82R2208 KEL-D
 
  By: Patrick S.B. No. 126
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the duty of a peace officer to inquire into the lawful
  presence of certain persons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.251 to read as follows:
         Art. 2.251.  LAWFUL PRESENCE INQUIRY BY PEACE OFFICER.  (a)  
  A peace officer shall inquire into the lawful presence of any person
  who is lawfully stopped, detained, or arrested on other grounds if
  the officer has a reasonable suspicion to believe the person has
  violated a criminal provision of the federal immigration laws.
         (b)  If a peace officer has probable cause to believe the
  person has committed a violation described by Subsection (a), the
  officer:
               (1)  may arrest the person for the violation; and
               (2)  shall identify and report the person to United
  States Immigration and Customs Enforcement after any arrest made by
  the officer under Subdivision (1) or on other grounds.
         (c)  A local ordinance, regulation, or policy that
  interferes with the ability of a peace officer to carry out a duty
  conferred by this article is void.
         (d)  A law enforcement agency, political subdivision, or
  other governmental entity and a peace officer or other employee of
  that agency, subdivision, or entity are immune from suit and
  liability for any cause of action, claim, or damages arising from
  the performance of an action authorized or a duty mandated under
  this article or from a failure to perform a duty mandated under this
  article. This subsection does not limit the liability of the
  agency, subdivision, entity, or officer or other employee for any
  intentional misconduct, recklessness, or gross negligence
  committed in performing an action authorized or a duty mandated
  under this article or in failing to perform a duty mandated under
  this article.
         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, 2011.