Texas 2025 - 89th Regular

Texas House Bill HB2566 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R6341 JCG-F
2	2	By: Spiller H.B. No. 2566
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the enforcement of state and federal immigration laws
10	10	by state agencies, local entities, and peace officers; creating a
11	11	civil penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. This Act may be cited as the Texas Criminal Alien
14	14	Track and Report Act.
15	15	SECTION 2. Article 2A.059, Code of Criminal Procedure, is
16	16	amended to read as follows:
17	17	Art. 2A.059. NATIONALITY OR IMMIGRATION STATUS INQUIRY.
18	18	(a) Subject to Subsection (b), in the course of investigating an
19	19	alleged criminal offense, a peace officer may inquire as to the
20	20	nationality or immigration status of a victim of or witness to the
21	21	offense [only] if the officer determines that the inquiry is
22	22	necessary to:
23	23	(1) investigate the offense; or
24	24	(2) provide the victim or witness with information
25	25	about federal visas designed to protect individuals providing
26	26	assistance to law enforcement.
27	27	(b) Subsection (a) does not prevent a peace officer from:
28	28	(1) conducting a separate investigation of any other
29	29	alleged criminal offense; or
30	30	(2) inquiring as to the nationality or immigration
31	31	status of a victim of or witness to a criminal offense if the
32	32	officer has reasonable suspicion [probable cause to believe] that
33	33	the victim or witness has engaged in specific conduct constituting
34	34	a separate criminal offense.
35	35	SECTION 3. Subchapter B, Chapter 2A, Code of Criminal
36	36	Procedure, is amended by adding Articles 2A.0595 and 2A.0596 to
37	37	read as follows:
38	38	Art. 2A.0595. DUTY TO INVESTIGATE IMMIGRATION STATUS ON
39	39	PERSON'S FAILURE TO PROVIDE CERTAIN IDENTIFICATION DOCUMENTS. (a)
40	40	A peace officer who has detained a person on reasonable suspicion
41	41	that the person has committed an offense may request that the person
42	42	provide a document to verify the identity of the person and the
43	43	person's immigration status.
44	44	(b) The person may satisfy a request under Subsection (a) by
45	45	providing:
46	46	(1) a driver's license or personal identification
47	47	certificate issued under Chapter 521, Transportation Code;
48	48	(2) a commercial driver's license issued under Chapter
49	49	522, Transportation Code;
50	50	(3) a driver's license or commercial driver's license
51	51	issued by another state that to be issued required proof of lawful
52	52	presence in the United States;
53	53	(4) an unexpired United States passport book or card;
54	54	(5) an unexpired document issued by the United States
55	55	Department of Homeland Security or United States Citizenship and
56	56	Immigration Services with verifiable data and a photograph
57	57	sufficiently clear to enable identification of the person;
58	58	(6) an unexpired foreign passport with an attached
59	59	visa issued by the United States; or
60	60	(7) any other documentation or combination of
61	61	documentation that is sufficient to allow the peace officer to
62	62	verify the person's identity and immigration status.
63	63	(c) If a person fails to provide documentation listed in
64	64	Subsection (b) after a peace officer's request under Subsection
65	65	(a), not later than 48 hours after the person's failure to provide
66	66	required documentation, the officer shall make reasonable efforts
67	67	to verify the person's immigration status, including by contacting
68	68	the Law Enforcement Support Center of the United States Department
69	69	of Homeland Security or a successor agency.
70	70	(d) This article does not apply to a peace officer enforcing
71	71	federal immigration laws as authorized by an agreement with United
72	72	States Immigration and Customs Enforcement under Section 287(g),
73	73	Immigration and Nationality Act (8 U.S.C. Section 1357(g)) or any
74	74	other federal law authorizing an officer of a state or a political
75	75	subdivision of a state to enforce federal immigration law.
76	76	(e) A peace officer may not consider a person's race, color,
77	77	religion, language, or national origin while exercising the powers
78	78	or performing the duties of this article except to the extent
79	79	permitted by the United States Constitution and the Texas
80	80	Constitution.
81	81	Art. 2A.0596. DUTY TO INVESTIGATE IMMIGRATION STATUS ON
82	82	ARREST. As soon as practicable after a peace officer arrests a
83	83	person, the officer shall:
84	84	(1) review the person's criminal history record
85	85	information available through the National Crime Information
86	86	Center and the Texas Crime Information Center;
87	87	(2) ensure that the person's fingerprints are
88	88	obtained; and
89	89	(3) investigate the person's immigration status in the
90	90	manner required by Article 2A.0595 unless the officer has
91	91	previously confirmed the person's immigration status in accordance
92	92	with that article.
