Texas 2017 - 85th Regular

Texas House Bill HB3698 Compare Versions

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

Old	New	Differences
1	1	85R10991 DMS-D
2	2	By: Isaac H.B. No. 3698
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the ineligibility of certain governmental entities that
8	8	prohibit or discourage the enforcement of immigration laws to
9	9	participate in and receive funds from the major events
10	10	reimbursement program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 11, Local Government Code, is
13	13	amended by adding Chapter 364 to read as follows:
14	14	CHAPTER 364. ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS
15	15	Sec. 364.001. DEFINITIONS. In this chapter:
16	16	(1) "Immigration detainer" means a United States
17	17	Department of Homeland Security Form I-247 or a similar or
18	18	successor form that requests a local entity to maintain temporary
19	19	custody of an alien for the federal government.
20	20	(2) "Immigration laws" means the laws of this state or
21	21	federal law relating to immigrants or immigration, including the
22	22	federal Immigration and Nationality Act (8 U.S.C. Section 1101 et
23	23	seq.).
24	24	(3) "Lawful detention" means the detention of an
25	25	individual by a local entity for the investigation of a criminal
26	26	offense. The term excludes a detention if the sole reason for the
27	27	detention is that the individual:
28	28	(A) is a victim of or witness to a criminal
29	29	offense; or
30	30	(B) is reporting a criminal offense.
31	31	(4) "Local entity" means the governing body of a
32	32	municipality or county.
33	33	(5) "Policy" includes a formal, written rule, order,
34	34	ordinance, or policy and an informal, unwritten policy.
35	35	Sec. 364.002. LOCAL GOVERNMENT POLICY REGARDING
36	36	IMMIGRATION ENFORCEMENT. (a) A local entity shall not adopt,
37	37	enforce, or endorse a policy under which the entity prohibits or
38	38	discourages the enforcement of immigration laws.
39	39	(b) In compliance with Subsection (a), a local entity shall
40	40	not prohibit or discourage a person who is a commissioned peace
41	41	officer described by Article 2.12, Code of Criminal Procedure, a
42	42	corrections officer, a booking clerk, a magistrate, or a district
43	43	attorney, criminal district attorney, or other prosecuting
44	44	attorney and who is employed by or otherwise under the direction or
45	45	control of the entity from doing any of the following:
46	46	(1) inquiring into the immigration status of a person
47	47	under a lawful detention or under arrest;
48	48	(2) with respect to information relating to the
49	49	immigration status, lawful or unlawful, of any person under a
50	50	lawful detention or under arrest:
51	51	(A) sending the information to or requesting or
52	52	receiving the information from United States Citizenship and
53	53	Immigration Services or United States Immigration and Customs
54	54	Enforcement, including information regarding a person's place of
55	55	birth;
56	56	(B) maintaining the information; or
57	57	(C) exchanging the information with another
58	58	local entity or a federal or state governmental entity;
59	59	(3) assisting or cooperating with a federal
60	60	immigration officer as reasonable or necessary, including
61	61	providing enforcement assistance; or
62	62	(4) permitting a federal immigration officer to enter
63	63	and conduct enforcement activities at a municipal or county jail to
64	64	enforce federal immigration laws.
65	65	Sec. 364.003. DISCRIMINATION PROHIBITED. A local entity or
66	66	a person employed by or otherwise under the direction or control of
67	67	the entity may not consider race, color, language, or national
68	68	origin while enforcing immigration laws except to the extent
69	69	permitted by the United States Constitution or Texas Constitution.
70	70	Sec. 364.004. COMPLAINT; EQUITABLE RELIEF. (a) Any
71	71	person, including the federal government, may file a complaint with
72	72	the attorney general if the person offers evidence to support an
73	73	allegation that a local entity has adopted, enforced, or endorsed a
74	74	policy under which the entity prohibits or discourages the
75	75	enforcement of immigration laws or that the entity, by consistent
76	76	actions, prohibits or discourages the enforcement of those laws.
77	77	The person must include with the complaint the evidence the person
78	78	has that supports the complaint.
79	79	(b) A local entity for which the attorney general has
80	80	received a complaint under Subsection (a) shall comply with a
81	81	document request, including a request for supporting documents,
82	82	from the attorney general related to the complaint.
83	83	(c) If the attorney general determines that a complaint
84	84	filed under Subsection (a) against a local entity is valid, the
85	85	attorney general shall, not later than the 10th day after the date
