By: Williams, et al. S.B. No. 9
(In the Senate - Filed June 2, 2011; June 9, 2011, read
first time and referred to Committee on Transportation and Homeland
Security; June 13, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 4;
June 13, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 9 By: Williams
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of state and federal laws governing
immigration by certain governmental entities and the
administration of certain documentation of citizenship status and
other lawful admittance by the Department of Public Safety of the
State of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 370, Local Government Code, is amended
by adding Section 370.0031 to read as follows:
Sec. 370.0031. LOCAL GOVERNMENT POLICY REGARDING
ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS. (a) This
section applies to:
(1) the governing body of a municipality, county, or
special district or authority, except as provided by Subsections
(b) and (b-1);
(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; and
(3) a district attorney or criminal district attorney.
(b) This section does not apply to a school district or
open-enrollment charter school or a junior college district. This
section does not apply to the release of information contained in
education records of an educational agency or institution, except
in conformity with the Family Educational Rights and Privacy Act of
1974, Section 513, Pub. L. No. 93-380 (20 U.S.C. Section 1232g).
(b-1) This section does not apply to a hospital or hospital
district.
(c) An entity described by Subsection (a) may not adopt a
rule, order, ordinance, or policy under which the entity prohibits
the enforcement of the laws of this state or federal law relating to
immigrants or immigration, including the federal Immigration and
Nationality Act (8 U.S.C. Section 1101 et seq.).
(d) In compliance with Subsection (c), an entity described
by Subsection (a) may not prohibit a person employed by or otherwise
under the direction or control of the entity from doing any of the
following:
(1) inquiring into the immigration status of a person
lawfully detained for the investigation of a criminal offense or
arrested;
(2) with respect to information relating to the
immigration status, lawful or unlawful, of any person lawfully
detained for the investigation of a criminal offense or arrested:
(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;
(3) assisting or cooperating with a federal
immigration officer as reasonable and necessary, including
providing enforcement assistance; or
(4) permitting a federal immigration officer to enter
and conduct enforcement activities at a municipal or county jail to
enforce federal immigration laws.
(d-1) An entity described by Subsection (a) or a person
employed by or otherwise under the direction or control of the
entity may not consider race, color, language, or national origin
while enforcing the laws described by Subsection (c) except to the
extent permitted by the United States Constitution or the Texas
Constitution.
(e) 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 prohibits the enforcement of the laws
of this state or federal laws relating to Subsection (c) or, by
consistent actions, prohibits the enforcement of the laws of this
state or federal laws relating to Subsection (c). State grant funds
for the entity shall be denied for the fiscal year following the
year in which a final judicial determination in an action brought
under this section is made that the entity has intentionally
prohibited the enforcement of the laws of this state or federal laws
relating to Subsection (c).
(f) Any citizen residing in the jurisdiction of an entity
described by Subsection (a) may file a complaint with the attorney
general if the citizen offers evidence to support an allegation
that the entity has adopted a rule, order, ordinance, or policy
under which the entity prohibits the enforcement of the laws of this
state or federal laws relating to Subsection (c) or that, by
consistent actions, prohibits the enforcement of the laws of this
state or federal laws relating to Subsection (c). The citizen must
include with the complaint the evidence the citizen has that
supports the complaint.
(g) If the attorney general determines that a complaint
filed under Subsection (f) against an entity described by
Subsection (a) is valid, the attorney general may file a petition
for a writ of mandamus or apply for other appropriate equitable
relief in a district court in Travis County or in a county in which
the principal office of an entity described by Subsection (a) is
located to compel the entity that adopts a rule, order, ordinance,
or policy under which the local entity prohibits the enforcement of
the laws of this state or federal laws relating to Subsection (c) or
that, by consistent actions, prohibits the enforcement of the laws
of this state or federal laws relating to Subsection (c) to comply
with Subsection (c). The attorney general may recover reasonable
expenses incurred in obtaining relief under this subsection,
including court costs, reasonable attorney's fees, investigative
costs, witness fees, and deposition costs.
(h) An appeal of a suit brought under Subsection (g) is
governed by the procedures for accelerated appeals in civil cases
under the Texas Rules of Appellate Procedure. The appellate court
shall render its final order or judgment with the least possible
delay.
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. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.252 to read as follows:
Art. 2.252. VERIFICATION OF IMMIGRATION STATUS OF PERSON
CHARGED WITH COMMITTING OFFENSE. (a) A local law enforcement
agency that has custody of a person who has been arrested and
transported to a place of detention shall verify the immigration
status of the person by use of the federal Secure Communities
program operated by United States Immigration and Customs
Enforcement or a successor program.
(b) A local law enforcement agency is not required to
conduct an immigration status verification under Subsection (a) of
a person who is transferred to the custody of the agency by another
law enforcement agency if the transferring agency, before
transferring custody of the person, conducted an immigration status
verification under Subsection (a).
SECTION 4. Subchapter A, Chapter 521, Transportation Code,
is amended by adding Section 521.007 to read as follows:
Sec. 521.007. TEMPORARY VISITOR STATIONS. (a) The
department shall designate as temporary visitor stations certain
driver's license offices.
