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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of state and federal laws governing |
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immigration by certain governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 370, Local Government Code, is amended |
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by adding Section 370.0031 to read as follows: |
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Sec. 370.0031. LOCAL GOVERNMENT POLICY REGARDING |
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ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS. (a) This |
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section applies to: |
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(1) the governing body of a municipality, county, or |
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special district or authority; |
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(2) an officer, employee, or other body that is part of |
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a municipality, county, or special district or authority, including |
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a sheriff, municipal police department, municipal attorney, or |
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county attorney; or |
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(3) a district attorney or criminal district attorney. |
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(b) An entity described by Subsection (a) may not adopt a |
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rule, order, ordinance, or policy under which the entity prohibits |
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the enforcement of the laws of this state or federal law relating to |
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immigrants or immigration, including the federal Immigration and |
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Nationality Act (8 U.S.C. Section 1101 et seq.). |
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(c) In compliance with Subsection (b), an entity described |
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by Subsection (a) may not prohibit a person employed by or otherwise |
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under the direction or control of the entity from doing any of the |
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following: |
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(1) inquiring into the immigration status of a person |
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lawfully detained or arrested; |
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(2) with respect to information relating to the |
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immigration status, lawful or unlawful, of any person lawfully |
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detained or arrested: |
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(A) sending the information to or requesting or |
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receiving the information from United States Citizenship and |
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Immigration Services or United States Immigration and Customs |
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Enforcement, including information regarding an individual's place |
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of birth; |
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(B) maintaining the information; or |
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(C) exchanging the information with another |
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federal, state, or local governmental entity; |
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(3) assisting or cooperating with a federal |
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immigration officer as reasonable and necessary, including |
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providing enforcement assistance; or |
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(4) permitting a federal immigration officer to enter |
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and conduct enforcement activities at a municipal or county jail to |
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enforce federal immigration laws. |
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(d) An entity described by Subsection (a) may not receive |
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state grant funds if the entity adopts a rule, order, ordinance, or |
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policy under which the entity prohibits the enforcement of the laws |
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of this state or federal laws relating to Subsection (b) or, by |
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consistent actions, prohibits the enforcement of the laws of this |
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state or federal laws relating to Subsection (b). State grant funds |
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for the entity shall be denied for the fiscal year following the |
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year in which the rule, order, ordinance, or policy is adopted or |
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the determination is made that the entity has intentionally |
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prohibited the enforcement of the laws of this state or federal laws |
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relating to Subsection (b). The governor's office may issue |
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guidelines to implement this subsection uniformly among the state |
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agencies from which state grant funds are distributed to an entity. |
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(e) The attorney general may file a petition for a writ of |
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mandamus or apply for other appropriate equitable relief in a |
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district court of a county in which the principal office of an |
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entity described by Subsection (a) is located to compel the entity |
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that adopts a rule, order, ordinance, or policy under which the |
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local entity prohibits the enforcement of the laws of this state or |
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federal laws relating to Subsection (b) or that, by consistent |
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actions, prohibits the enforcement of the laws of this state or |
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federal laws relating to Subsection (b) to comply with Subsection |
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(b). The attorney general may recover reasonable expenses incurred |
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in obtaining relief under this subsection, including court costs, |
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reasonable attorney's fees, investigative costs, witness fees, and |
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deposition costs. |
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SECTION 2. The heading to Chapter 370, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL
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AND COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE |
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TYPE OF LOCAL GOVERNMENT |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |