Texas 2015 - 84th Regular

Texas Senate Bill SB185 Compare Versions

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Version 2 (New)

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1	1	By: Perry, Campbell, Hall S.B. No. 185
2	2	(In the Senate - Filed November 17, 2014; January 27, 2015,
3	3	read first time and referred to Subcommittee on Border Security;
4	4	April 6, 2015, reported adversely, with favorable Committee
5	5	Substitute to Committee on Veteran Affairs and Military
6	6	Installations; April 13, 2015, reported adversely, with favorable
7	7	Committee Substitute by the following vote: Yeas 4, Nays 3;
8	8	April 13, 2015, sent to printer.)
9	9	Click here to see the committee vote
10	10	COMMITTEE SUBSTITUTE FOR S.B. No. 185 By: Birdwell
11	11
12	12
13	13	A BILL TO BE ENTITLED
14	14	AN ACT
15	15	relating to the enforcement of state and federal laws governing
16	16	immigration by certain governmental entities.
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 the following entities:
23	23	(1) the governing body of a municipality, county, or
24	24	special district or authority, subject to Subsections (b) and (c);
25	25	(2) an officer, employee, or other body that is part of
26	26	a municipality, county, or special district or authority, including
27	27	a sheriff, municipal police department, municipal attorney, or
28	28	county attorney; and
29	29	(3) a district attorney or criminal district attorney.
30	30	(b) This section does not apply to a school district or
31	31	open-enrollment charter school. This section does not apply to the
32	32	release of information contained in education records of an
33	33	educational agency or institution, except in conformity with the
34	34	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
35	35	Section 1232g).
36	36	(c) This section does not apply to a hospital or hospital
37	37	district created under Subtitle C or D, Title 4, Health and Safety
38	38	Code, or a hospital district created under a general or special law
39	39	authorized by Article IX, Texas Constitution, to the extent that
40	40	the hospital or hospital district is providing access to or
41	41	delivering medical or health care services as required under the
42	42	following applicable federal or state laws:
43	43	(1) 42 U.S.C. Section 1395dd;
44	44	(2) 42 U.S.C. Section 1396b(v);
45	45	(3) Subchapter C, Chapter 61, Health and Safety Code;
46	46	(4) Chapter 81, Health and Safety Code; and
47	47	(5) Section 311.022, Health and Safety Code.
48	48	(d) Subsection (c) does not exclude the application of this
49	49	section to a commissioned peace officer employed by or commissioned
50	50	by a hospital or hospital district subject to Subsection (c).
51	51	(e) An entity described by Subsection (a) shall not adopt a
52	52	rule, order, ordinance, or policy under which the entity prohibits
53	53	the enforcement of the laws of this state or federal law relating to
54	54	immigrants or immigration, including the federal Immigration and
55	55	Nationality Act (8 U.S.C. Section 1101 et seq.).
56	56	(f) In compliance with Subsection (e), an entity described
57	57	by Subsection (a) shall not prohibit a person who is a commissioned
58	58	peace officer described by Article 2.12, Code of Criminal
59	59	Procedure, a corrections officer, a booking clerk, a magistrate, or
60	60	a district attorney, criminal district attorney, or other
61	61	prosecuting attorney and who is employed by or otherwise under the
62	62	direction or control of the entity from doing any of the following:
63	63	(1) inquiring into the immigration status of a person
64	64	lawfully detained for the investigation of a criminal offense or
65	65	arrested;
66	66	(2) with respect to information relating to the
67	67	immigration status, lawful or unlawful, of any person lawfully
68	68	detained for the investigation of a criminal offense or arrested:
69	69	(A) sending the information to or requesting or
70	70	receiving the information from United States Citizenship and
71	71	Immigration Services or United States Immigration and Customs
72	72	Enforcement, including information regarding a person's place of
73	73	birth;
74	74	(B) maintaining the information; or
75	75	(C) exchanging the information with another
76	76	federal, state, or local governmental entity;
77	77	(3) assisting or cooperating with a federal
78	78	immigration officer as reasonable and necessary, including
79	79	providing enforcement assistance; or
80	80	(4) permitting a federal immigration officer to enter
81	81	and conduct enforcement activities at a municipal or county jail to
82	82	enforce federal immigration laws.
83	83	(f-1) For purposes of Subsection (f), a person is not
84	84	considered lawfully detained if the sole reason for the detention
85	85	is that the person is:
86	86	(1) a victim of or witness to a criminal offense; or
87	87	(2) reporting a criminal offense.
