82R623 KLA-D
 
  By: Riddle H.B. No. 18
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the enforcement by certain governmental entities of
  laws governing immigration.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 370.003, Local Government Code, is
  amended to read as follows:
         Sec. 370.003.  LOCAL GOVERNMENT [MUNICIPAL OR COUNTY] POLICY
  REGARDING ENFORCEMENT OF STATE AND FEDERAL [DRUG] LAWS. (a) This
  section applies to:
               (1)  the [The] governing body of a municipality, [the
  commissioners court of a] county, or other political subdivision;
               (2)  an officer, employee, or other body that is part of
  a municipality, county, or other political subdivision, including a
  sheriff, municipal police department, municipal attorney, or
  county attorney; or
               (3)  a[,] district attorney[,] or criminal district
  attorney.
         (b)  An entity described by Subsection (a) may not adopt a
  rule, order, ordinance, or policy under which the entity will not
  fully enforce laws relating to:
               (1)  drugs, including Chapters 481 and 483, Health and
  Safety Code; and
               (2)  immigrants or immigration, including the federal
  Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.)[,
  and federal law].
         (c)  An entity described by Subsection (a) may not receive
  state money or retain unexpended state money if the entity adopts a
  rule, order, ordinance, or policy under which the entity will not
  fully enforce laws described by Subsection (b)(2) or, by consistent
  actions, fails to fully enforce those laws.
         (d)  If the attorney general determines that an entity
  described by Subsection (a) is ineligible to retain state money as
  provided by Subsection (c), the attorney general shall notify the
  entity of that determination and the entity shall promptly forfeit
  and repay to the state all unexpended state money held by the
  entity. The attorney general shall stay the duty to repay pending
  the outcome of an appeal under Subsection (e).
         (e)  Not later than the 21st day after the date of receiving
  notice of the determination, an entity may appeal a determination
  under Subsection (d) to a Travis County district court.
         (f)  An entity described by Subsection (a) that is determined
  ineligible to retain state money as provided by Subsections (d) and
  (e) shall be denied state money for each fiscal year:
               (1)  following the year in which the rule, order,
  ordinance, or policy is adopted or the determination is made that
  the entity has intentionally failed to fully enforce laws described
  by Subsection (b)(2); and
               (2)  during which the rule, order, ordinance, or policy
  that resulted in the determination remains in effect or the failure
  to enforce that resulted in the determination continues.
         SECTION 2.  The heading to Chapter 370, Local Government
  Code, is amended to read as follows:
  CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL
  AND COUNTY] HEALTH AND PUBLIC SAFETY APPLICABLE TO MORE THAN ONE
  TYPE OF LOCAL GOVERNMENT
         SECTION 3.  This Act takes effect September 1, 2011.