86R938 ADM-D
By: Ortega H.B. No. 1217
A BILL TO BE ENTITLED
AN ACT
relating to the inquiry of immigration status of a person under a
lawful detention by certain persons under the direction or control
of a local governmental entity or campus police department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 752.053(b), Government Code, is amended
to read as follows:
(b) In compliance with Subsection (a), a local entity or
campus police department 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.
SECTION 2. Section 752.051(4), Government Code, is
repealed.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.