Texas 2017 - 85th Regular

Texas House Bill HB328 Compare Versions

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

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1	1	85R3116 ADM-F
2	2	By: Workman H.B. No. 328
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state and federal laws regarding immigrants or
8	8	immigration, including the enforcement of those laws by certain
9	9	governmental entities and the use of consular identity documents
10	10	for certain purposes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 101, Civil Practice and
13	13	Remedies Code, is amended by adding Section 101.0216 to read as
14	14	follows:
15	15	Sec. 101.0216. LIABILITY OF LOCAL GOVERNMENT FOR FAILURE TO
16	16	ENFORCE FEDERAL IMMIGRATION LAWS. (a) In this section:
17	17	(1) "Lawful detention" has the meaning assigned by
18	18	Section 364.001, Local Government Code.
19	19	(2) "Local government" means a municipality, county,
20	20	or special district or authority.
21	21	(b) Notwithstanding Section 101.051, this section applies
22	22	to a junior college district, and this chapter applies to a junior
23	23	college district with respect to this section.
24	24	(c) This section does not apply to an entity to which
25	25	Chapter 364, Local Government Code, does not apply.
26	26	(d) Except as provided by this subsection, if a local
27	27	government fails to assist or cooperate with a federal immigration
28	28	officer, as reasonable and necessary to enforce federal immigration
29	29	laws with respect to an individual who is under a lawful detention
30	30	or under arrest, and who is then released by the local government,
31	31	the local government is liable for damages arising from the
32	32	individual's actions following release. This section does not
33	33	create liability for damages sustained by the individual following
34	34	release.
35	35	SECTION 2. Chapter 2, Code of Criminal Procedure, is
36	36	amended by adding Articles 2.251 and 2.252 to read as follows:
37	37	Art. 2.251. DUTIES RELATED TO ARRESTED PERSON. (a) Not
38	38	later than 48 hours after a person is arrested and before the person
39	39	is released on bond, a law enforcement agency performing the
40	40	booking process shall:
41	41	(1) review any information available under the federal
42	42	Priority Enforcement Program operated by United States Immigration
43	43	and Customs Enforcement or a successor program; or
44	44	(2) request information regarding the person's
45	45	immigration status from:
46	46	(A) a peace officer or other law enforcement
47	47	officer of this state who is authorized under federal law to verify
48	48	a person's immigration status; or
49	49	(B) a federal immigration officer, in accordance
50	50	with 8 U.S.C. Section 1373(c).
51	51	(b) A law enforcement agency is not required to perform the
52	52	duties imposed by Subsection (a) with respect to a person who is
53	53	transferred to the custody of the agency by another law enforcement
54	54	agency if the transferring agency performed those duties before
55	55	transferring custody of the person.
56	56	Art. 2.252. DUTIES RELATED TO IMMIGRATION DETAINER. A law
57	57	enforcement agency that has custody of a person subject to an
58	58	immigration detainer issued by United States Immigration and
59	59	Customs Enforcement shall:
60	60	(1) provide to the judge or magistrate authorized to
61	61	grant or deny the person's release on bail under Chapter 17 notice
62	62	that the person is subject to an immigration detainer; and
63	63	(2) detain the person as required by the immigration
64	64	detainer.
65	65	SECTION 3. Subchapter B, Chapter 402, Government Code, is
66	66	amended by adding Section 402.034 to read as follows:
67	67	Sec. 402.034. GOVERNMENTAL ENTITY VIOLATORS DATABASE:
68	68	IMMIGRATION RELATED LAWS. (a) In this section:
69	69	(1) "Governmental entity" has the meaning assigned by
70	70	Section 2057.001.
71	71	(2) "Immigration laws" and "local entity" have the
72	72	meanings assigned by Section 364.001, Local Government Code.
73	73	(b) The attorney general shall establish and maintain a
74	74	computerized database containing information with respect to:
75	75	(1) each local entity for which a final judicial
76	76	determination in an action brought under Section 364.005, Local
77	77	Government Code, is made that the entity has intentionally
78	78	prohibited the enforcement of immigration laws; and
79	79	(2) each governmental entity for which a determination
80	80	by the attorney general under Section 2057.004 is made that the
81	81	entity has accepted, recognized, or relied on a consular identity
82	82	document in violation of Chapter 2057.
