|
|
|
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. |