86	86	of the determination, provide written notification to the entity:
87	87	(1) that the complaint has been filed;
88	88	(2) that the attorney general has determined that the
89	89	complaint is valid;
90	90	(3) that the attorney general is authorized to file an
91	91	action to enjoin the violation if the entity does not come into
92	92	compliance with the requirements of Section 364.002 on or before
93	93	the 90th day after the date the notification is provided; and
94	94	(4) if the local entity is the governing body of, or an
95	95	officer or employee of a municipality or county that the
96	96	municipality or county, as applicable, in which the local entity
97	97	governs or operates, or over which the local entity has
98	98	jurisdiction, will be ineligible from participation as an endorsing
99	99	municipality or endorsing county or from receipt of disbursements
100	100	from a fund described by Section 364.005(a) for a period of five
101	101	years beginning on the date a final judicial determination in an
102	102	action brought under Subsection (e) is made.
103	103	(d) Not later than the 30th day after the date a local entity
104	104	receives written notification under Subsection (c), the local
105	105	entity shall provide the attorney general with a copy of:
106	106	(1) the entity's written policies related to
107	107	immigration enforcement actions;
108	108	(2) each immigration detainer received by the entity
109	109	from the United States Department of Homeland Security; and
110	110	(3) each response sent by the entity for a detainer
111	111	described by Subdivision (2).
112	112	(e) If the attorney general determines that a complaint
113	113	filed under Subsection (a) against a local entity is valid, the
114	114	attorney general may file a petition for a writ of mandamus or apply
115	115	for other appropriate equitable relief in a district court in
116	116	Travis County or in a county in which the principal office of the
117	117	entity is located to compel the entity that adopts, enforces, or
118	118	endorses a policy under which the local entity prohibits or
119	119	discourages the enforcement of immigration laws or that, by
120	120	consistent actions, prohibits or discourages the enforcement of
121	121	those laws to comply with Section 364.002. The attorney general may
122	122	recover reasonable expenses incurred in obtaining relief under this
123	123	subsection, including court costs, reasonable attorney's fees,
124	124	investigative costs, witness fees, and deposition costs.
125	125	(f) An appeal of a suit brought under Subsection (e) is
126	126	governed by the procedures for accelerated appeals in civil cases
127	127	under the Texas Rules of Appellate Procedure. The appellate court
128	128	shall render its final order or judgment with the least possible
129	129	delay.
130	130	Sec. 364.005. PARTICIPATION IN OR DISBURSEMENTS FROM MAJOR
131	131	EVENTS REIMBURSEMENT PROGRAM PROHIBITED. (a) A municipality or
132	132	county may not participate as an endorsing municipality or
133	133	endorsing county under, and is ineligible for receipt of a
134	134	disbursement from a fund established under, Section 5A, Chapter
135	135	1507 (S.B. 456), Acts of the 76th Legislature, Regular Session,
136	136	1999 (Article 5190.14, Vernon's Texas Civil Statutes), if a final
137	137	judicial determination in the action is made that a local entity
138	138	governing or operating in, or with jurisdiction over, the
139	139	municipality or county, as applicable, has intentionally
140	140	prohibited or discouraged the enforcement of immigration laws or,
141	141	by consistent actions, prohibits or discourages the enforcement of
142	142	immigration laws.
143	143	(b) A municipality's or county's ineligibility from
144	144	participation as an endorsing municipality or endorsing county or
145	145	receipt of disbursements under Subsection (a) expires on the fifth
146	146	anniversary of the date the final judicial determination in the
147	147	action brought under Section 364.004 is made.
148	148	SECTION 2. Section 364.005, Local Government Code, as added
149	149	by this Act, applies only to a request to the Texas Economic
150	150	Development and Tourism Office submitted by an endorsing
151	151	municipality or endorsing county for receipt of a disbursement from
152	152	a fund established under Section 5A, Chapter 1507 (S.B. 456), Acts
153	153	of the 76th Legislature, Regular Session, 1999 (Article 5190.14,
154	154	Vernon's Texas Civil Statutes), on or after the effective date of
155	155	this Act. A request submitted by an endorsing municipality or
156	156	endorsing county before the effective date of this Act is governed
157	157	by the law in effect on the date the request is submitted, and the
158	158	former law is continued in effect for that purpose.
159	159	SECTION 3. This Act takes effect September 1, 2017.