83	83	(c) The attorney general shall make the database accessible
84	84	to the public on the attorney general's Internet website.
85	85	(d) The attorney general shall adopt rules as necessary to
86	86	administer this section.
87	87	SECTION 4. Subtitle B, Title 10, Government Code, is
88	88	amended by adding Chapter 2057 to read as follows:
89	89	CHAPTER 2057. RECOGNITION OF CONSULAR IDENTITY DOCUMENTS
90	90	Sec. 2057.001. DEFINITION. In this chapter, "governmental
91	91	entity" means:
92	92	(1) a board, commission, department, or other agency
93	93	of this state, including an institution of higher education as
94	94	defined by Section 61.003, Education Code; and
95	95	(2) a political subdivision of this state.
96	96	Sec. 2057.002. GOVERNMENTAL RECOGNITION OF CONSULAR
97	97	IDENTITY DOCUMENT OF APPLICANT FOR PUBLIC BENEFIT OR SERVICE. In
98	98	the provision by a governmental entity of a state or local public
99	99	benefit or service that requires the applicant for or recipient of
100	100	the public benefit or service to verify the applicant's or
101	101	recipient's identity, the governmental entity may not accept,
102	102	recognize, or rely on an identity document issued to the applicant
103	103	or recipient by a consular office or consular official of another
104	104	country, including a matricula consular issued by a consular office
105	105	of the United Mexican States located in this country, as primary,
106	106	secondary, or supporting evidence of the applicant's or recipient's
107	107	identity.
108	108	Sec. 2057.003. GOVERNMENTAL RECOGNITION OF CONSULAR
109	109	IDENTITY DOCUMENT OF APPLICANT FOR PUBLIC EMPLOYMENT. A
110	110	governmental entity may not accept, recognize, or rely on an
111	111	identity document issued to the applicant by a consular office or
112	112	consular official of another country, including a matricula
113	113	consular issued by a consular office of the United Mexican States
114	114	located in this country, as primary, secondary, or supporting
115	115	evidence of the identity of an applicant for employment by the
116	116	governmental entity.
117	117	Sec. 2057.004. CITIZEN COMPLAINT; ATTORNEY GENERAL
118	118	DETERMINATION. (a) Subject to Subsection (b), any citizen of this
119	119	state may file a complaint with the attorney general if the citizen
120	120	offers evidence to support an allegation that a governmental entity
121	121	has accepted, recognized, or relied on a consular identity document
122	122	in violation of this chapter. The citizen must include with the
123	123	complaint the evidence the citizen has that supports the complaint.
124	124	(b) If the complaint alleges that a political subdivision of
125	125	this state accepted, recognized, or relied on a consular identity
126	126	document in violation of this chapter, the citizen must reside in
127	127	the jurisdiction of the political subdivision.
128	128	(c) The attorney general shall determine whether a
129	129	complaint filed under this section is valid.
130	130	(d) If the attorney general determines that a complaint is
131	131	valid, the attorney general shall, not later than the 10th day after
132	132	the date of the determination, provide written notification to the
133	133	entity that:
134	134	(1) the complaint has been filed;
135	135	(2) the attorney general has determined that the
136	136	complaint is valid; and
137	137	(3) information with respect to the determination has
138	138	been included on the governmental entity violators database
139	139	maintained by the attorney general as provided by Section 402.034.
140	140	SECTION 5. Subtitle C, Title 11, Local Government Code, is
141	141	amended by adding Chapter 364 to read as follows:
142	142	CHAPTER 364. ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS
143	143	Sec. 364.001. DEFINITIONS. In this chapter:
144	144	(1) "Immigration laws" means the laws of this state or
145	145	federal law relating to immigrants or immigration, including the
146	146	federal Immigration and Nationality Act (8 U.S.C. Section 1101 et
147	147	seq.).
148	148	(2) "Lawful detention" means the detention of an
149	149	individual by a local entity for the investigation of a criminal
150	150	offense. The term excludes a detention if the sole reason for the
151	151	detention is that the individual:
152	152	(A) is a victim of or witness to a criminal
153	153	offense; or
154	154	(B) is reporting a criminal offense.