93	93	SECTION 4. Subchapter B, Chapter 2A, Code of Criminal
94	94	Procedure, is amended by adding Article 2A.0605 to read as follows:
95	95	Art. 2A.0605. INVESTIGATION OF IMMIGRATION STATUS OF PERSON
96	96	CONFINED IN JAIL. (a) Except as provided by Subsection (b), a
97	97	municipal or county jail that takes custody of a person arrested for
98	98	an offense shall make reasonable efforts to investigate the
99	99	person's immigration status as soon as practicable after taking
100	100	custody of the person if the arresting peace officer:
101	101	(1) could not determine the person's immigration
102	102	status after conducting the investigation required by Article
103	103	2A.0596; or
104	104	(2) did not provide the results of an investigation
105	105	conducted under Article 2A.0596 to the jail.
106	106	(b) If the municipal or county jail receives custody of a
107	107	person described by Subsection (a) transferred from another jail,
108	108	and the transferring jail has completed or already begun
109	109	investigating the person's immigration status, the receiving jail
110	110	is not required to investigate the person's immigration status
111	111	under this article.
112	112	(c) If a municipal or county jail takes custody of a person
113	113	described by Subsection (a) and subsequently transfers the person
114	114	to another jail, the transferring jail shall:
115	115	(1) continue any investigation into the person's
116	116	immigration status that was begun before the transfer; and
117	117	(2) on completion of the investigation described by
118	118	Subdivision (1), notify the receiving jail of the results of the
119	119	investigation.
120	120	SECTION 5. Chapter 493, Government Code, is amended by
121	121	adding Section 493.0153 to read as follows:
122	122	Sec. 493.0153. REPORT ON INMATES AND STATE JAIL FELONY
123	123	DEFENDANTS SUBJECT TO IMMIGRATION DETAINER REQUEST BY IMMIGRATION
124	124	AND CUSTOMS ENFORCEMENT. (a) For each 90-day period, the
125	125	department shall:
126	126	(1) identify each inmate and state jail felony
127	127	defendant who is:
128	128	(A) confined in a facility operated by or for the
129	129	department during the 90-day period; and
130	130	(B) subject to an immigration detainer request
131	131	issued by United States Immigration and Customs Enforcement;
132	132	(2) compile a report regarding the immigration status
133	133	of the inmates and defendants identified under Subdivision (1), the
134	134	offenses for which the inmates and defendants are serving a
135	135	sentence, and the home country of each of those inmates and
136	136	defendants; and
137	137	(3) publish on the department's publicly accessible
138	138	Internet website the report compiled under Subdivision (2) as soon
139	139	as practicable after the expiration of the 90-day period covered by
140	140	the report.
141	141	(b) The report required under Subsection (a)(2) must
142	142	include the total numbers for each data category, and if an inmate
143	143	or state jail felony defendant is a citizen of both the United
144	144	States and one or more other countries, data for those inmates and
145	145	defendants must be reported separately.
146	146	SECTION 6. Section 511.0101, Government Code, is amended by
147	147	amending Subsection (a) and adding Subsection (c) to read as
148	148	follows:
149	149	(a) Each county shall submit to the commission on or before
150	150	the fifth day of each month a report containing the following
151	151	information:
152	152	(1) the number of prisoners confined in the county
153	153	jail on the first day of the month, classified on the basis of the
154	154	following categories:
155	155	(A) total prisoners;
156	156	(B) pretrial Class C misdemeanor offenders;
157	157	(C) pretrial Class A and B misdemeanor offenders;
158	158	(D) convicted misdemeanor offenders;
159	159	(E) felony offenders whose penalty has been
160	160	reduced to a misdemeanor;
161	161	(F) pretrial felony offenders;
162	162	(G) convicted felony offenders;
163	163	(H) prisoners detained on bench warrants;
164	164	(I) prisoners detained for parole violations;
165	165	(J) prisoners detained for federal officers;
166	166	(K) prisoners awaiting transfer to the
167	167	institutional division of the Texas Department of Criminal Justice
168	168	following conviction of a felony or revocation of probation,
169	169	parole, or release on mandatory supervision and for whom paperwork
170	170	and processing required for transfer have been completed;
171	171	(L) prisoners detained after having been
172	172	transferred from another jail and for whom the commission has made a
173	173	payment under Subchapter F, Chapter 499, Government Code;
174	174	(M) prisoners for whom an immigration detainer
175	175	has been issued by United States Immigration and Customs
176	176	Enforcement, and of those prisoners:
177	177	(i) the number transferred to the custody
178	178	of United States Immigration and Customs Enforcement in the
179	179	previous month; and
180	180	(ii) the number released from custody in
181	181	the previous month;
182	182	(N) prisoners who were known or reasonably
183	183	believed to be present in the United States in violation of federal
184	184	immigration laws or Chapter 51, Penal Code;
185	185	(O) female prisoners; and
186	186	(P) [(O)] other prisoners;
187	187	(2) the total capacity of the county jail on the first
188	188	day of the month;
189	189	(3) the total number of prisoners who were confined in
190	190	the county jail during the preceding month, based on a count
191	191	conducted on each day of that month, who were known or had been
192	192	determined to be pregnant;
193	193	(4) the total cost to the county during the preceding
194	194	month of housing prisoners described by Subdivisions [Subdivision]
195	195	(1)(M) and (N), calculated based on the average daily cost of
196	196	housing a prisoner in the county jail; and
197	197	(5) certification by the reporting official that the
198	198	information in the report is accurate.
