Texas 2011 - 82nd 1st C.S.

Texas Senate Bill SB9 Compare Versions

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1	1	By: Williams, et al. S.B. No. 9
2	2	(In the Senate - Filed June 2, 2011; June 9, 2011, read
3	3	first time and referred to Committee on Transportation and Homeland
4	4	Security; June 13, 2011, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 5, Nays 4;
6	6	June 13, 2011, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 9 By: Williams
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the enforcement of state and federal laws governing
13	13	immigration by certain governmental entities and the
14	14	administration of certain documentation of citizenship status and
15	15	other lawful admittance by the Department of Public Safety of the
16	16	State of Texas.
17	17	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	18	SECTION 1. Chapter 370, Local Government Code, is amended
19	19	by adding Section 370.0031 to read as follows:
20	20	Sec. 370.0031. LOCAL GOVERNMENT POLICY REGARDING
21	21	ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS. (a) This
22	22	section applies to:
23	23	(1) the governing body of a municipality, county, or
24	24	special district or authority, except as provided by Subsections
25	25	(b) and (b-1);
26	26	(2) an officer, employee, or other body that is part of
27	27	a municipality, county, or special district or authority, including
28	28	a sheriff, municipal police department, municipal attorney, or
29	29	county attorney; and
30	30	(3) a district attorney or criminal district attorney.
31	31	(b) This section does not apply to a school district or
32	32	open-enrollment charter school or a junior college district. This
33	33	section does not apply to the release of information contained in
34	34	education records of an educational agency or institution, except
35	35	in conformity with the Family Educational Rights and Privacy Act of
36	36	1974, Section 513, Pub. L. No. 93-380 (20 U.S.C. Section 1232g).
37	37	(b-1) This section does not apply to a hospital or hospital
38	38	district.
39	39	(c) An entity described by Subsection (a) may not adopt a
40	40	rule, order, ordinance, or policy under which the entity prohibits
41	41	the enforcement of the laws of this state or federal law relating to
42	42	immigrants or immigration, including the federal Immigration and
43	43	Nationality Act (8 U.S.C. Section 1101 et seq.).
44	44	(d) In compliance with Subsection (c), an entity described
45	45	by Subsection (a) may not prohibit a person employed by or otherwise
46	46	under the direction or control of the entity from doing any of the
47	47	following:
48	48	(1) inquiring into the immigration status of a person
49	49	lawfully detained for the investigation of a criminal offense or
50	50	arrested;
51	51	(2) with respect to information relating to the
52	52	immigration status, lawful or unlawful, of any person lawfully
53	53	detained for the investigation of a criminal offense or arrested:
54	54	(A) sending the information to or requesting or
55	55	receiving the information from United States Citizenship and
56	56	Immigration Services or United States Immigration and Customs
57	57	Enforcement, including information regarding an individual's place
58	58	of birth;
59	59	(B) maintaining the information; or
60	60	(C) exchanging the information with another
61	61	federal, state, or local governmental entity;
62	62	(3) assisting or cooperating with a federal
63	63	immigration officer as reasonable and necessary, including
64	64	providing enforcement assistance; or
65	65	(4) permitting a federal immigration officer to enter
66	66	and conduct enforcement activities at a municipal or county jail to
67	67	enforce federal immigration laws.
68	68	(d-1) An entity described by Subsection (a) or a person
69	69	employed by or otherwise under the direction or control of the
70	70	entity may not consider race, color, language, or national origin
71	71	while enforcing the laws described by Subsection (c) except to the
72	72	extent permitted by the United States Constitution or the Texas
73	73	Constitution.
74	74	(e) An entity described by Subsection (a) may not receive
75	75	state grant funds if the entity adopts a rule, order, ordinance, or
76	76	policy under which the entity prohibits the enforcement of the laws
77	77	of this state or federal laws relating to Subsection (c) or, by
78	78	consistent actions, prohibits the enforcement of the laws of this
79	79	state or federal laws relating to Subsection (c). State grant funds
80	80	for the entity shall be denied for the fiscal year following the
81	81	year in which a final judicial determination in an action brought
82	82	under this section is made that the entity has intentionally
83	83	prohibited the enforcement of the laws of this state or federal laws
84	84	relating to Subsection (c).