155	155	(3) "Local entity" means:
156	156	(A) the governing body of a municipality, county,
157	157	or special district or authority, subject to Sections 364.002(a)
158	158	and (b);
159	159	(B) an officer, employee, or other body that is
160	160	part of a municipality, county, or special district or authority,
161	161	including a sheriff, municipal police department, municipal
162	162	attorney, or county attorney; or
163	163	(C) a district attorney or criminal district
164	164	attorney.
165	165	Sec. 364.002. APPLICABILITY. (a) This chapter does not
166	166	apply to a school district or open-enrollment charter school. This
167	167	chapter does not apply to the release of information contained in
168	168	education records of an educational agency or institution, except
169	169	in conformity with the Family Educational Rights and Privacy Act of
170	170	1974 (20 U.S.C. Section 1232g).
171	171	(b) This chapter does not apply to a hospital or hospital
172	172	district created under Subtitle C or D, Title 4, Health and Safety
173	173	Code, or a hospital district created under a general or special law
174	174	authorized by Article IX, Texas Constitution, to the extent that
175	175	the hospital or hospital district is providing access to or
176	176	delivering medical or health care services as required under the
177	177	following applicable federal or state laws:
178	178	(1) 42 U.S.C. Section 1395dd;
179	179	(2) 42 U.S.C. Section 1396b(v);
180	180	(3) Subchapter C, Chapter 61, Health and Safety Code;
181	181	(4) Chapter 81, Health and Safety Code; and
182	182	(5) Section 311.022, Health and Safety Code.
183	183	(c) Subsection (b) does not exclude the application of this
184	184	chapter to a commissioned peace officer employed by or commissioned
185	185	by a hospital or hospital district subject to Subsection (b).
186	186	Sec. 364.003. LOCAL GOVERNMENT POLICY REGARDING
187	187	IMMIGRATION ENFORCEMENT. (a) A local entity shall not adopt a
188	188	rule, order, ordinance, or policy under which the entity prohibits
189	189	the enforcement of immigration laws.
190	190	(b) A local entity shall inquire into the immigration status
191	191	of a person under a lawful detention.
192	192	(c) In compliance with this section, a local entity shall
193	193	not prohibit a person who is a commissioned peace officer described
194	194	by Article 2.12, Code of Criminal Procedure, a corrections officer,
195	195	a booking clerk, a magistrate, or a district attorney, criminal
196	196	district attorney, or other prosecuting attorney and who is
197	197	employed by or otherwise under the direction or control of the
198	198	entity from doing any of the following:
199	199	(1) inquiring into the immigration status of a person
200	200	under a lawful detention or under arrest;
201	201	(2) with respect to information relating to the
202	202	immigration status, lawful or unlawful, of any person under a
203	203	lawful detention or under arrest:
204	204	(A) sending the information to or requesting or
205	205	receiving the information from United States Citizenship and
206	206	Immigration Services or United States Immigration and Customs
207	207	Enforcement, including information regarding a person's place of
208	208	birth;
209	209	(B) maintaining the information; or
210	210	(C) exchanging the information with another
211	211	local entity or a federal or state governmental entity;
212	212	(3) assisting or cooperating with a federal
213	213	immigration officer as reasonable and necessary, including
214	214	providing enforcement assistance; or
215	215	(4) permitting a federal immigration officer to enter
216	216	and conduct enforcement activities at a municipal or county jail to
217	217	enforce federal immigration laws.
218	218	Sec. 364.004. CONSIDERATION OF CERTAIN CHARACTERISTICS
219	219	PROHIBITED. A local entity or a person employed by or otherwise
220	220	under the direction or control of the entity may not consider race,
221	221	color, language, or national origin while enforcing immigration
222	222	laws except to the extent permitted by the United States
223	223	Constitution or Texas Constitution.
224	224	Sec. 364.005. CITIZEN COMPLAINT; EQUITABLE RELIEF. (a)
225	225	Any citizen residing in the jurisdiction of a local entity may file
226	226	a complaint with the attorney general if the citizen offers
227	227	evidence to support an allegation that the entity has adopted a
228	228	rule, order, ordinance, or policy under which the entity prohibits
229	229	the enforcement of immigration laws or that the entity, by
230	230	consistent actions, prohibits the enforcement of immigration laws.
231	231	The citizen must include with the complaint the evidence the
232	232	citizen has that supports the complaint.
