82R3853 MXM-D
By: Elkins H.B. No. 838
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of state and federal laws governing
immigration by certain governmental entities.
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) In
this section, "additional sales and use tax" has the meaning
assigned by Section 26.012, Tax Code.
(b) This section applies to:
(1) the [The] governing body of a municipality, [the
commissioners court of a] county, special district, or other
political subdivision of this state;
(2) an officer, employee, or other body that is part of
a municipality, county, special district, or other political
subdivision of this state, including a sheriff, municipal police
department, municipal attorney, or county attorney; or
(3) a [,] district attorney[,] or criminal district
attorney.
(c) An entity described by Subsection (b) may not adopt a
rule, order, ordinance, resolution, or 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].
(d) In compliance with Subsection (c)(2), an entity
described by Subsection (b) 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.
(e) An entity described by Subsection (b) may not receive
state money, retain unexpended state money, or impose a tax other
than a property or additional sales and use tax if the entity adopts
a rule, order, ordinance, resolution, or policy under which the
entity will not fully enforce laws described by Subsection (c)(2)
or, by consistent actions, fails to fully enforce those laws.
(f) If the attorney general determines that an entity
described by Subsection (b) is ineligible to retain state money or
impose a tax as provided by Subsection (e), the attorney general
shall notify the entity and the comptroller of that determination
and the entity shall promptly stop imposing taxes other than
property or additional sales and use taxes and forfeit and repay to
the state all unexpended state money held by the entity. The
attorney general shall stay the prohibition on imposing a tax and
the duty to repay pending the outcome of an appeal under Subsection
(g).
(g) Not later than the 21st day after the date of receiving
notice of the determination, an entity may appeal a determination
under Subsection (f) to a Travis County district court.
(h) An entity described by Subsection (b) that is determined
ineligible to retain state money as provided by Subsections (f) and
(g) is denied state money for each fiscal year:
(1) following the year in which the rule, order,
ordinance, resolution, or policy is adopted or the determination is
made that the entity has intentionally failed to fully enforce laws
described by Subsection (c)(2); and
(2) during which the rule, order, ordinance,
resolution, or policy that resulted in the determination remains in
effect or the failure to enforce that resulted in the determination
continues.
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.