Texas Senate Bill SB168

Texas 2019 - 86th Regular

Caption

Relating to the removal from office of a public officer of a political subdivision for policies or actions regarding immigration enforcement.

Impact

The immediate effect of SB168 would be the cessation of pending civil actions for the removal of public officers under the repealed section if they relate to incidents occurring before the effective date of the Act. Any actions that are pending at that time will be automatically dismissed. However, the bill stipulates that final adjudications on removals that exist on the effective date will not be disrupted, ensuring that certain ongoing proceedings are safeguarded. This provision indicates the legislature's intent to maintain legal consistency while addressing issues surrounding immigration enforcement policies.

Summary

SB168 proposes significant changes to the existing laws governing the removal of public officers from their positions in political subdivisions, specifically relating to their actions or policies concerning immigration enforcement. This bill repeals Section 752.0565 of the Government Code, which previously outlined the civil actions that could be initiated for the removal of an officer violating immigration policies. By repealing this section, the bill aims to streamline and clarify the process of removal, removing a potentially contentious legal pathway for challenging public officers based on their immigration-related actions.

Contention

One of the notable points of contention likely surrounding SB168 pertains to the balance of power between state and local governance concerning immigration enforcement. Critics may argue that repealing the civil action pathway for removal undermines local control and accountability, whereas supporters might contend that it reduces the legal burdens associated with challenging public officers. The bill’s passage could thus ignite significant debates regarding the limits of immigration enforcement policies and how they intersect with the responsibilities of elected officials.