85S10808 JRR-D
By: Garcia, RodrÃguez S.B. No. 108
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of federal immigration law at places of
worship, hospitals, public schools, and courthouses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.255 to read as follows:
Art. 2.255. ENFORCEMENT OF FEDERAL IMMIGRATION LAW AT
PLACES OF WORSHIP, HOSPITALS, PUBLIC SCHOOLS, AND COURTHOUSES. (a)
A law enforcement agency or other governmental entity that employs
a peace officer shall adopt and enforce a policy that prohibits the
agency's or entity's peace officers from participating in the
enforcement of federal law relating to aliens, immigrants, or
immigration, including the federal Immigration and Nationality Act
(8 U.S.C. Section 1101 et seq.), on the property of a place of
worship, hospital, public school, including a public institution of
higher education, or courthouse.
(b) The attorney general, in consultation with agencies and
entities described by Subsection (a), shall develop and publish a
model policy on the attorney general's Internet website for the
enforcement of federal immigration law at places of worship,
hospitals, public schools, and courthouses to ensure that those
facilities remain safe and accessible to all residents of this
state regardless of immigration status.
SECTION 2. Section 752.053, Government Code, as effective
September 1, 2017, is amended to read as follows:
Sec. 752.053. POLICIES AND ACTIONS REGARDING IMMIGRATION
ENFORCEMENT. (a) Except as provided by Article 2.255, Code of
Criminal Procedure, a [A] local entity or campus police department
may not:
(1) adopt, enforce, or endorse a policy under which
the entity or department prohibits or materially limits the
enforcement of immigration laws;
(2) as demonstrated by pattern or practice, prohibit
or materially limit the enforcement of immigration laws; or
(3) for an entity that is a law enforcement agency or
for a department, as demonstrated by pattern or practice,
intentionally violate Article 2.251, Code of Criminal Procedure.
(b) Except as provided by Article 2.255, Code of Criminal
Procedure [In compliance with Subsection (a)], a local entity or
campus police department, in compliance with Subsection (a), may
not prohibit or materially limit a person who is a commissioned
peace officer described by Article 2.12, Code of Criminal
Procedure, a corrections officer, a booking clerk, a magistrate, or
a district attorney, criminal district attorney, or other
prosecuting attorney and who is employed by or otherwise under the
direction or control of the entity or department from doing any of
the following:
(1) inquiring into the immigration status of a person
under a lawful detention or under arrest;
(2) with respect to information relating to the
immigration status, lawful or unlawful, of any person under a
lawful detention or under arrest, including information regarding
the person's place of birth:
(A) sending the information to or requesting or
receiving the information from United States Citizenship and
Immigration Services, United States Immigration and Customs
Enforcement, or another relevant federal agency;
(B) maintaining the information; or
(C) exchanging the information with another
local entity or campus police department or a federal or state
governmental entity;
(3) assisting or cooperating with a federal
immigration officer as reasonable or necessary, including
providing enforcement assistance; or
(4) permitting a federal immigration officer to enter
and conduct enforcement activities at a jail to enforce federal
immigration laws.
(c) Notwithstanding Subsection (b)(3) and subject to
Article 2.255, Code of Criminal Procedure, a local entity or campus
police department may prohibit persons who are employed by or
otherwise under the direction or control of the entity or
department from assisting or cooperating with a federal immigration
officer if the assistance or cooperation occurs at a place of
worship.
SECTION 3. This Act takes effect December 1, 2017.