Texas 2017 - 85th Regular

Texas House Bill HB1109 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R363 SCL-D
2	2	By: Schofield H.B. No. 1109
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement by certain governmental entities of
8	8	state and federal laws governing immigration.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 11, Local Government Code, is
11	11	amended by adding Chapter 364 to read as follows:
12	12	CHAPTER 364. ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS
13	13	Sec. 364.001. DEFINITIONS. In this chapter:
14	14	(1) "Immigration laws" means the laws of this state or
15	15	federal law relating to immigrants or immigration, including the
16	16	federal Immigration and Nationality Act (8 U.S.C. Section 1101 et
17	17	seq.).
18	18	(2) "Lawful detention" means the detention of an
19	19	individual by a local entity for the investigation of a criminal
20	20	offense. The term excludes a detention if the sole reason for the
21	21	detention is that the individual:
22	22	(A) is a victim of or witness to a criminal
23	23	offense; or
24	24	(B) is reporting a criminal offense.
25	25	(3) "Local entity" means:
26	26	(A) the governing body of a municipality, county,
27	27	or special district or authority, subject to Sections 364.002(a)
28	28	and (b);
29	29	(B) an officer or employee of or a division,
30	30	department, or other body that is part of a municipality, county, or
31	31	special district or authority, including a sheriff, municipal
32	32	police department, municipal attorney, or county attorney; and
33	33	(C) a district attorney or criminal district
34	34	attorney.
35	35	Sec. 364.002. APPLICABILITY OF CHAPTER. (a) This chapter
36	36	does not apply to a school district or open-enrollment charter
37	37	school. This chapter does not apply to the release of information
38	38	contained in education records of an educational agency or
39	39	institution, except in conformity with the Family Educational
40	40	Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
41	41	(b) This chapter does not apply to a hospital or hospital
42	42	district created under Subtitle C or D, Title 4, Health and Safety
43	43	Code, or a hospital district created under a general or special law
44	44	authorized by Article IX, Texas Constitution, to the extent that
45	45	the hospital or hospital district is providing access to or
46	46	delivering medical or health care services as required under the
47	47	following applicable federal or state laws:
48	48	(1) 42 U.S.C. Section 1395dd;
49	49	(2) 42 U.S.C. Section 1396b(v);
50	50	(3) Subchapter C, Chapter 61, Health and Safety Code;
51	51	(4) Chapter 81, Health and Safety Code; and
52	52	(5) Section 311.022, Health and Safety Code.
53	53	(c) Subsection (b) does not exclude the application of this
54	54	chapter to a commissioned peace officer employed by or commissioned
55	55	by a hospital or hospital district subject to Subsection (b).
56	56	Sec. 364.003. LOCAL GOVERNMENT POLICY REGARDING
57	57	IMMIGRATION ENFORCEMENT. (a) A local entity shall not adopt a
58	58	rule, order, ordinance, or policy under which the entity prohibits
59	59	the enforcement of immigration laws.
60	60	(b) In compliance with Subsection (a), a local entity shall
61	61	not prohibit a person who is a commissioned peace officer described
62	62	by Article 2.12, Code of Criminal Procedure, a corrections officer,
63	63	a booking clerk, a magistrate, or a district attorney, criminal
64	64	district attorney, or other prosecuting attorney and who is
65	65	employed by or otherwise under the direction or control of the
66	66	entity from doing any of the following:
67	67	(1) inquiring into the immigration status of a person
68	68	under a lawful detention or under arrest;
69	69	(2) with respect to information relating to the
70	70	immigration status, lawful or unlawful, of any person under a
71	71	lawful detention or under arrest:
72	72	(A) sending the information to or requesting or
73	73	receiving the information from United States Citizenship and
74	74	Immigration Services or United States Immigration and Customs
75	75	Enforcement, including information regarding a person's place of
76	76	birth;
77	77	(B) maintaining the information; or
78	78	(C) exchanging the information with another
79	79	local entity or a federal or state governmental entity;
80	80	(3) assisting or cooperating with a federal
81	81	immigration officer as reasonable and necessary, including
82	82	providing enforcement assistance; or
83	83	(4) permitting a federal immigration officer to enter
84	84	and conduct enforcement activities at a municipal or county jail to
85	85	enforce federal immigration laws.