85	85	(f) Any citizen residing in the jurisdiction of an entity
86	86	described by Subsection (a) may file a complaint with the attorney
87	87	general if the citizen offers evidence to support an allegation
88	88	that the entity has adopted a rule, order, ordinance, or policy
89	89	under which the entity prohibits the enforcement of the laws of this
90	90	state or federal laws relating to Subsection (c) or that, by
91	91	consistent actions, prohibits the enforcement of the laws of this
92	92	state or federal laws relating to Subsection (c). The citizen must
93	93	include with the complaint the evidence the citizen has that
94	94	supports the complaint.
95	95	(g) If the attorney general determines that a complaint
96	96	filed under Subsection (f) against an entity described by
97	97	Subsection (a) is valid, the attorney general may file a petition
98	98	for a writ of mandamus or apply for other appropriate equitable
99	99	relief in a district court in Travis County or in a county in which
100	100	the principal office of an entity described by Subsection (a) is
101	101	located to compel the entity that adopts a rule, order, ordinance,
102	102	or policy under which the local entity prohibits the enforcement of
103	103	the laws of this state or federal laws relating to Subsection (c) or
104	104	that, by consistent actions, prohibits the enforcement of the laws
105	105	of this state or federal laws relating to Subsection (c) to comply
106	106	with Subsection (c). The attorney general may recover reasonable
107	107	expenses incurred in obtaining relief under this subsection,
108	108	including court costs, reasonable attorney's fees, investigative
109	109	costs, witness fees, and deposition costs.
110	110	(h) An appeal of a suit brought under Subsection (g) is
111	111	governed by the procedures for accelerated appeals in civil cases
112	112	under the Texas Rules of Appellate Procedure. The appellate court
113	113	shall render its final order or judgment with the least possible
114	114	delay.
115	115	SECTION 2. The heading to Chapter 370, Local Government
116	116	Code, is amended to read as follows:
117	117	CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL
118	118	AND COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE
119	119	TYPE OF LOCAL GOVERNMENT
120	120	SECTION 3. Chapter 2, Code of Criminal Procedure, is
121	121	amended by adding Article 2.252 to read as follows:
122	122	Art. 2.252. VERIFICATION OF IMMIGRATION STATUS OF PERSON
123	123	CHARGED WITH COMMITTING OFFENSE. (a) A local law enforcement
124	124	agency that has custody of a person who has been arrested and
125	125	transported to a place of detention shall verify the immigration
126	126	status of the person by use of the federal Secure Communities
127	127	program operated by United States Immigration and Customs
128	128	Enforcement or a successor program.
129	129	(b) A local law enforcement agency is not required to
130	130	conduct an immigration status verification under Subsection (a) of
131	131	a person who is transferred to the custody of the agency by another
132	132	law enforcement agency if the transferring agency, before
133	133	transferring custody of the person, conducted an immigration status
134	134	verification under Subsection (a).
135	135	SECTION 4. Subchapter A, Chapter 521, Transportation Code,
136	136	is amended by adding Section 521.007 to read as follows:
137	137	Sec. 521.007. TEMPORARY VISITOR STATIONS. (a) The
138	138	department shall designate as temporary visitor stations certain
139	139	driver's license offices.
140	140	(b) A driver's license office designated as a temporary
141	141	visitor station under this section must have at least two staff
142	142	members who have completed specialized training on the temporary
143	143	visitor issuance guide published by the department.
144	144	(c) A driver's license office designated as a temporary
145	145	visitor station shall provide information and assistance to other
146	146	driver's license offices in the state.
147	147	SECTION 5. Subsection (b), Section 521.041, Transportation
148	148	Code, is amended to read as follows:
149	149	(b) The department shall maintain suitable indexes, in
150	150	alphabetical or numerical order, that contain:
151	151	(1) each denied application and the reasons for the
152	152	denial;
153	153	(2) each application that is granted; [and]
154	154	(3) the name of each license holder whose license has
155	155	been suspended, canceled, or revoked and the reasons for that
156	156	action; and
157	157	(4) the citizenship status of each holder of a license
158	158	or personal identification certificate.
