391 PAM-D
By: Berman H.B. No. 302
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of state and federal laws governing
immigration by certain governmental entities; providing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) This
section applies to:
(1) the [The] governing body of a municipality, [the
commissioners court of a] county, or special district or authority;
(2) 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, or
county attorney; or
(3) a[,] district attorney[,] or criminal district
attorney.
(b) An entity described by Subsection (a) 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].
(c) In compliance with Subsection (b)(2), an entity
described by Subsection (a) may not prohibit or in any manner
restrict a person employed by or otherwise under the direction or
control of the entity from doing any of the following:
(1) with respect to information relating to the
immigration status, lawful or unlawful, of any individual:
(A) sending the information to or requesting or
receiving the information from United States Citizenship and
Immigration Services or United States Immigration and Customs
Enforcement, including information regarding an individual's place
of birth;
(B) maintaining the information; or
(C) exchanging the information with another
federal, state, or local governmental entity;
(2) assisting or cooperating with a federal
immigration officer as reasonable and necessary, including
providing enforcement assistance; or
(3) permitting a federal immigration officer to enter
and conduct enforcement activities at a municipal or county jail to
enforce federal immigration laws.
(d) An entity described by Subsection (a) may not receive
state grant funds if the entity adopts a rule, order, ordinance, or
policy under which the entity will not fully enforce the laws of
this state or federal laws relating to Subsection (b)(2) or, by
consistent actions, fails to fully enforce the laws of this state or
federal laws relating to Subsection (b)(2). State grant funds for
the 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 (b)(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 grant funds are
distributed to an entity.
(e) Any citizen residing in the jurisdiction of an entity
described by Subsection (a) that allegedly adopts a rule, order,
ordinance, or policy under which the entity will not fully enforce
the laws of this state or federal laws relating to Subsection (b)(2)
or, by consistent actions, fails to fully enforce the laws of this
state or federal laws relating to Subsection (b)(2) may file a
petition in a district court of a county in which the principal
office of the entity is located for a writ of mandamus to compel
compliance with Subsection (b)(2).
(f) An elected official of an entity described by Subsection
(a) who violates Subsection (b)(2) or (c) is liable to the state for
a civil penalty in an amount of not less than $1,000 or more than
$5,000. The attorney general may recover a penalty under this
subsection in a suit brought on behalf of the state. Money collected
under this subsection shall be paid to the comptroller for deposit
in the general revenue fund.
SECTION 2. 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 3. 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, 2011.