| 1 | 1 | | 89R12670 JRR-F |
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| 2 | 2 | | By: Spiller H.B. No. 3856 |
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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 immigration documentation or other information to |
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| 10 | 10 | | verify citizenship or immigration status and to notification to the |
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| 11 | 11 | | federal government of an arrested or detained person who is |
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| 12 | 12 | | unlawfully present in the United States; creating a criminal |
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| 13 | 13 | | offense. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Subchapter B, Chapter 2A, Code of Criminal |
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| 16 | 16 | | Procedure, is amended by adding Article 2A.0595 to read as follows: |
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| 17 | 17 | | Art. 2A.0595. NOTIFICATION TO FEDERAL GOVERNMENT OF |
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| 18 | 18 | | ARRESTED OR DETAINED PERSON WHO IS UNLAWFULLY PRESENT IN UNITED |
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| 19 | 19 | | STATES. (a) A peace officer who arrests or detains a person and |
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| 20 | 20 | | determines that the person is unlawfully present in the United |
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| 21 | 21 | | States shall notify the United States Immigration and Customs |
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| 22 | 22 | | Enforcement or another applicable federal agency as soon as |
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| 23 | 23 | | practicable but not later than 12 hours after making the |
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| 24 | 24 | | determination. |
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| 25 | 25 | | (b) Notwithstanding any other law, a peace officer who is |
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| 26 | 26 | | required to notify the United States Immigration and Customs |
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| 27 | 27 | | Enforcement or another applicable federal agency under Subsection |
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| 28 | 28 | | (a) may, for purposes of this article, detain the person who is the |
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| 29 | 29 | | subject of the notification beyond the point at which the person |
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| 30 | 30 | | would otherwise be released. |
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| 31 | 31 | | SECTION 2. Chapter 752, Government Code, is amended by |
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| 32 | 32 | | adding Subchapter D to read as follows: |
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| 33 | 33 | | SUBCHAPTER D. IMMIGRATION DOCUMENTATION OR OTHER INFORMATION TO |
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| 34 | 34 | | VERIFY CITIZENSHIP OR IMMIGRATION STATUS |
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| 35 | 35 | | Sec. 752.081. DUTY TO CARRY IMMIGRATION DOCUMENTATION. A |
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| 36 | 36 | | person who is not a citizen or national of the United States shall |
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| 37 | 37 | | carry federal documentation verifying the person's lawful presence |
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| 38 | 38 | | in the United States if the person is otherwise required to carry or |
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| 39 | 39 | | possess that documentation under federal law. |
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| 40 | 40 | | Sec. 752.082. OFFENSE. (a) A person commits an offense if: |
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| 41 | 41 | | (1) the person is required under Section 752.081 to |
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| 42 | 42 | | carry federal documentation verifying the person's lawful presence |
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| 43 | 43 | | in the United States; |
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| 44 | 44 | | (2) the person is lawfully arrested or detained by a |
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| 45 | 45 | | peace officer; and |
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| 46 | 46 | | (3) the person: |
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| 47 | 47 | | (A) intentionally refuses to provide truthful |
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| 48 | 48 | | information verbally to a peace officer regarding the person's |
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| 49 | 49 | | citizenship or immigration status in response to the officer's |
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| 50 | 50 | | request for that information; |
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| 51 | 51 | | (B) fails to provide federal documentation |
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| 52 | 52 | | described by Subdivision (1) on a peace officer's request for that |
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| 53 | 53 | | documentation; or |
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| 54 | 54 | | (C) provides false or fictitious information |
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| 55 | 55 | | regarding the person's citizenship or immigration status in |
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| 56 | 56 | | response to a peace officer's request for that information. |
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| 57 | 57 | | (b) An offense under this section is a Class C misdemeanor, |
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| 58 | 58 | | except that the offense is a Class B misdemeanor if: |
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| 59 | 59 | | (1) the offense involves conduct described by |
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| 60 | 60 | | Subsection (a)(3)(A) or (B) and it is shown on the trial of the |
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| 61 | 61 | | offense that the actor has been previously convicted of an offense |
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| 62 | 62 | | under this section; or |
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| 63 | 63 | | (2) the offense involves conduct described by |
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| 64 | 64 | | Subsection (a)(3)(C). |
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| 65 | 65 | | Sec. 752.083. LIMITATION ON PEACE OFFICER'S REQUEST FOR |
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| 66 | 66 | | IMMIGRATION DOCUMENT OR INFORMATION REGARDING CITIZENSHIP OR |
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| 67 | 67 | | IMMIGRATION STATUS. A peace officer may request a person to provide |
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| 68 | 68 | | federal documentation verifying the person's lawful presence in the |
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| 69 | 69 | | United States or to provide other information regarding the |
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| 70 | 70 | | person's citizenship or immigration status only if the officer: |
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| 71 | 71 | | (1) has a reasonable suspicion that the person is |
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| 72 | 72 | | unlawfully present in the United States; or |
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| 73 | 73 | | (2) is required or authorized under other law to |
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| 74 | 74 | | verify or inquire as to the person's citizenship or immigration |
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| 75 | 75 | | status. |
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| 76 | 76 | | SECTION 3. If any provision of this Act or its application |
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| 77 | 77 | | to any person or circumstance is held invalid, the invalidity does |
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| 78 | 78 | | not affect other provisions or applications of this Act that can be |
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| 79 | 79 | | given effect without the invalid provision or application, and to |
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| 80 | 80 | | this end the provisions of this Act are declared severable. |
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| 81 | 81 | | SECTION 4. This Act takes effect September 1, 2025. |
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