| 1 | 1 | | 89R5604 SCF-D |
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| 2 | 2 | | By: Middleton S.B. No. 1005 |
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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 a political subdivision's authority to use public money |
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| 10 | 10 | | in the provision of legal services for individuals unlawfully |
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| 11 | 11 | | present in the United States. |
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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. Chapter 752, Government Code, is amended by |
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| 14 | 14 | | adding Subchapter D to read as follows: |
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| 15 | 15 | | SUBCHAPTER D. PROHIBITED IMMIGRATION ASSISTANCE |
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| 16 | 16 | | Sec. 752.101. DEFINITION. In this subchapter, |
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| 17 | 17 | | "governmental entity" means: |
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| 18 | 18 | | (1) a board, commission, council, department, or other |
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| 19 | 19 | | agency in the executive branch of state government that is created |
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| 20 | 20 | | by constitution or statute, including an institution of higher |
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| 21 | 21 | | education as defined by Section 61.003, Education Code; or |
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| 22 | 22 | | (2) a political subdivision of this state. |
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| 23 | 23 | | Sec. 752.102. PROHIBITION ON USE OF PUBLIC MONEY TO PROVIDE |
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| 24 | 24 | | LEGAL SERVICES FOR UNLAWFULLY PRESENT INDIVIDUALS. (a) Unless |
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| 25 | 25 | | required by the United States Constitution, a governmental entity |
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| 26 | 26 | | may not: |
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| 27 | 27 | | (1) provide public money, including a grant award, to |
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| 28 | 28 | | any person for the provision of legal services in a removal or other |
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| 29 | 29 | | immigration-related civil proceeding regarding an individual who |
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| 30 | 30 | | is unlawfully present in the United States according to the terms of |
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| 31 | 31 | | the federal Immigration and Nationality Act (8 U.S.C. Section 1101 |
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| 32 | 32 | | et seq.); or |
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| 33 | 33 | | (2) seek reimbursement from this state for an attorney |
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| 34 | 34 | | provided for a purpose described by Subdivision (1). |
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| 35 | 35 | | (b) This section does not prohibit a governmental entity |
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| 36 | 36 | | from providing an attorney to an indigent defendant entitled to |
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| 37 | 37 | | representation under Article 1.051, Code of Criminal Procedure. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2025. |
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