159	159	SECTION 6. Section 521.101, Transportation Code, is amended
160	160	by adding Subsections (d-1), (f-2), and (f-3) and amending
161	161	Subsection (f) to read as follows:
162	162	(d-1) Unless the information has been previously provided
163	163	to the department, the department shall require each applicant for
164	164	an original, renewal, or duplicate personal identification
165	165	certificate to furnish to the department:
166	166	(1) proof of the applicant's United States
167	167	citizenship; or
168	168	(2) documentation described by Subsection (f-2).
169	169	(f) A personal identification certificate:
170	170	(1) for an applicant who is a citizen, national, or
171	171	legal permanent resident of the United States or a refugee or asylee
172	172	lawfully admitted into the United States:
173	173	(A) expires on a date specified by the department
174	174	if the applicant is younger than 60 years of age; or
175	175	(B) does not expire if the applicant is 60 years
176	176	of age or older; or
177	177	(2) for an applicant not described by Subdivision (1),
178	178	expires on:
179	179	(A) the earlier of:
180	180	(i) a date specified by the department; or
181	181	(ii) the expiration date of the applicant's
182	182	authorized stay in the United States; or
183	183	(B) the first anniversary of the date of
184	184	issuance, if there is no definite expiration date for the
185	185	applicant's authorized stay in the United States[, except that a
186	186	certificate issued to a person 60 years of age or older does not
187	187	expire].
188	188	(f-2) An applicant who is not a citizen of the United States
189	189	must present to the department documentation issued by the
190	190	appropriate United States agency that authorizes the applicant to
191	191	be in the United States.
192	192	(f-3) The department may not issue a personal
193	193	identification certificate to an applicant who fails or refuses to
194	194	comply with Subsection (f-2).
195	195	SECTION 7. Section 521.103, Transportation Code, is amended
196	196	by adding Subsection (c) to read as follows:
197	197	(c) Sections 521.101(f-2) and (f-3) apply to a personal
198	198	identification certificate for which application is made under this
199	199	section.
200	200	SECTION 8. Subsections (a) and (e), Section 521.142,
201	201	Transportation Code, are amended to read as follows:
202	202	(a) An application for an original license must state the
203	203	applicant's full name and place and date of birth. This information
204	204	must be verified by presentation of proof of identity satisfactory
205	205	to the department. An applicant who is not a citizen of the United
206	206	States must present to the department documentation issued by the
207	207	appropriate United States agency that authorizes the applicant to
208	208	be in the United States before the applicant may be issued a
209	209	driver's license. The department must accept as satisfactory proof
210	210	of identity under this subsection an offender identification card
211	211	or similar form of identification issued to an inmate by the Texas
212	212	Department of Criminal Justice if the applicant also provides
213	213	supplemental verifiable records or documents that aid in
214	214	establishing identity.
215	215	(e) The application must include any other information the
216	216	department requires to determine the applicant's identity,
217	217	residency, competency, and eligibility as required by the
218	218	department or state law.
219	219	SECTION 9. Section 521.1425, Transportation Code, is
220	220	amended by amending Subsection (a) and adding Subsection (c) to
221	221	read as follows:
222	222	(a) Except as provided by Subsections [Subsection] (b) and
223	223	(c), the department may require each applicant for an original,
224	224	renewal, or duplicate driver's license to furnish to the department
225	225	the information required by Section 521.142.
226	226	(c) Unless the information has been previously provided to
227	227	the department, the department shall require each applicant for an
228	228	original, renewal, or duplicate driver's license to furnish to the
229	229	department:
230	230	(1) proof of the applicant's United States
231	231	citizenship; or
232	232	(2) documentation described by Section 521.142(a).
233	233	SECTION 10. Section 521.271, Transportation Code, is
234	234	amended by amending Subsections (a) and (b) and adding Subsections
235	235	(a-2), (a-3), and (a-4) to read as follows:
236	236	(a) Each original driver's license, [and] provisional
237	237	license, instruction permit, or occupational driver's license
238	238	issued to an applicant who is a citizen, national, or legal
239	239	permanent resident of the United States or a refugee or asylee
240	240	lawfully admitted into the United States expires as follows:
241	241	(1) except as provided by Section 521.2711, a driver's
242	242	license expires on the first birthday of the license holder
243	243	occurring after the sixth anniversary of the date of the
244	244	application;
245	245	(2) a provisional license expires on the 18th
246	246	birthday of the license holder;
247	247	(3) an instruction permit expires on the 18th birthday
248	248	of the license holder;
249	249	(4) an occupational driver's license expires on the
250	250	first anniversary of the court order granting the license; and
251	251	(5) unless an earlier date is otherwise provided, a
252	252	driver's license issued to a person whose residence or domicile is a
253	253	correctional facility or a parole facility expires on the first
254	254	birthday of the license holder occurring after the first
255	255	anniversary of the date of issuance.
