Texas Senate Bill SB81

Texas 2023 - 88th 3rd C.S.

• Filed: 11/7/23

Caption

Relating to certain laws that regulate aspects of illegal immigration in this state, including laws pertaining to the DNA records of certain persons subject to an immigration detainer request, the recognition of certain out-of-state driver's licenses, inviting certain federal agencies to participate on the homeland security council, the reporting of certain uncompensated hospital care costs, and certain requirements for participation in the E-verify program; increasing a criminal penalty.

Impact

The implications of SB81 on state laws are significant. By enforcing strict compliance with immigration-related requirements, the bill could centralize control over immigration enforcement at the state level. This includes bolstering state authority to require DNA records from those subject to ICE detainers and limiting driver’s licenses from noncompliant states. Furthermore, it places new obligations on hospitals to report on services provided to unauthorized immigrants, which may raise privacy concerns, plain access issues to healthcare, and possible legal challenges about the treatment of undocumented individuals.

Summary

SB81 aims to modify various state regulations related to illegal immigration, particularly focusing on DNA records of individuals subject to immigration detainers, the recognition of out-of-state driver’s licenses, and requirements for participation in the E-Verify program. The bill mandates law enforcement agencies to collect DNA specimens from individuals in custody under immigration detainer requests and introduces barriers for those holding licenses from states that do not verify U.S. citizenship or legal residency. Additionally, it seeks to involve federal entities in state-level homeland security efforts and impose reporting requirements for uncompensated hospital care provided to individuals not lawfully present in the country.

Sentiment

The sentiment surrounding SB81 appears to be sharply divided. Supporters, primarily conservative lawmakers and advocacy groups, argue that these measures are essential for national security and legal compliance in immigration matters. They believe that the bill will enhance lawful governance and contribute to public safety. Conversely, opponents, including civil rights organizations and some democratic legislators, express concern that the bill enacts discrimination against immigrants and could lead to racial profiling. They argue that stricter immigration control measures infringe on personal rights and may exacerbate public health issues by deterring individuals from seeking necessary medical care.

Contention

The most notable points of contention in SB81 revolve around its strict provisions regarding immigration enforcement and the collection of personal data. Critics highlight that requiring DNA samples from individuals detained under immigration laws may be seen as an overreach of state power that undermines civil liberties. Additionally, the proposal to not recognize driving licenses from non-compliant states raises debates about fairness and mobility for those lawfully present in Texas but whose states have different licensing laws. The bill suggests a shift towards more rigorous state control over immigrant populations, igniting a broader discourse on immigration policy and its implications for community trust in public institutions.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 2. General Duties Of Officers
  • Section: 251

Government Code

• Chapter 421. Homeland Security
  • Section: New Section

• Chapter 531. Health And Human Services Commission
  • Section: New Section

• Chapter 2264. Restrictions On Use Of Certain Public Subsidies
  • Section: New Section

Transportation Code

• Chapter 521. Driver's Licenses And Certificates
  • Section: New Section