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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 the following entities: |
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(1) the governing body of a municipality, county, or |
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special district or authority, subject to Subsections (b) and (c); |
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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; and |
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(3) a district attorney or criminal district attorney. |
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(b) This section does not apply to a school district or |
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open-enrollment charter school or a junior college district, except |
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that this subsection does not exclude the application of this |
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section to a commissioned peace officer employed or commissioned by |
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a school district or open-enrollment charter school or a junior |
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college district. This section does not apply to the release of |
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information contained in education records of an educational agency |
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or institution, except in conformity with the Family Educational |
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Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). |
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(c) This section does not apply to a hospital or hospital |
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district created under Subtitle C or D, Title 4, Health and Safety |
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Code, or a hospital district created under a general or special law |
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authorized by Article IX, Texas Constitution, to the extent that |
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the hospital or hospital district is providing access to or |
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delivering medical or health care services as required under the |
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following applicable federal or state laws: |
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(1) 42 U.S.C. Section 1395dd; |
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(2) 42 U.S.C. Section 1396b(v); |
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(3) Subchapter C, Chapter 61, Health and Safety Code; |
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(4) Chapter 81, Health and Safety Code; and |
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(5) Section 311.022, Health and Safety Code. |
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(d) Subsection (c) does not exclude the application of this |
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section to a commissioned peace officer employed by or commissioned |
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by a hospital or hospital district subject to Subsection (c). |
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(e) 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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(f) In compliance with Subsection (e), 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 for the investigation of a criminal offense or |
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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 for the investigation of a criminal offense 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 a person's place of |
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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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(g) An entity described by Subsection (a) or a person |
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employed by or otherwise under the direction or control of the |
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entity may not consider race, color, language, or national origin |
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while enforcing the laws described by Subsection (e) except to the |
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extent permitted by the United States Constitution or the Texas |
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Constitution. |
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(h) 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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described by Subsection (e) or, by consistent actions, prohibits |
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the enforcement of those laws. State grant funds for the entity |
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shall be denied for the fiscal year following the year in which a |
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final judicial determination in an action brought under this |
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section is made that the entity has intentionally prohibited the |
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enforcement of the laws described by Subsection (e). |
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(i) Any citizen residing in the jurisdiction of an entity |
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described by Subsection (a) may file a complaint with the attorney |
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general if the citizen offers evidence to support an allegation |
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that the entity has adopted a rule, order, ordinance, or policy |
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under which the entity prohibits the enforcement of the laws |
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described by Subsection (e) or that the entity, by consistent |
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actions, prohibits the enforcement of those laws. The citizen must |
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include with the complaint the evidence the citizen has that |
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supports the complaint. |
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(j) If the attorney general determines that a complaint |
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filed under Subsection (i) against an entity described by |
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Subsection (a) is valid, the attorney general may file a petition |
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for a writ of mandamus or apply for other appropriate equitable |
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relief in a district court in Travis County or in a county in which |
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the principal office of an entity described by Subsection (a) is |
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located to compel the entity that adopts a rule, order, ordinance, |
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or policy under which the local entity prohibits the enforcement of |
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the laws described by Subsection (e) or that, by consistent |
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actions, prohibits the enforcement of those laws to comply with |
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Subsection (e). The attorney general may recover reasonable |
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expenses incurred in obtaining relief under this subsection, |
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including court costs, reasonable attorney's fees, investigative |
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costs, witness fees, and deposition costs. |
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(k) An appeal of a suit brought under Subsection (j) is |
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governed by the procedures for accelerated appeals in civil cases |
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under the Texas Rules of Appellate Procedure. The appellate court |
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shall render its final order or judgment with the least possible |
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delay. |
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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, 2015. |