| 1 | 1 | | 86R938 ADM-D |
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| 2 | 2 | | By: Ortega H.B. No. 1217 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the inquiry of immigration status of a person under a |
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| 8 | 8 | | lawful detention by certain persons under the direction or control |
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| 9 | 9 | | of a local governmental entity or campus police department. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 752.053(b), Government Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (b) In compliance with Subsection (a), a local entity or |
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| 14 | 14 | | campus police department may not prohibit or materially limit a |
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| 15 | 15 | | person who is a commissioned peace officer described by Article |
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| 16 | 16 | | 2.12, Code of Criminal Procedure, a corrections officer, a booking |
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| 17 | 17 | | clerk, a magistrate, or a district attorney, criminal district |
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| 18 | 18 | | attorney, or other prosecuting attorney and who is employed by or |
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| 19 | 19 | | otherwise under the direction or control of the entity or |
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| 20 | 20 | | department from doing any of the following: |
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| 21 | 21 | | (1) inquiring into the immigration status of a person |
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| 22 | 22 | | [under a lawful detention or] under arrest; |
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| 23 | 23 | | (2) with respect to information relating to the |
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| 24 | 24 | | immigration status, lawful or unlawful, of any person [under a |
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| 25 | 25 | | lawful detention or] under arrest, including information regarding |
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| 26 | 26 | | the person's place of birth: |
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| 27 | 27 | | (A) sending the information to or requesting or |
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| 28 | 28 | | receiving the information from United States Citizenship and |
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| 29 | 29 | | Immigration Services, United States Immigration and Customs |
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| 30 | 30 | | Enforcement, or another relevant federal agency; |
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| 31 | 31 | | (B) maintaining the information; or |
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| 32 | 32 | | (C) exchanging the information with another |
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| 33 | 33 | | local entity or campus police department or a federal or state |
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| 34 | 34 | | governmental entity; |
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| 35 | 35 | | (3) assisting or cooperating with a federal |
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| 36 | 36 | | immigration officer as reasonable or necessary, including |
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| 37 | 37 | | providing enforcement assistance; or |
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| 38 | 38 | | (4) permitting a federal immigration officer to enter |
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| 39 | 39 | | and conduct enforcement activities at a jail to enforce federal |
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| 40 | 40 | | immigration laws. |
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| 41 | 41 | | SECTION 2. Section 752.051(4), Government Code, is |
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| 42 | 42 | | repealed. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2019. |
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