Texas 2023 - 88th 3rd C.S.

Texas House Bill HB138 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88S30283 SCP-F
2	2	By: Slawson H.B. No. 138
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement within this state of certain federal
8	8	laws regarding immigration.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 7, Government Code, is amended by adding
11	11	Chapter 795 to read as follows:
12	12	CHAPTER 795. ENFORCEMENT OF CERTAIN FEDERAL LAWS RELATED TO
13	13	IMMIGRATION
14	14	Sec. 795.001. DEFINITION. In this chapter, "state money"
15	15	means money the legislature appropriates or money a state agency
16	16	controls or directs.
17	17	Sec. 795.002. PROHIBITED ENFORCEMENT OF CERTAIN FEDERAL
18	18	LAWS. Notwithstanding any other law, a state agency, a political
19	19	subdivision, or a law enforcement officer or other person employed
20	20	by a state agency or political subdivision may not enforce,
21	21	contract to enforce, or provide assistance to a federal agency or
22	22	official with respect to enforcing a federal statute, order, rule,
23	23	or regulation that:
24	24	(1) requires an individual who has illegally crossed
25	25	the Texas-Mexico border to remain in this state until the
26	26	individual receives a final determination on:
27	27	(A) the individual's application for asylum or
28	28	refugee status; or
29	29	(B) any other immigration screening process by
30	30	the federal government; and
31	31	(2) imposes a prohibition, restriction, or other
32	32	regulation that does not exist under this state's laws.
33	33	Sec. 795.003. COMPLAINT AND ATTORNEY GENERAL ACTION. (a)
34	34	An individual residing in the jurisdiction of a political
35	35	subdivision may file a complaint with the attorney general if the
36	36	individual offers evidence to support an allegation that the
37	37	political subdivision:
38	38	(1) entered into a contract or adopted a rule, order,
39	39	ordinance, or policy under which the political subdivision enforces
40	40	or assists with the enforcement of a federal statute, order, rule,
41	41	or regulation described by Section 795.002; or
42	42	(2) by consistent actions, enforces or assists with
43	43	the enforcement of a federal statute, order, rule, or regulation
44	44	described by Section 795.002.
45	45	(b) A complaint filed under Subsection (a) must include
46	46	evidence supporting the complaint.
47	47	(c) If the attorney general determines that a complaint
48	48	filed under Subsection (a) against a political subdivision is
49	49	valid, the attorney general may file a petition for a writ of
50	50	mandamus or apply for other appropriate equitable relief in a
51	51	district court in Travis County or in a county in which the
52	52	principal office of the political subdivision is located to compel
53	53	the political subdivision to comply with Section 795.002. The
54	54	attorney general may recover reasonable expenses incurred in
55	55	obtaining relief under this subsection, including court costs,
56	56	reasonable attorney's fees, investigative costs, witness fees, and
57	57	deposition costs.
58	58	Sec. 795.004. INELIGIBILITY FOR STATE MONEY; NOTICE OF
59	59	COURT DETERMINATION; COMPTROLLER ACTION. (a) If a court renders a
60	60	final determination in an action brought under Section 795.003(c)
61	61	and finds that a political subdivision violated Section 795.002,
62	62	the political subdivision is ineligible to receive state money,
63	63	including money from the general revenue fund or a grant program a
64	64	state agency or other state entity administers, during the state
65	65	fiscal year beginning immediately after the date the determination
66	66	is made.
67	67	(b) The attorney general shall immediately notify the
68	68	comptroller of any final judicial determination described by
69	69	Subsection (a).
70	70	(c) If the comptroller receives notice under Subsection
71	71	(b), the comptroller shall withhold any state money from the
72	72	political subdivision during the state fiscal year beginning
73	73	immediately after the date the judicial determination is made.
74	74	Sec. 795.005. APPEAL OF ATTORNEY GENERAL ACTION. An appeal
75	75	of an action brought under Section 795.003(c) is governed by the
76	76	procedures for accelerated appeals in civil cases under the Texas
77	77	Rules of Appellate Procedure. The appellate court shall render its
78	78	final order or judgment with the least possible delay.
79	79	Sec. 795.006. DEFENSE BY ATTORNEY GENERAL IN CERTAIN
80	80	ACTIONS. The attorney general shall defend any state agency in a
81	81	suit brought against the agency by the federal government for an act
82	82	or omission of the agency consistent with the requirements of this
83	83	chapter.
84	84	SECTION 2. Chapter 795, Government Code, as added by this
85	85	Act, applies only to a contract entered into on or after the
86	86	effective date of this Act. A contract entered into before the
87	87	effective date of this Act is governed by the law in effect on the
88	88	date the contract was entered into, and the former law is continued
89	89	in effect for that purpose.
90	90	SECTION 3. This Act takes effect immediately if it receives
91	91	a vote of two-thirds of all the members elected to each house, as
92	92	provided by Section 39, Article III, Texas Constitution. If this
93	93	Act does not receive the vote necessary for immediate effect, this
94	94	Act takes effect on the 91st day after the last day of the
95	95	legislative session.