Texas 2017 - 85th Regular

Texas Senate Bill SB619 Compare Versions

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

Old	New	Differences
1	1	85R4759 SCL/TJB-D
2	2	By: Estes S.B. No. 619
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to county and municipal cooperation with state and federal
8	8	immigration law enforcement and efforts to enhance international
9	9	border security.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 11, Local Government Code, is
12	12	amended by adding Chapter 364 to read as follows:
13	13	CHAPTER 364. STATE AND FEDERAL IMMIGRATION LAW ENFORCEMENT AND
14	14	ENHANCEMENT OF INTERNATIONAL BORDER SECURITY
15	15	Sec. 364.001. DEFINITIONS. In this chapter:
16	16	(1) "Immigration detainer request" means a United
17	17	States 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	Sec. 364.002. IMMIGRATION AND BORDER SECURITY ORDER OR
25	25	ORDINANCE REQUIRED; COMPTROLLER DATABASE. (a) The commissioners
26	26	court of each county and the governing body of each municipality in
27	27	this state shall:
28	28	(1) adopt and enforce an order or ordinance, as
29	29	appropriate, that requires the county or municipality to cooperate
30	30	with:
31	31	(A) state and federal law enforcement in
32	32	enforcing immigration laws; and
33	33	(B) for counties containing an international
34	34	border and municipalities located wholly or partly in those
35	35	counties, state and federal efforts to enhance international border
36	36	security; and
37	37	(2) submit a written copy of the order or ordinance to
38	38	the comptroller.
39	39	(b) The comptroller shall establish and maintain a database
40	40	of counties and municipalities that comply with this section.
41	41	Sec. 364.003. COMPLAINT; EQUITABLE RELIEF. (a) Any
42	42	person, including the federal government, may file a complaint with
43	43	the attorney general if the person offers evidence to support an
44	44	allegation that a county or municipality has failed to comply with
45	45	Section 364.002. The person must include with the complaint the
46	46	evidence the person has that supports the complaint.
47	47	(b) A county or municipality for which the attorney general
48	48	has received a complaint under Subsection (a) shall comply with a
49	49	document request, including a request for supporting documents,
50	50	from the attorney general related to the complaint.
51	51	(c) If the attorney general determines that a complaint
52	52	filed under Subsection (a) against a county or municipality is
53	53	valid, the attorney general shall, not later than the 10th day after
54	54	the date of the determination, provide written notification to the
55	55	county or municipality that:
56	56	(1) the complaint has been filed;
57	57	(2) the attorney general has determined that the
58	58	complaint is valid;
59	59	(3) the attorney general is authorized to file an
60	60	action to enjoin the violation if the county or municipality does
61	61	not come into compliance with the requirements of Section 364.002
62	62	on or before the 90th day after the date the notification is
63	63	provided; and
64	64	(4) the authority of the county or municipality to
65	65	impose a sales or use tax will be suspended as provided by Section
66	66	364.004 if the county or municipality is finally determined under
67	67	Subsection (e) to have failed to adopt, submit to the comptroller,
68	68	or enforce an order or ordinance required by Section 364.002.
69	69	(d) Not later than the 30th day after the day a county or
70	70	municipality receives written notification under Subsection (c),
71	71	the county or municipality shall provide the attorney general with
72	72	a copy of:
73	73	(1) the county's or municipality's written policies
74	74	related to immigration enforcement actions and international
75	75	border security efforts, if applicable;
76	76	(2) each immigration detainer request received by the
77	77	county or municipality from the United States Department of
78	78	Homeland Security; and
79	79	(3) each response sent by the county or municipality
80	80	for a detainer request described by Subdivision (2).
81	81	(e) If the attorney general determines that a complaint
82	82	filed under Subsection (a) against a county or municipality is
83	83	valid, the attorney general may file a petition for a writ of
84	84	mandamus or apply for other appropriate equitable relief in a
85	85	district court in Travis County or in a county in which the
86	86	principal office of the county or municipality is located to compel
87	87	the county or municipality that fails to comply with Section
88	88	364.002 to comply with that section. The attorney general may
89	89	recover reasonable expenses incurred in obtaining relief under this
90	90	subsection, including court costs, reasonable attorney's fees,
91	91	investigative costs, witness fees, and deposition costs.
92	92	(f) An appeal of a suit brought under Subsection (e) is
93	93	governed by the procedures for accelerated appeals in civil cases
94	94	under the Texas Rules of Appellate Procedure. The appellate court
95	95	shall render its final order or judgment with the least possible
96	96	delay.
97	97	Sec. 364.004. SUSPENSION OF AUTHORITY TO IMPOSE SALES AND
98	98	USE TAXES. (a) This section applies only to a county or
99	99	municipality that is finally determined in an action filed under
100	100	Section 364.003(e) to have failed to adopt, submit to the
101	101	comptroller, or enforce an order or ordinance required by Section
102	102	364.002.
103	103	(b) Notwithstanding any other provision of law, the
104	104	authority of a county or municipality to which this section applies
105	105	to impose a sales or use tax under Chapter 321 or 323, Tax Code, as
106	106	applicable, and any other sales or use tax the county or
107	107	municipality is otherwise authorized to impose is suspended, and
108	108	the tax may not be collected during the period prescribed by
109	109	Subsection (c).
110	110	(c) A suspension under Subsection (b) of the authority to
111	111	impose a sales or use tax is for a period of one year beginning on
112	112	the first day of the first calendar quarter that begins after the
113	113	30th day after the date a court issues the order or judgment making
114	114	the final determination described by Subsection (a).
115	115	(d) Notwithstanding a suspension of the authority of a
116	116	county or municipality to impose a sales or use tax under this
117	117	section, the tax continues during the suspension period to be
118	118	considered as being imposed for purposes of determining the
119	119	combined rate of all sales and use taxes imposed by all political
120	120	subdivisions having territory in the county or municipality.
121	121	(e) The comptroller may adopt rules necessary to implement
122	122	this section, including rules for providing notice of a suspension
123	123	of taxing authority under this section to retailers engaged in
124	124	business in the affected county or municipality.
125	125	SECTION 2. (a) Not later than October 1, 2017, the
126	126	commissioners court of each county in this state and the governing
127	127	body of each municipality in this state shall adopt an order or
128	128	ordinance described by Section 364.002, Local Government Code, as
129	129	added by this Act.
130	130	(b) Not later than January 1, 2018, the commissioners court
131	131	of each county in this state and the governing body of each
132	132	municipality in this state shall submit to the comptroller of
133	133	public accounts a copy of the order or ordinance adopted under
134	134	Section 364.002, Local Government Code, as added by this Act.
135	135	(c) Not later than December 1, 2018, the comptroller of
136	136	public accounts shall submit a written report to the legislature on
137	137	the counties and municipalities that have failed to adopt an order
138	138	or ordinance under Section 364.002, Local Government Code, as added
139	139	by this Act.
140	140	SECTION 3. (a) Except as provided by Subsection (b), this
141	141	Act takes effect September 1, 2017.
142	142	(b) Section 364.003, Local Government Code, as added by this
143	143	Act, takes effect November 1, 2017.