85R4759 SCL/TJB-D
By: Estes S.B. No. 619
A BILL TO BE ENTITLED
AN ACT
relating to county and municipal cooperation with state and federal
immigration law enforcement and efforts to enhance international
border security.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 11, Local Government Code, is
amended by adding Chapter 364 to read as follows:
CHAPTER 364. STATE AND FEDERAL IMMIGRATION LAW ENFORCEMENT AND
ENHANCEMENT OF INTERNATIONAL BORDER SECURITY
Sec. 364.001. DEFINITIONS. In this chapter:
(1) "Immigration detainer request" means a United
States Department of Homeland Security Form I-247 or a similar or
successor form that requests a local entity to maintain temporary
custody of an alien for the federal government.
(2) "Immigration laws" means the laws of this state or
federal law relating to immigrants or immigration, including the
federal Immigration and Nationality Act (8 U.S.C. Section 1101 et
seq.).
Sec. 364.002. IMMIGRATION AND BORDER SECURITY ORDER OR
ORDINANCE REQUIRED; COMPTROLLER DATABASE. (a) The commissioners
court of each county and the governing body of each municipality in
this state shall:
(1) adopt and enforce an order or ordinance, as
appropriate, that requires the county or municipality to cooperate
with:
(A) state and federal law enforcement in
enforcing immigration laws; and
(B) for counties containing an international
border and municipalities located wholly or partly in those
counties, state and federal efforts to enhance international border
security; and
(2) submit a written copy of the order or ordinance to
the comptroller.
(b) The comptroller shall establish and maintain a database
of counties and municipalities that comply with this section.
Sec. 364.003. COMPLAINT; EQUITABLE RELIEF. (a) Any
person, including the federal government, may file a complaint with
the attorney general if the person offers evidence to support an
allegation that a county or municipality has failed to comply with
Section 364.002. The person must include with the complaint the
evidence the person has that supports the complaint.
(b) A county or municipality for which the attorney general
has received a complaint under Subsection (a) shall comply with a
document request, including a request for supporting documents,
from the attorney general related to the complaint.
(c) If the attorney general determines that a complaint
filed under Subsection (a) against a county or municipality is
valid, the attorney general shall, not later than the 10th day after
the date of the determination, provide written notification to the
county or municipality that:
(1) the complaint has been filed;
(2) the attorney general has determined that the
complaint is valid;
(3) the attorney general is authorized to file an
action to enjoin the violation if the county or municipality does
not come into compliance with the requirements of Section 364.002
on or before the 90th day after the date the notification is
provided; and
(4) the authority of the county or municipality to
impose a sales or use tax will be suspended as provided by Section
364.004 if the county or municipality is finally determined under
Subsection (e) to have failed to adopt, submit to the comptroller,
or enforce an order or ordinance required by Section 364.002.
(d) Not later than the 30th day after the day a county or
municipality receives written notification under Subsection (c),
the county or municipality shall provide the attorney general with
a copy of:
(1) the county's or municipality's written policies
related to immigration enforcement actions and international
border security efforts, if applicable;
(2) each immigration detainer request received by the
county or municipality from the United States Department of
Homeland Security; and
(3) each response sent by the county or municipality
for a detainer request described by Subdivision (2).
(e) If the attorney general determines that a complaint
filed under Subsection (a) against a county or municipality is
valid, the attorney general may file a petition for a writ of
mandamus or apply for other appropriate equitable relief in a
district court in Travis County or in a county in which the
principal office of the county or municipality is located to compel
the county or municipality that fails to comply with Section
364.002 to comply with that section. The attorney general may
recover reasonable expenses incurred in obtaining relief under this
subsection, including court costs, reasonable attorney's fees,
investigative costs, witness fees, and deposition costs.
(f) An appeal of a suit brought under Subsection (e) is
governed by the procedures for accelerated appeals in civil cases
under the Texas Rules of Appellate Procedure. The appellate court
shall render its final order or judgment with the least possible
delay.
Sec. 364.004. SUSPENSION OF AUTHORITY TO IMPOSE SALES AND
USE TAXES. (a) This section applies only to a county or
municipality that is finally determined in an action filed under
Section 364.003(e) to have failed to adopt, submit to the
comptroller, or enforce an order or ordinance required by Section
364.002.
(b) Notwithstanding any other provision of law, the
authority of a county or municipality to which this section applies
to impose a sales or use tax under Chapter 321 or 323, Tax Code, as
applicable, and any other sales or use tax the county or
municipality is otherwise authorized to impose is suspended, and
the tax may not be collected during the period prescribed by
Subsection (c).
(c) A suspension under Subsection (b) of the authority to
impose a sales or use tax is for a period of one year beginning on
the first day of the first calendar quarter that begins after the
30th day after the date a court issues the order or judgment making
the final determination described by Subsection (a).
(d) Notwithstanding a suspension of the authority of a
county or municipality to impose a sales or use tax under this
section, the tax continues during the suspension period to be
considered as being imposed for purposes of determining the
combined rate of all sales and use taxes imposed by all political
subdivisions having territory in the county or municipality.
(e) The comptroller may adopt rules necessary to implement
this section, including rules for providing notice of a suspension
of taxing authority under this section to retailers engaged in
business in the affected county or municipality.
SECTION 2. (a) Not later than October 1, 2017, the
commissioners court of each county in this state and the governing
body of each municipality in this state shall adopt an order or
ordinance described by Section 364.002, Local Government Code, as
added by this Act.
(b) Not later than January 1, 2018, the commissioners court
of each county in this state and the governing body of each
municipality in this state shall submit to the comptroller of
public accounts a copy of the order or ordinance adopted under
Section 364.002, Local Government Code, as added by this Act.
(c) Not later than December 1, 2018, the comptroller of
public accounts shall submit a written report to the legislature on
the counties and municipalities that have failed to adopt an order
or ordinance under Section 364.002, Local Government Code, as added
by this Act.
SECTION 3. (a) Except as provided by Subsection (b), this
Act takes effect September 1, 2017.
(b) Section 364.003, Local Government Code, as added by this
Act, takes effect November 1, 2017.