86	86	Sec. 364.004. DISCRIMINATION PROHIBITED. A local entity or
87	87	a person employed by or otherwise under the direction or control of
88	88	the entity may not consider race, color, language, or national
89	89	origin while enforcing immigration laws except to the extent
90	90	permitted by the United States Constitution or Texas Constitution.
91	91	Sec. 364.005. CITIZEN COMPLAINT; EQUITABLE RELIEF. (a)
92	92	Any citizen residing in the jurisdiction of a local entity may file
93	93	a complaint with the attorney general if the citizen offers
94	94	evidence to support an allegation that the entity has adopted a
95	95	rule, order, ordinance, or policy under which the entity prohibits
96	96	the enforcement of immigration laws or that the entity, by
97	97	consistent actions, prohibits the enforcement of those laws. The
98	98	citizen must include with the complaint the evidence the citizen
99	99	has that supports the complaint.
100	100	(b) If the attorney general determines that a complaint
101	101	filed under Subsection (a) against a local entity is valid, the
102	102	attorney general shall, not later than the 10th day after the date
103	103	of the determination, provide written notification to the entity
104	104	that:
105	105	(1) the complaint has been filed;
106	106	(2) the attorney general has determined that the
107	107	complaint is valid;
108	108	(3) the attorney general is authorized to file an
109	109	action to enjoin the violation if the entity does not come into
110	110	compliance with the requirements of Section 364.003 on or before
111	111	the 90th day after the date the notification is provided; and
112	112	(4) the entity will be denied state funds for the state
113	113	fiscal year following the year in which a final judicial
114	114	determination in an action brought under Subsection (c) is made.
115	115	(c) If the attorney general determines that a complaint
116	116	filed under Subsection (a) against a local entity is valid, the
117	117	attorney general may file a petition for a writ of mandamus or apply
118	118	for other appropriate equitable relief in a district court in
119	119	Travis County or in a county in which the principal office of the
120	120	entity is located to compel the entity that adopts a rule, order,
121	121	ordinance, or policy under which the local entity prohibits the
122	122	enforcement of immigration laws or that, by consistent actions,
123	123	prohibits the enforcement of those laws to comply with Section
124	124	364.003. The attorney general may recover reasonable expenses
125	125	incurred in obtaining relief under this subsection, including court
126	126	costs, reasonable attorney's fees, investigative costs, witness
127	127	fees, and deposition costs.
128	128	(d) An appeal of a suit brought under Subsection (c) is
129	129	governed by the procedures for accelerated appeals in civil cases
130	130	under the Texas Rules of Appellate Procedure. The appellate court
131	131	shall render its final order or judgment with the least possible
132	132	delay.
133	133	Sec. 364.006. DENIAL OF STATE FUNDS. (a) A local entity
134	134	may not receive state funds if the entity adopts a rule, order,
135	135	ordinance, or policy under which the entity prohibits the
136	136	enforcement of immigration laws or, by consistent actions,
137	137	prohibits the enforcement of immigration laws.
138	138	(b) State funds for a local entity shall be denied for the
139	139	state fiscal year following the year in which a final judicial
140	140	determination in an action brought under Section 364.005 is made
141	141	that the entity has intentionally prohibited the enforcement of
142	142	immigration laws.
143	143	(c) The comptroller shall adopt rules to implement this
144	144	section uniformly among the state agencies from which state funds
145	145	are distributed to a municipality or county.
146	146	(d) A local entity that has not violated Section 364.003 may
147	147	not be denied state funds, regardless of whether the entity is a
148	148	part of another entity that is in violation of that section.
149	149	SECTION 2. This Act takes effect immediately if it receives
150	150	a vote of two-thirds of all the members elected to each house, as
151	151	provided by Section 39, Article III, Texas Constitution. If this
152	152	Act does not receive the vote necessary for immediate effect, this
153	153	Act takes effect September 1, 2017.