88	88	(g) An entity described by Subsection (a) or a person
89	89	employed by or otherwise under the direction or control of the
90	90	entity may not consider race, color, language, or national origin
91	91	while enforcing the laws described by Subsection (e) except to the
92	92	extent permitted by the United States Constitution or the Texas
93	93	Constitution.
94	94	(h) Any citizen residing in the jurisdiction of an entity
95	95	described by Subsection (a) may file a complaint with the attorney
96	96	general if the citizen offers evidence to support an allegation
97	97	that the entity has adopted a rule, order, ordinance, or policy
98	98	under which the entity prohibits the enforcement of the laws
99	99	described by Subsection (e) or that the entity, by consistent
100	100	actions, prohibits the enforcement of those laws. The citizen must
101	101	include with the complaint the evidence the citizen has that
102	102	supports the complaint.
103	103	(i) If the attorney general determines that a complaint
104	104	filed under Subsection (h) against an entity described by
105	105	Subsection (a) is valid, the attorney general shall, not later than
106	106	the 10th day after the date of the determination, provide written
107	107	notification to the entity that:
108	108	(1) the complaint has been filed;
109	109	(2) the attorney general has determined that the
110	110	complaint is valid;
111	111	(3) the attorney general is authorized to file an
112	112	action to enjoin the violation if the entity does not come into
113	113	compliance with the requirements of this section on or before the
114	114	90th day after the date the notification is provided; and
115	115	(4) the entity will be denied state funds for the state
116	116	fiscal year following the year in which a final judicial
117	117	determination in an action brought under Subsection (j) is made.
118	118	(j) If the attorney general determines that a complaint
119	119	filed under Subsection (h) against an entity described by
120	120	Subsection (a) is valid, the attorney general may file a petition
121	121	for a writ of mandamus or apply for other appropriate equitable
122	122	relief in a district court in Travis County or in a county in which
123	123	the principal office of an entity described by Subsection (a) is
124	124	located to compel the entity that adopts a rule, order, ordinance,
125	125	or policy under which the local entity prohibits the enforcement of
126	126	the laws described by Subsection (e) or that, by consistent
127	127	actions, prohibits the enforcement of those laws to comply with
128	128	Subsection (e). The attorney general may recover reasonable
129	129	expenses incurred in obtaining relief under this subsection,
130	130	including court costs, reasonable attorney's fees, investigative
131	131	costs, witness fees, and deposition costs.
132	132	(k) An appeal of a suit brought under Subsection (j) is
133	133	governed by the procedures for accelerated appeals in civil cases
134	134	under the Texas Rules of Appellate Procedure. The appellate court
135	135	shall render its final order or judgment with the least possible
136	136	delay.
137	137	(l) An entity described by Subsection (a) may not receive
138	138	state funds if the entity adopts a rule, order, ordinance, or policy
139	139	under which the entity prohibits the enforcement of the laws
140	140	described by Subsection (e) or, by consistent actions, prohibits
141	141	the enforcement of those laws. State funds for the entity shall be
142	142	denied for the state fiscal year following the year in which a final
143	143	judicial determination in an action brought under Subsection (j) is
144	144	made that the entity has intentionally prohibited the enforcement
145	145	of the laws described by Subsection (e). The comptroller shall
146	146	adopt rules to implement this subsection uniformly among the state
147	147	agencies from which state funds are distributed to a municipality
148	148	or county.
149	149	(m) An entity described by Subsection (a) that complies with
150	150	this section may not be denied state funds, regardless of whether
151	151	the entity is a part of another entity that is in violation of this
152	152	section.
153	153	SECTION 2. The heading to Chapter 370, Local Government
154	154	Code, is amended to read as follows:
155	155	CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL
156	156	AND COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE
157	157	TYPE OF LOCAL GOVERNMENT
158	158	SECTION 3. This Act takes effect immediately if it receives
159	159	a vote of two-thirds of all the members elected to each house, as
160	160	provided by Section 39, Article III, Texas Constitution. If this
161	161	Act does not receive the vote necessary for immediate effect, this
162	162	Act takes effect September 1, 2015.
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