82R2329 SJM-F
By: Geren H.B. No. 311
A BILL TO BE ENTITLED
AN ACT
relating to the duty of a peace officer to inquire into the
immigration status of persons arrested on other grounds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.251 to read as follows:
Art. 2.251. IMMIGRATION STATUS INQUIRY BY PEACE OFFICER.
(a) A peace officer shall inquire into the immigration status of
any person under arrest on other grounds.
(b) If a person is under arrest as described by Subsection
(a) and the person has also violated a civil or criminal provision
of the federal immigration laws, the arresting peace officer shall
identify and report the person to United States Immigration and
Customs Enforcement.
SECTION 2. 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.