88S30283 SCP-F
By: Slawson H.B. No. 138
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement within this state of certain federal
laws regarding immigration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 7, Government Code, is amended by adding
Chapter 795 to read as follows:
CHAPTER 795. ENFORCEMENT OF CERTAIN FEDERAL LAWS RELATED TO
IMMIGRATION
Sec. 795.001. DEFINITION. In this chapter, "state money"
means money the legislature appropriates or money a state agency
controls or directs.
Sec. 795.002. PROHIBITED ENFORCEMENT OF CERTAIN FEDERAL
LAWS. Notwithstanding any other law, a state agency, a political
subdivision, or a law enforcement officer or other person employed
by a state agency or political subdivision may not enforce,
contract to enforce, or provide assistance to a federal agency or
official with respect to enforcing a federal statute, order, rule,
or regulation that:
(1) requires an individual who has illegally crossed
the Texas-Mexico border to remain in this state until the
individual receives a final determination on:
(A) the individual's application for asylum or
refugee status; or
(B) any other immigration screening process by
the federal government; and
(2) imposes a prohibition, restriction, or other
regulation that does not exist under this state's laws.
Sec. 795.003. COMPLAINT AND ATTORNEY GENERAL ACTION. (a)
An individual residing in the jurisdiction of a political
subdivision may file a complaint with the attorney general if the
individual offers evidence to support an allegation that the
political subdivision:
(1) entered into a contract or adopted a rule, order,
ordinance, or policy under which the political subdivision enforces
or assists with the enforcement of a federal statute, order, rule,
or regulation described by Section 795.002; or
(2) by consistent actions, enforces or assists with
the enforcement of a federal statute, order, rule, or regulation
described by Section 795.002.
(b) A complaint filed under Subsection (a) must include
evidence supporting the complaint.
(c) If the attorney general determines that a complaint
filed under Subsection (a) against a political subdivision is
valid, the attorney general may file a petition for a writ of
mandamus or apply for other appropriate equitable relief in a
district court in Travis County or in a county in which the
principal office of the political subdivision is located to compel
the political subdivision to comply with Section 795.002. The
attorney general may recover reasonable expenses incurred in
obtaining relief under this subsection, including court costs,
reasonable attorney's fees, investigative costs, witness fees, and
deposition costs.
Sec. 795.004. INELIGIBILITY FOR STATE MONEY; NOTICE OF
COURT DETERMINATION; COMPTROLLER ACTION. (a) If a court renders a
final determination in an action brought under Section 795.003(c)
and finds that a political subdivision violated Section 795.002,
the political subdivision is ineligible to receive state money,
including money from the general revenue fund or a grant program a
state agency or other state entity administers, during the state
fiscal year beginning immediately after the date the determination
is made.
(b) The attorney general shall immediately notify the
comptroller of any final judicial determination described by
Subsection (a).
(c) If the comptroller receives notice under Subsection
(b), the comptroller shall withhold any state money from the
political subdivision during the state fiscal year beginning
immediately after the date the judicial determination is made.
Sec. 795.005. APPEAL OF ATTORNEY GENERAL ACTION. An appeal
of an action brought under Section 795.003(c) is governed by the
procedures for accelerated appeals in civil cases under the Texas
Rules of Appellate Procedure. The appellate court shall render its
final order or judgment with the least possible delay.
Sec. 795.006. DEFENSE BY ATTORNEY GENERAL IN CERTAIN
ACTIONS. The attorney general shall defend any state agency in a
suit brought against the agency by the federal government for an act
or omission of the agency consistent with the requirements of this
chapter.
SECTION 2. Chapter 795, Government Code, as added by this
Act, applies only to a contract entered into on or after the
effective date of this Act. A contract entered into before the
effective date of this Act is governed by the law in effect on the
date the contract was entered into, and the former law is continued
in effect for that purpose.
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 on the 91st day after the last day of the
legislative session.