(b) A driver's license office designated as a temporary
visitor station under this section must have at least two staff
members who have completed specialized training on the temporary
visitor issuance guide published by the department.
(c) A driver's license office designated as a temporary
visitor station shall provide information and assistance to other
driver's license offices in the state.
SECTION 5. Subsection (b), Section 521.041, Transportation
Code, is amended to read as follows:
(b) The department shall maintain suitable indexes, in
alphabetical or numerical order, that contain:
(1) each denied application and the reasons for the
denial;
(2) each application that is granted; [and]
(3) the name of each license holder whose license has
been suspended, canceled, or revoked and the reasons for that
action; and
(4) the citizenship status of each holder of a license
or personal identification certificate.
SECTION 6. Section 521.101, Transportation Code, is amended
by adding Subsections (d-1), (f-2), and (f-3) and amending
Subsection (f) to read as follows:
(d-1) Unless the information has been previously provided
to the department, the department shall require each applicant for
an original, renewal, or duplicate personal identification
certificate to furnish to the department:
(1) proof of the applicant's United States
citizenship; or
(2) documentation described by Subsection (f-2).
(f) A personal identification certificate:
(1) for an applicant who is a citizen, national, or
legal permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States:
(A) expires on a date specified by the department
if the applicant is younger than 60 years of age; or
(B) does not expire if the applicant is 60 years
of age or older; or
(2) for an applicant not described by Subdivision (1),
expires on:
(A) the earlier of:
(i) a date specified by the department; or
(ii) the expiration date of the applicant's
authorized stay in the United States; or
(B) the first anniversary of the date of
issuance, if there is no definite expiration date for the
applicant's authorized stay in the United States[, except that a
certificate issued to a person 60 years of age or older does not
expire].
(f-2) An applicant who is not a citizen of the United States
must present to the department documentation issued by the
appropriate United States agency that authorizes the applicant to
be in the United States.
(f-3) The department may not issue a personal
identification certificate to an applicant who fails or refuses to
comply with Subsection (f-2).
SECTION 7. Section 521.103, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) Sections 521.101(f-2) and (f-3) apply to a personal
identification certificate for which application is made under this
section.
SECTION 8. Subsections (a) and (e), Section 521.142,
Transportation Code, are amended to read as follows:
(a) An application for an original license must state the
applicant's full name and place and date of birth. This information
must be verified by presentation of proof of identity satisfactory
to the department. An applicant who is not a citizen of the United
States must present to the department documentation issued by the
appropriate United States agency that authorizes the applicant to
be in the United States before the applicant may be issued a
driver's license. The department must accept as satisfactory proof
of identity under this subsection an offender identification card
or similar form of identification issued to an inmate by the Texas
Department of Criminal Justice if the applicant also provides
supplemental verifiable records or documents that aid in
establishing identity.
(e) The application must include any other information the
department requires to determine the applicant's identity,
residency, competency, and eligibility as required by the
department or state law.
SECTION 9. Section 521.1425, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Except as provided by Subsections [Subsection] (b) and
(c), the department may require each applicant for an original,
renewal, or duplicate driver's license to furnish to the department
the information required by Section 521.142.
(c) Unless the information has been previously provided to
the department, the department shall require each applicant for an
original, renewal, or duplicate driver's license to furnish to the
department:
(1) proof of the applicant's United States
citizenship; or
(2) documentation described by Section 521.142(a).
SECTION 10. Section 521.271, Transportation Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(a-2), (a-3), and (a-4) to read as follows:
(a) Each original driver's license, [and] provisional
license, instruction permit, or occupational driver's license
issued to an applicant who is a citizen, national, or legal
permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States expires as follows:
(1) except as provided by Section 521.2711, a driver's
license expires on the first birthday of the license holder
occurring after the sixth anniversary of the date of the
application;
(2) a provisional license expires on the 18th
birthday of the license holder;
(3) an instruction permit expires on the 18th birthday
of the license holder;
(4) an occupational driver's license expires on the
first anniversary of the court order granting the license; and
(5) unless an earlier date is otherwise provided, a
driver's license issued to a person whose residence or domicile is a
correctional facility or a parole facility expires on the first
birthday of the license holder occurring after the first
anniversary of the date of issuance.
(a-2) Each original driver's license issued to an applicant
who is not a citizen, national, or legal permanent resident of the
United States or a refugee or asylee lawfully admitted into the
United States expires on:
(1) the earlier of:
(A) the first birthday of the license holder
occurring after the sixth anniversary of the date of the
application; or
(B) the expiration date of the license holder's
lawful presence in the United States as determined by the
appropriate United States agency in compliance with federal law; or
(2) the first anniversary of the date of issuance, if
there is no definite expiration date for the applicant's authorized
stay in the United States.
(a-3) Each original provisional license or instruction
permit issued to an applicant who is not a citizen, national, or
legal permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States expires on the earliest
of:
(1) the 18th birthday of the license holder;
(2) the first birthday of the license holder occurring
after the date of the application; or
(3) the expiration of the license holder's lawful
presence in the United States as determined by the United States
agency responsible for citizenship and immigration in compliance
with federal law.