233	233	(b) If the attorney general determines that a complaint
234	234	filed under Subsection (a) against a local entity is valid, the
235	235	attorney general shall, not later than the 10th day after the date
236	236	of the determination, provide written notification to the entity
237	237	that:
238	238	(1) the complaint has been filed;
239	239	(2) the attorney general has determined that the
240	240	complaint is valid;
241	241	(3) the attorney general is authorized to file an
242	242	action to enjoin the violation if the entity does not come into
243	243	compliance with the requirements of Section 364.003 on or before
244	244	the 90th day after the date the notification is provided; and
245	245	(4) the entity will be denied state funds for the state
246	246	fiscal year following the year in which a final judicial
247	247	determination in an action brought under Subsection (c) is made.
248	248	(c) If the attorney general determines that a complaint
249	249	filed under Subsection (a) against a local entity is valid, the
250	250	attorney general may file a petition for a writ of mandamus or apply
251	251	for other appropriate equitable relief in a district court in
252	252	Travis County or in a county in which the principal office of the
253	253	entity is located to compel the entity that adopts a rule, order,
254	254	ordinance, or policy under which the local entity prohibits the
255	255	enforcement of immigration laws or that, by consistent actions,
256	256	prohibits the enforcement of immigration laws to comply with
257	257	Section 364.003. The attorney general may recover reasonable
258	258	expenses incurred in obtaining relief under this subsection,
259	259	including court costs, reasonable attorney's fees, investigative
260	260	costs, witness fees, and deposition costs.
261	261	(d) An appeal of a suit brought under Subsection (c) is
262	262	governed by the procedures for accelerated appeals in civil cases
263	263	under the Texas Rules of Appellate Procedure. The appellate court
264	264	shall render its final order or judgment with the least possible
265	265	delay.
266	266	Sec. 364.006. REMITTANCE OF STATE HEALTH AND EDUCATION
267	267	COSTS. (a) If a final judicial determination under Section 364.005
268	268	is made that a local entity intentionally prohibited the
269	269	enforcement of immigration laws, the attorney general shall provide
270	270	written notice to the Legislative Budget Board of the violation.
271	271	(b) On receipt of the notice, the Legislative Budget Board
272	272	shall:
273	273	(1) determine any health and education costs incurred
274	274	by the state because of the violation; and
275	275	(2) provide a written report of those costs to the
276	276	attorney general, the comptroller, and the local entity.
277	277	(c) The local entity shall remit to the comptroller the
278	278	amount reported under Subsection (b), and the comptroller shall
279	279	deposit the remitted amount in the general revenue fund. If the
280	280	local entity is a part of another local entity, that other entity
281	281	may remit the amount on behalf of the local entity.
282	282	Sec. 364.007. DENIAL OF STATE FUNDS. (a) A local entity
283	283	may not receive state funds if the entity adopts a rule, order,
284	284	ordinance, or policy under which the entity prohibits the
285	285	enforcement of immigration laws or, by consistent actions,
286	286	prohibits the enforcement of immigration laws.
287	287	(b) State funds for a local entity shall be denied for the
288	288	state fiscal year following the year in which a final judicial
289	289	determination in an action brought under Section 364.005 is made
290	290	that the entity has intentionally prohibited the enforcement of
291	291	immigration laws.
292	292	(c) The comptroller shall adopt rules to implement this
293	293	section uniformly among the state agencies from which state funds
294	294	are distributed to a municipality or county.
295	295	(d) A local entity that has not violated Section 364.003 may
296	296	not be denied state funds, regardless of whether the entity is a
297	297	part of another entity that is in violation of that section.
298	298	Sec. 364.008. LAW ENFORCEMENT OFFICIAL INDEMNIFICATION.
299	299	Unless the law enforcement official was acting in bad faith, a local
300	300	entity shall indemnify a law enforcement official of the entity for
301	301	reasonable expenses and costs, including attorney's fees, incurred
302	302	by the official in connection with a claim asserted against the
303	303	official because of the official's compliance with this chapter.
304	304	SECTION 6. This Act takes effect immediately if it receives
305	305	a vote of two-thirds of all the members elected to each house, as
306	306	provided by Section 39, Article III, Texas Constitution. If this
307	307	Act does not receive the vote necessary for immediate effect, this
308	308	Act takes effect September 1, 2017.