| 1 | 1 | | By: Fallon H.B. No. 4117 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | rela |
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| 7 | 7 | | ting to the enforcement of state and federal laws governing |
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| 8 | 8 | | immigration by certain governmental entities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 370, Local Government Code, is amended |
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| 11 | 11 | | by adding Section 370.0031 to read as follows: |
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| 12 | 12 | | Sec. 370.0031. LOCAL GOVERNMENT POLICY REGARDING |
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| 13 | 13 | | ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS. (a) This |
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| 14 | 14 | | section applies to the following entities: |
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| 15 | 15 | | (1) the governing body of a municipality, county, or |
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| 16 | 16 | | special district or authority; and |
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| 17 | 17 | | (2) an officer, employee, or other body that is part of |
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| 18 | 18 | | a municipality, county, or special district or authority, including |
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| 19 | 19 | | a sheriff, municipal police department, municipal attorney, or |
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| 20 | 20 | | county attorney; and |
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| 21 | 21 | | (3) a district attorney or criminal district attorney. |
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| 22 | 22 | | (b) An entity described by Subsection (a) may not adopt a |
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| 23 | 23 | | rule, order, ordinance, or policy under which the entity prohibits |
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| 24 | 24 | | the enforcement of the laws of this state or federal law relating to |
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| 25 | 25 | | immigrants or immigration, including the federal Immigration and |
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| 26 | 26 | | Nationality Act (8 U.S.C. Section 1101 et seq.). |
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| 27 | 27 | | (c) An entity described by Subsection (a) or a person |
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| 28 | 28 | | employed by or otherwise under the direction or control of the |
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| 29 | 29 | | entity may not consider race, color, language, or national origin |
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| 30 | 30 | | while enforcing the laws described by Subsection (b) except to the |
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| 31 | 31 | | extent permitted by the United States Constitution or the Texas |
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| 32 | 32 | | Constitution. |
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| 33 | 33 | | (d) An entity described by Subsection (a) may not receive |
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| 34 | 34 | | state grant funds if the entity adopts a rule, order, ordinance, or |
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| 35 | 35 | | policy under which the entity prohibits the enforcement of the laws |
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| 36 | 36 | | described by Subsection (b) or, by consistent actions, prohibits |
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| 37 | 37 | | the enforcement of those laws. State grant funds for the entity |
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| 38 | 38 | | shall be denied for the fiscal year following the year in which a |
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| 39 | 39 | | final judicial determination in an action brought under this |
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| 40 | 40 | | section is made that the entity has intentionally prohibited the |
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| 41 | 41 | | enforcement of the laws described by Subsection (b). |
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| 42 | 42 | | (e) Any citizen residing in the jurisdiction of an entity |
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| 43 | 43 | | described by Subsection (a) may file a complaint with the attorney |
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| 44 | 44 | | general if the citizen offers evidence to support an allegation |
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| 45 | 45 | | that the entity has adopted a rule, order, ordinance, or policy |
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| 46 | 46 | | under which the entity prohibits the enforcement of the laws |
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| 47 | 47 | | described by Subsection (b) or that the entity, by consistent |
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| 48 | 48 | | actions, prohibits the enforcement of those laws. The citizen must |
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| 49 | 49 | | include with the complaint the evidence the citizen has that |
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| 50 | 50 | | supports the complaint. |
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| 51 | 51 | | (f) If the attorney general determines that a complaint |
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| 52 | 52 | | filed under Subsection (e) against an entity described by |
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| 53 | 53 | | Subsection (a) is valid, the attorney general may file a petition |
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| 54 | 54 | | for a writ of mandamus or apply for other appropriate equitable |
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| 55 | 55 | | relief in a district court in Travis County or in a county in which |
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| 56 | 56 | | the principal office of an entity described by Subsection (a) is |
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| 57 | 57 | | located to compel the entity that adopts a rule, order, ordinance, |
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| 58 | 58 | | or policy under which the local entity prohibits the enforcement of |
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| 59 | 59 | | the laws described by Subsection (b) or that, by consistent |
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| 60 | 60 | | actions, prohibits the enforcement of those laws to comply with |
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| 61 | 61 | | Subsection (b). The attorney general may recover reasonable |
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| 62 | 62 | | expenses incurred in obtaining relief under this subsection, |
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| 63 | 63 | | including court costs, reasonable attorney's fees, investigative |
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| 64 | 64 | | costs, witness fees, and deposition costs. |
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| 65 | 65 | | (g) An appeal of a suit brought under Subsection (f) is |
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| 66 | 66 | | governed by the procedures for accelerated appeals in civil cases |
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| 67 | 67 | | under the Texas Rules of Appellate Procedure. The appellate court |
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| 68 | 68 | | shall render its final order or judgment with the least possible |
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| 69 | 69 | | delay. |
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| 70 | 70 | | SECTION 2. The heading to Chapter 370, Local Government |
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| 71 | 71 | | Code, is amended to read as follows: |
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| 72 | 72 | | CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND |
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| 73 | 73 | | COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE TYPE OF |
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| 74 | 74 | | LOCAL GOVERNMENT |
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| 75 | 75 | | SECTION 3. This Act takes effect immediately if it receives |
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| 76 | 76 | | a vote of two-thirds of all the members elected to each house, as |
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| 77 | 77 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 78 | 78 | | Act does not receive the vote necessary for immediate effect, this |
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| 79 | 79 | | Act takes effect September 1, 2015. |
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