89R12670 JRR-F
By: Spiller H.B. No. 3856
A BILL TO BE ENTITLED
AN ACT
relating to immigration documentation or other information to
verify citizenship or immigration status and to notification to the
federal government of an arrested or detained person who is
unlawfully present in the United States; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 2A, Code of Criminal
Procedure, is amended by adding Article 2A.0595 to read as follows:
Art. 2A.0595. NOTIFICATION TO FEDERAL GOVERNMENT OF
ARRESTED OR DETAINED PERSON WHO IS UNLAWFULLY PRESENT IN UNITED
STATES. (a) A peace officer who arrests or detains a person and
determines that the person is unlawfully present in the United
States shall notify the United States Immigration and Customs
Enforcement or another applicable federal agency as soon as
practicable but not later than 12 hours after making the
determination.
(b) Notwithstanding any other law, a peace officer who is
required to notify the United States Immigration and Customs
Enforcement or another applicable federal agency under Subsection
(a) may, for purposes of this article, detain the person who is the
subject of the notification beyond the point at which the person
would otherwise be released.
SECTION 2. Chapter 752, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. IMMIGRATION DOCUMENTATION OR OTHER INFORMATION TO
VERIFY CITIZENSHIP OR IMMIGRATION STATUS
Sec. 752.081. DUTY TO CARRY IMMIGRATION DOCUMENTATION. A
person who is not a citizen or national of the United States shall
carry federal documentation verifying the person's lawful presence
in the United States if the person is otherwise required to carry or
possess that documentation under federal law.
Sec. 752.082. OFFENSE. (a) A person commits an offense if:
(1) the person is required under Section 752.081 to
carry federal documentation verifying the person's lawful presence
in the United States;
(2) the person is lawfully arrested or detained by a
peace officer; and
(3) the person:
(A) intentionally refuses to provide truthful
information verbally to a peace officer regarding the person's
citizenship or immigration status in response to the officer's
request for that information;
(B) fails to provide federal documentation
described by Subdivision (1) on a peace officer's request for that
documentation; or
(C) provides false or fictitious information
regarding the person's citizenship or immigration status in
response to a peace officer's request for that information.
(b) An offense under this section is a Class C misdemeanor,
except that the offense is a Class B misdemeanor if:
(1) the offense involves conduct described by
Subsection (a)(3)(A) or (B) and it is shown on the trial of the
offense that the actor has been previously convicted of an offense
under this section; or
(2) the offense involves conduct described by
Subsection (a)(3)(C).
Sec. 752.083. LIMITATION ON PEACE OFFICER'S REQUEST FOR
IMMIGRATION DOCUMENT OR INFORMATION REGARDING CITIZENSHIP OR
IMMIGRATION STATUS. A peace officer may request a person to provide
federal documentation verifying the person's lawful presence in the
United States or to provide other information regarding the
person's citizenship or immigration status only if the officer:
(1) has a reasonable suspicion that the person is
unlawfully present in the United States; or
(2) is required or authorized under other law to
verify or inquire as to the person's citizenship or immigration
status.
SECTION 3. If any provision of this Act or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this Act that can be
given effect without the invalid provision or application, and to
this end the provisions of this Act are declared severable.
SECTION 4. This Act takes effect September 1, 2025.