256	256	(a-2) Each original driver's license issued to an applicant
257	257	who is not a citizen, national, or legal permanent resident of the
258	258	United States or a refugee or asylee lawfully admitted into the
259	259	United States expires on:
260	260	(1) the earlier of:
261	261	(A) the first birthday of the license holder
262	262	occurring after the sixth anniversary of the date of the
263	263	application; or
264	264	(B) the expiration date of the license holder's
265	265	lawful presence in the United States as determined by the
266	266	appropriate United States agency in compliance with federal law; or
267	267	(2) the first anniversary of the date of issuance, if
268	268	there is no definite expiration date for the applicant's authorized
269	269	stay in the United States.
270	270	(a-3) Each original provisional license or instruction
271	271	permit issued to an applicant who is not a citizen, national, or
272	272	legal permanent resident of the United States or a refugee or asylee
273	273	lawfully admitted into the United States expires on the earliest
274	274	of:
275	275	(1) the 18th birthday of the license holder;
276	276	(2) the first birthday of the license holder occurring
277	277	after the date of the application; or
278	278	(3) the expiration of the license holder's lawful
279	279	presence in the United States as determined by the United States
280	280	agency responsible for citizenship and immigration in compliance
281	281	with federal law.
282	282	(a-4) Each original occupational driver's license issued to
283	283	an applicant who is not a citizen, national, or legal permanent
284	284	resident of the United States or a refugee or asylee lawfully
285	285	admitted into the United States expires on the earlier of:
286	286	(1) the first anniversary of the date of issuance; or
287	287	(2) the expiration of the license holder's lawful
288	288	presence in the United States as determined by the appropriate
289	289	United States agency in compliance with federal law.
290	290	(b) Except as provided by Section 521.2711, a driver's
291	291	license that is renewed expires on the earlier of:
292	292	(1) the sixth anniversary of the expiration date
293	293	before renewal if the applicant is a citizen, national, or legal
294	294	permanent resident of the United States or a refugee or asylee
295	295	lawfully admitted into the United States;
296	296	(1-a) for an applicant not described by Subdivision
297	297	(1):
298	298	(A) the earlier of:
299	299	(i) the sixth anniversary of the expiration
300	300	date before renewal; or
301	301	(ii) the expiration date of the applicant's
302	302	authorized stay in the United States; or
303	303	(B) the first anniversary of the date of
304	304	issuance, if there is no definite expiration date for the
305	305	applicant's authorized stay in the United States; or
306	306	(2) for a renewal driver's license issued to a person
307	307	whose residence or domicile is a correctional facility or a parole
308	308	facility, the first birthday of the license holder occurring after
309	309	the first anniversary of the date of issuance unless an earlier date
310	310	is otherwise provided.
311	311	SECTION 11. Section 521.2711, Transportation Code, is
312	312	amended by adding Subsection (c) to read as follows:
313	313	(c) Notwithstanding Subsections (a) and (b), an original or
314	314	renewal driver's license issued to an applicant who is 85 years of
315	315	age or older and not a citizen, national, or legal permanent
316	316	resident of the United States or a refugee or asylee lawfully
317	317	admitted into the United States expires on:
318	318	(1) the earlier of:
319	319	(A) the second anniversary of the expiration date
320	320	before renewal; or
321	321	(B) the expiration date of the applicant's
322	322	authorized stay in the United States; or
323	323	(2) the first anniversary of the date of issuance if
324	324	there is no definite expiration date for the applicant's authorized
325	325	stay in the United States.
