By: Fallon H.B. No. 4117
A BILL TO BE ENTITLED
AN ACT
rela
ting 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. 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 the following entities:
(1) the governing body of a municipality, county, or
special district or authority; and
(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) 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.).
(c) 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 (b) except to the
extent permitted by the United States Constitution or the Texas
Constitution.
(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 prohibits the enforcement of the laws
described by Subsection (b) or, by consistent actions, prohibits
the enforcement of those laws. 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 described by Subsection (b).
(e) 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
described by Subsection (b) or that the entity, by consistent
actions, prohibits the enforcement of those laws. The citizen must
include with the complaint the evidence the citizen has that
supports the complaint.
(f) If the attorney general determines that a complaint
filed under Subsection (e) 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 described by Subsection (b) or that, by consistent
actions, prohibits the enforcement of those laws to comply with
Subsection (b). 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.
(g) An appeal of a suit brought under Subsection (f) 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. 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, 2015.