199	199	(c) Not later than the 30th day after the date a county
200	200	submits to the commission the report required under this section,
201	201	the county shall publish on its publicly accessible Internet
202	202	website the information described by Subsections (a)(1)(M) and (N)
203	203	that was contained in the report.
204	204	SECTION 7. Chapter 752, Government Code, is amended by
205	205	adding Subchapter D to read as follows:
206	206	SUBCHAPTER D. COOPERATION WITH FEDERAL IMMIGRATION AUTHORITIES
207	207	Sec. 752.081. DEFINITIONS. In this subchapter:
208	208	(1) "Alien" has the meaning assigned by 8 U.S.C.
209	209	Section 1101, as that provision existed on January 1, 2025.
210	210	(2) "Immigration laws" and "local entity" have the
211	211	meanings assigned by Section 752.051.
212	212	(3) "Peace officer" means a person elected, employed,
213	213	or appointed as a peace officer under Article 2A.001, Code of
214	214	Criminal Procedure.
215	215	Sec. 752.082. ENFORCEMENT OF IMMIGRATION LAWS;
216	216	COORDINATION WITH FEDERAL AUTHORITIES. (a) To the extent
217	217	authorized by federal law, each employee of a state agency or local
218	218	entity, including a peace officer, district attorney, criminal
219	219	district attorney, and county attorney, shall send, receive, and
220	220	maintain information relating to the immigration status of any
221	221	individual as reasonably needed for public safety purposes. Except
222	222	as provided by federal law, an employee of a state agency or local
223	223	entity may not be prohibited from receiving or maintaining
224	224	information related to the immigration status of any individual or
225	225	sending or exchanging that information with other federal, state,
226	226	or local governmental entities for official public safety purposes.
227	227	(b) Each state agency and local entity shall promote
228	228	compliance with and enforcement of state laws related to deterring
229	229	the presence of criminal illegal aliens in this state and may enter
230	230	into memoranda of understanding with the United States Department
231	231	of Justice, the United States Department of Homeland Security, or
232	232	any other federal agency for the purpose of enforcing immigration
233	233	laws, including agreements with United States Immigration and
234	234	Customs Enforcement under Section 287(g), Immigration and
235	235	Nationality Act (8 U.S.C. Section 1357(g)), or a successor federal
236	236	program. The Department of Public Safety and each sheriff's
237	237	office, municipal police department, and constable's office shall
238	238	annually seek to enter into an agreement with United States
239	239	Immigration and Customs Enforcement under Section 287(g),
240	240	Immigration and Nationality Act (8 U.S.C. Section 1357(g)), or a
241	241	successor federal program, when no agreement is in effect for that
242	242	year.
243	243	(c) Except as provided by federal law, a state agency or
244	244	local entity may use available federal resources, including
245	245	databases, equipment, grant funds, training, or participation in
246	246	incentive programs for any public safety purpose related to the
247	247	enforcement of immigration laws.
248	248	(d) When reasonably possible, a state agency, in
249	249	collaboration with the governor's office, shall pursue federal
250	250	incentive programs and grant funding for the purpose of assisting
251	251	and encouraging state agencies and local entities to enter into
252	252	agreements with federal agencies regarding the enforcement of
253	253	immigration laws and the use of federal resources, consistent with
254	254	the provisions of this subchapter.