326	326	SECTION 12. Section 521.272, Transportation Code, is
327	327	amended by amending Subsection (c) and adding Subsection (d) to
328	328	read as follows:
329	329	(c) Notwithstanding Sections [Section] 521.271 and
330	330	521.2711, a driver's license issued under this section, including a
331	331	renewal, duplicate, or corrected license, expires:
332	332	(1) if the license holder is a citizen, national, or
333	333	legal permanent resident of the United States or a refugee or asylee
334	334	lawfully admitted into the United States, on the first birthday of
335	335	the license holder occurring after the date of application, except
336	336	that the initial license issued under this section expires on the
337	337	second birthday of the license holder occurring after the date of
338	338	application; or
339	339	(2) if the applicant is not described by Subdivision
340	340	(1), on the earlier of:
341	341	(A) the expiration date of the applicant's
342	342	authorized stay in the United States; or
343	343	(B) the first birthday of the license holder
344	344	occurring after the date of application, except that the initial
345	345	license issued under this section expires on the second birthday of
346	346	the license holder occurring after the date of application.
347	347	(d) Subsection (c) [This subsection] does not apply to:
348	348	(1) a provisional license;
349	349	(2) an instruction permit issued under Section
350	350	521.222; or
351	351	(3) a hardship license issued under Section 521.223.
352	352	SECTION 13. Section 521.421, Transportation Code, is
353	353	amended by adding Subsection (a-3) to read as follows:
354	354	(a-3) Except as provided by Subsections (a-1) and (a-2), the
355	355	fee for a driver's license or personal identification certificate
356	356	that is issued to a person who is not a citizen, national, or legal
357	357	permanent resident of the United States or a refugee or asylee
358	358	lawfully admitted into the United States and that is valid for not
359	359	more than one year is $24.
360	360	SECTION 14. Subsection (b), Section 522.033,
361	361	Transportation Code, is amended to read as follows:
362	362	(b) Notwithstanding Section 522.051, a commercial driver's
363	363	license or commercial driver learner's permit issued under this
364	364	section, including a renewal, duplicate, or corrected license,
365	365	expires:
366	366	(1) if the license or permit holder is a citizen,
367	367	national, or legal permanent resident of the United States or a
368	368	refugee or asylee lawfully admitted into the United States, on the
369	369	first birthday of the license holder occurring after the date of
370	370	application, except that the initial license issued under this
371	371	section expires on the second birthday of the license holder
372	372	occurring after the date of application; or
373	373	(2) if the applicant is not described by Subdivision
374	374	(1), on the earlier of:
375	375	(A) the expiration date of the applicant's
376	376	authorized stay in the United States; or
377	377	(B) the first birthday of the license holder
378	378	occurring after the date of application, except that the initial
379	379	license issued under this section expires on the second birthday of
380	380	the license holder occurring after the date of application.
381	381	SECTION 15. Section 522.052, Transportation Code, is
382	382	amended by adding Subsection (i) to read as follows:
383	383	(i) Unless the information has been previously provided to
384	384	the department, the department shall require each applicant for a
385	385	renewal or duplicate commercial driver's license to furnish to the
386	386	department:
387	387	(1) proof of the applicant's United States
388	388	citizenship; or
389	389	(2) documentation described by Section 521.142(a).
390	390	SECTION 16. Not later than January 1, 2013, the Department
391	391	of Public Safety of the State of Texas shall submit to the
392	392	legislature a report evaluating the effectiveness of the temporary
393	393	visitor stations established under Section 521.007, Transportation
394	394	Code, as added by this Act.
395	395	SECTION 17. The changes in law made by this Act to Chapters
396	396	521 and 522, Transportation Code, apply only to a driver's license,
397	397	personal identification certificate, commercial driver's license,
398	398	or commercial driver learner's permit issued, reissued,
399	399	reinstated, or renewed on or after the effective date of this Act.
400	400	A driver's license, personal identification certificate,
401	401	commercial driver's license, or commercial driver learner's permit
402	402	issued, reissued, reinstated, or renewed before the effective date
403	403	of this Act is governed by the law in effect when the license,
404	404	certificate, or permit was issued, reissued, reinstated, or
405	405	renewed, and the former law is continued in effect for that purpose.
406	406	SECTION 18. This Act takes effect immediately if it
407	407	receives a vote of two-thirds of all the members elected to each
408	408	house, as provided by Section 39, Article III, Texas Constitution.
409	409	If this Act does not receive the vote necessary for immediate
410	410	effect, this Act takes effect on the 91st day after the last day of
411	411	the legislative session.
412	412	* * * * *