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  80R2891 KEL-D
 
  By: Shapleigh S.B. No. 150
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on certain law enforcement profiling
based on a person's immigration or nationality status.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Article 2.131, Code of Criminal Procedure, is
amended to read as follows:
       Art. 2.131.  RACIAL PROFILING AND OTHER FORMS OF PROFILING
PROHIBITED. (a) A peace officer may not engage in racial
profiling.
       (b)  A peace officer may not:
             (1)  detain a person based only on the person's
immigration status or nationality; or
             (2)  inquire as to a person's immigration status or
nationality except as necessary to establish probable cause for an
arrest or otherwise investigate a criminal offense.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.