| 1 | 1 | | 89R5077 MP-D |
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| 2 | 2 | | By: Schatzline H.B. No. 1491 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to agreements between counties and United States |
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| 10 | 10 | | Immigration and Customs Enforcement to enforce federal immigration |
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| 11 | 11 | | law. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter Z, Chapter 351, Local Government |
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| 14 | 14 | | Code, is amended by adding Section 351.905 to read as follows: |
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| 15 | 15 | | Sec. 351.905. IMMIGRATION LAW ENFORCEMENT AGREEMENTS; |
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| 16 | 16 | | INJUNCTION; DENIAL OF STATE GRANT FUNDS. (a) The commissioners |
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| 17 | 17 | | court of each county shall request and, as offered, enter into a |
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| 18 | 18 | | written agreement with United States Immigration and Customs |
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| 19 | 19 | | Enforcement under Section 287(g), Immigration and Nationality Act |
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| 20 | 20 | | (8 U.S.C. Section 1357(g)), to authorize officers and employees of |
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| 21 | 21 | | the county to enforce federal immigration law. |
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| 22 | 22 | | (b) An agreement entered into under this section must |
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| 23 | 23 | | include the scope, duration, and limitations of the authority. |
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| 24 | 24 | | (c) The attorney general may bring an action against a |
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| 25 | 25 | | county that fails to comply with Subsection (a) in a district court |
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| 26 | 26 | | in Travis County for appropriate injunctive relief. |
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| 27 | 27 | | (d) The attorney general may recover reasonable expenses |
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| 28 | 28 | | incurred in obtaining relief under Subsection (c), including court |
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| 29 | 29 | | costs, reasonable attorney's fees, investigative costs, witness |
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| 30 | 30 | | fees, and deposition costs. |
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| 31 | 31 | | (e) A county may not receive state grant funds, and state |
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| 32 | 32 | | grant funds for the county shall be denied, for the state fiscal |
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| 33 | 33 | | year following the year in which a final judicial determination in |
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| 34 | 34 | | an action brought under Subsection (c) is made that the county has |
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| 35 | 35 | | failed to comply with Subsection (a). |
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| 36 | 36 | | (f) The comptroller shall adopt rules to implement |
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| 37 | 37 | | Subsection (e) uniformly among the state agencies from which state |
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| 38 | 38 | | grant funds are distributed to a county. |
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| 39 | 39 | | SECTION 2. As soon as practicable after the effective date |
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| 40 | 40 | | of this Act, the commissioners court of each county shall comply |
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| 41 | 41 | | with Section 351.905, Local Government Code, as added by this Act. |
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| 42 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2025. |
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