255	255	Sec. 752.083. AUTHORITY TO DETAIN AND TRANSPORT ILLEGAL
256	256	ALIENS. (a) If a peace officer has probable cause to believe a
257	257	person has committed an offense under Section 51.04, Penal Code,
258	258	the officer shall securely transport the person to the custody of
259	259	the United States Department of Homeland Security or to a temporary
260	260	point of detention and reasonably detain the person when authorized
261	261	by federal immigration detainer or federal arrest warrant.
262	262	(b) This section may not be construed to hinder or prevent a
263	263	peace officer or law enforcement agency from arresting or detaining
264	264	any criminal suspect on other criminal charges.
265	265	Sec. 752.084. IMMUNITY. A law enforcement officer or
266	266	employee of a state agency or local entity who reasonably acts in
267	267	good faith to enforce immigration laws pursuant to an agreement
268	268	with federal authorities or to carry out any provision of this
269	269	subchapter is immune from liability when enforcing those laws or
270	270	carrying out this subchapter.
271	271	Sec. 752.085. REFUSAL TO ENFORCE IMMIGRATION LAWS; CIVIL
272	272	PENALTY. (a) A local entity may not intentionally refuse to comply
273	273	with the requirements of this subchapter relating to the
274	274	enforcement of immigration laws.
275	275	(b) If the attorney general has reason to believe that a
276	276	local entity has violated Subsection (a), the attorney general may
277	277	bring an action for equitable relief against the local entity in a
278	278	district court of Travis County or in a district court in the county
279	279	where the violation occurred to compel the local entity to comply
280	280	with the requirements of this subchapter.
281	281	(c) In addition to ordering the local entity to comply with
282	282	the requirements of this subchapter, the court may impose a civil
283	283	penalty on the local entity. The court has the discretion to
284	284	determine the amount of the penalty based on:
285	285	(1) the extent and seriousness of the violation;
286	286	(2) the local entity's history of violations of this
287	287	subchapter;
288	288	(3) the amount necessary to deter future violations of
289	289	this subchapter;
290	290	(4) efforts made by the local entity to correct the
291	291	violation; and
292	292	(5) any other matter that justice requires.
293	293	(d) The attorney general may recover reasonable expenses
294	294	incurred in obtaining relief under this section, including court
295	295	costs, reasonable attorney's fees, investigative costs, witness
296	296	fees, and deposition costs.
297	297	(e) A civil penalty collected under this section shall be
298	298	deposited to the credit of the compensation to victims of crime fund
299	299	established under Subchapter J, Chapter 56B, Code of Criminal
300	300	Procedure.
301	301	(f) Sovereign immunity of this state and governmental
302	302	immunity of a local entity to suit and liability is waived and
303	303	abolished to the extent of liability created by this section.
304	304	SECTION 8. (a) Article 2A.059, Code of Criminal Procedure,
305	305	as amended by this Act, applies only to an inquiry that occurs on or
306	306	after the effective date of this Act. An inquiry that occurs before
307	307	the effective date of this Act is governed by the law in effect on
308	308	the date the inquiry occurred, and the former law is continued in
309	309	effect for that purpose.
310	310	(b) Article 2A.0595, Code of Criminal Procedure, as added by
311	311	this Act, applies only to a detention that occurs on or after the
312	312	effective date of this Act.
313	313	(c) Article 2A.0596, Code of Criminal Procedure, as added by
314	314	this Act, applies only to an arrest that occurs on or after the
315	315	effective date of this Act.
316	316	(d) Article 2A.0605, Code of Criminal Procedure, as added by
317	317	this Act, applies only to confinement that begins on or after the
318	318	effective date of this Act.
319	319	(e) Section 752.083, Government Code, as added by this Act,
320	320	applies only to an offense committed under Section 51.04, Penal
321	321	Code, on or after the effective date of this Act. An offense
322	322	committed before the effective date of this Act is governed by the
323	323	law in effect on the date the offense was committed, and the former
324	324	law is continued in effect for that purpose. For purposes of this
325	325	subsection, an offense was committed before the effective date of
326	326	this Act if any element of the offense occurred before that date.
327	327	SECTION 9. Not later than January 1, 2026, the Texas
328	328	Department of Criminal Justice shall compile and publish the first
329	329	report required by Section 493.0153, Government Code, as added by
330	330	this Act.
331	331	SECTION 10. If any provision of this Act or its application
332	332	to any person or circumstance is held invalid, the invalidity does
333	333	not affect other provisions or applications of this Act that can be
334	334	given effect without the invalid provision or application, and to
335	335	this end the provisions of this Act are declared severable.
336	336	SECTION 11. This Act takes effect September 1, 2025.