87S30328 MTB-D By: White H.B. No. 139 A BILL TO BE ENTITLED AN ACT relating to the inclusion of plans in the governor's homeland security strategy for the protection of this state's international border through the enforcement of federal immigration laws. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 421.002, Government Code, is amended by adding Subsection (b-1) to read as follows: (b-1) The specific plans for protecting this state's international border under Subsection (b)(5) must include plans for state enforcement of federal immigration laws if an official of a federal agency charged with enforcing federal immigration laws has publicly stated that the agency is unable to enforce those laws in this state or if a determination is made that the federal agency charged with enforcing federal immigration laws is unable to enforce those laws and that failure to enforce those laws jeopardizes the security of this state. The plans must provide the specific conditions and criteria that must be met before making a determination described by this subsection and require that the determination be published in the Texas Register. In this subsection, "federal immigration laws" means federal law relating to aliens, immigrants, or immigration, including the federal Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.). SECTION 2. This Act takes effect on the 91st day after the last day of the legislative session.