Texas House Bill HB1109

Texas 2017 - 85th Regular

Caption

Relating to the enforcement by certain governmental entities of state and federal laws governing immigration.

Impact

The most significant implication of HB1109 is its potential to reshape how local governments interact with federal immigration enforcement. Local entities found to be in violation of this law could face significant penalties, including the loss of state funding. Specifically, a local entity that adopts prohibitive policies regarding immigration enforcement could be denied state funds for the following fiscal year upon a formal determination by the attorney general. This structure is aimed at ensuring compliance among local governments and aligning their policies with federal standards.

Summary

House Bill 1109 addresses the enforcement of state and federal immigration laws by certain local entities within Texas. The bill explicitly prohibits local governments from enacting policies that would restrict the enforcement of these immigration laws. In essence, local entities—including municipalities, counties, and special districts—are mandated to cooperate with federal immigration authorities and cannot adopt any regulations that could be viewed as hindering the enforcement of immigration laws. This stipulation is set forth in a newly established Chapter 364 of the Local Government Code.

Contention

The bill has sparked notable discussion and critique among lawmakers and advocacy groups. Proponents argue that it fortifies public safety by enabling law enforcement to effectively address immigration issues and maintain cooperation with federal agencies. Conversely, opponents view it as an infringement on local control and a potential mechanism for racial discrimination, given that the burden of enforcement may disproportionately affect minority communities. The bill includes provisions to prohibit discrimination based on race, color, language, or national origin, but critics remain concerned about practical enforcement of this clause.

Enforcement_mechanisms

To bolster compliance, the bill allows citizens to file complaints with the attorney general against local entities that violate the policy, initiating an investigation into the circumstances surrounding the alleged non-compliance. Should investigations confirm violations, the attorney general is empowered to seek legal remedies, including the denial of state funding. Additionally, the statute mandates that complaints must be substantiated with evidence, thereby establishing a formal mechanism for oversight and enforcement at the state level.