(a-4) Each original occupational driver's license issued to
an applicant who is not a citizen, national, or legal permanent
resident of the United States or a refugee or asylee lawfully
admitted into the United States expires on the earlier of:
(1) the first anniversary of the date of issuance; or
(2) the expiration of the license holder's lawful
presence in the United States as determined by the appropriate
United States agency in compliance with federal law.
(b) Except as provided by Section 521.2711, a driver's
license that is renewed expires on the earlier of:
(1) the sixth anniversary of the expiration date
before renewal if the applicant is a citizen, national, or legal
permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States;
(1-a) for an applicant not described by Subdivision
(1):
(A) the earlier of:
(i) the sixth anniversary of the expiration
date before renewal; or
(ii) the expiration date of the applicant's
authorized stay in the United States; or
(B) the first anniversary of the date of
issuance, if there is no definite expiration date for the
applicant's authorized stay in the United States; or
(2) for a renewal driver's license issued to a person
whose residence or domicile is a correctional facility or a parole
facility, the first birthday of the license holder occurring after
the first anniversary of the date of issuance unless an earlier date
is otherwise provided.
SECTION 11. Section 521.2711, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) Notwithstanding Subsections (a) and (b), an original or
renewal driver's license issued to an applicant who is 85 years of
age or older and not a citizen, national, or legal permanent
resident of the United States or a refugee or asylee lawfully
admitted into the United States expires on:
(1) the earlier of:
(A) the second anniversary of the expiration date
before renewal; or
(B) the expiration date of the applicant's
authorized stay in the United States; or
(2) the first anniversary of the date of issuance if
there is no definite expiration date for the applicant's authorized
stay in the United States.
SECTION 12. Section 521.272, Transportation Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) Notwithstanding Sections [Section] 521.271 and
521.2711, a driver's license issued under this section, including a
renewal, duplicate, or corrected license, expires:
(1) if the license holder is a citizen, national, or
legal permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States, on the first birthday of
the license holder occurring after the date of application, except
that the initial license issued under this section expires on the
second birthday of the license holder occurring after the date of
application; or
(2) if the applicant is not described by Subdivision
(1), on the earlier of:
(A) the expiration date of the applicant's
authorized stay in the United States; or
(B) the first birthday of the license holder
occurring after the date of application, except that the initial
license issued under this section expires on the second birthday of
the license holder occurring after the date of application.
(d) Subsection (c) [This subsection] does not apply to:
(1) a provisional license;
(2) an instruction permit issued under Section
521.222; or
(3) a hardship license issued under Section 521.223.
SECTION 13. Section 521.421, Transportation Code, is
amended by adding Subsection (a-3) to read as follows:
(a-3) Except as provided by Subsections (a-1) and (a-2), the
fee for a driver's license or personal identification certificate
that is issued to a person who is not a citizen, national, or legal
permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States and that is valid for not
more than one year is $24.
SECTION 14. Subsection (b), Section 522.033,
Transportation Code, is amended to read as follows:
(b) Notwithstanding Section 522.051, a commercial driver's
license or commercial driver learner's permit issued under this
section, including a renewal, duplicate, or corrected license,
expires:
(1) if the license or permit holder is a citizen,
national, or legal permanent resident of the United States or a
refugee or asylee lawfully admitted into the United States, on the
first birthday of the license holder occurring after the date of
application, except that the initial license issued under this
section expires on the second birthday of the license holder
occurring after the date of application; or
(2) if the applicant is not described by Subdivision
(1), on the earlier of:
(A) the expiration date of the applicant's
authorized stay in the United States; or
(B) the first birthday of the license holder
occurring after the date of application, except that the initial
license issued under this section expires on the second birthday of
the license holder occurring after the date of application.
SECTION 15. Section 522.052, Transportation Code, is
amended by adding Subsection (i) to read as follows:
(i) Unless the information has been previously provided to
the department, the department shall require each applicant for a
renewal or duplicate commercial driver's license to furnish to the
department:
(1) proof of the applicant's United States
citizenship; or
(2) documentation described by Section 521.142(a).
SECTION 16. Not later than January 1, 2013, the Department
of Public Safety of the State of Texas shall submit to the
legislature a report evaluating the effectiveness of the temporary
visitor stations established under Section 521.007, Transportation
Code, as added by this Act.
SECTION 17. The changes in law made by this Act to Chapters
521 and 522, Transportation Code, apply only to a driver's license,
personal identification certificate, commercial driver's license,
or commercial driver learner's permit issued, reissued,
reinstated, or renewed on or after the effective date of this Act.
A driver's license, personal identification certificate,
commercial driver's license, or commercial driver learner's permit
issued, reissued, reinstated, or renewed before the effective date
of this Act is governed by the law in effect when the license,
certificate, or permit was issued, reissued, reinstated, or
renewed, and the former law is continued in effect for that purpose.
SECTION 18. 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 on the 91st day after the last day of
the legislative session.
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