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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of federal immigration law at places of |
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worship, hospitals, public schools, and courthouses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.255 to read as follows: |
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Art. 2.255. ENFORCEMENT OF FEDERAL IMMIGRATION LAW AT |
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PLACES OF WORSHIP, HOSPITALS, PUBLIC SCHOOLS, AND COURTHOUSES. (a) |
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A law enforcement agency or other governmental entity that employs |
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a peace officer shall adopt and enforce a policy that prohibits the |
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agency's or entity's peace officers from participating in the |
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enforcement of federal law relating to aliens, immigrants, or |
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immigration, including the federal Immigration and Nationality Act |
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(8 U.S.C. Section 1101 et seq.), on the property of a place of |
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worship, hospital, public school, including a public institution of |
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higher education, or courthouse. |
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(b) The attorney general, in consultation with agencies and |
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entities described by Subsection (a), shall develop and publish a |
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model policy on the attorney general's Internet website for the |
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enforcement of federal immigration law at places of worship, |
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hospitals, public schools, and courthouses to ensure that those |
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facilities remain safe and accessible to all residents of this |
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state regardless of immigration status. |
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SECTION 2. Section 752.053, Government Code, as effective |
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September 1, 2017, is amended to read as follows: |
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Sec. 752.053. POLICIES AND ACTIONS REGARDING IMMIGRATION |
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ENFORCEMENT. (a) Except as provided by Article 2.255, Code of |
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Criminal Procedure, a [A] local entity or campus police department |
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may not: |
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(1) adopt, enforce, or endorse a policy under which |
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the entity or department prohibits or materially limits the |
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enforcement of immigration laws; |
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(2) as demonstrated by pattern or practice, prohibit |
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or materially limit the enforcement of immigration laws; or |
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(3) for an entity that is a law enforcement agency or |
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for a department, as demonstrated by pattern or practice, |
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intentionally violate Article 2.251, Code of Criminal Procedure. |
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(b) Except as provided by Article 2.255, Code of Criminal |
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Procedure [In compliance with Subsection (a)], a local entity or |
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campus police department, in compliance with Subsection (a), may |
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not prohibit or materially limit a person who is a commissioned |
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peace officer described by Article 2.12, Code of Criminal |
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Procedure, a corrections officer, a booking clerk, a magistrate, or |
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a district attorney, criminal district attorney, or other |
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prosecuting attorney and who is employed by or otherwise under the |
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direction or control of the entity or department from doing any of |
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the following: |
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(1) inquiring into the immigration status of a person |
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under a lawful detention or under arrest; |
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(2) with respect to information relating to the |
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immigration status, lawful or unlawful, of any person under a |
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lawful detention or under arrest, including information regarding |
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the person's place of birth: |
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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, United States Immigration and Customs |
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Enforcement, or another relevant federal agency; |
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(B) maintaining the information; or |
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(C) exchanging the information with another |
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local entity or campus police department or a federal or state |
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governmental entity; |
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(3) assisting or cooperating with a federal |
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immigration officer as reasonable or 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 jail to enforce federal |
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immigration laws. |
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(c) Notwithstanding Subsection (b)(3) and subject to |
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Article 2.255, Code of Criminal Procedure, a local entity or campus |
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police department may prohibit persons who are employed by or |
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otherwise under the direction or control of the entity or |
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department from assisting or cooperating with a federal immigration |
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officer if the assistance or cooperation occurs at a place of |
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worship. |
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SECTION 3. This Act takes effect December 1, 2017. |