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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of certain provisions governing state and |
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local enforcement of immigration laws and to certain other |
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provisions related to immigration law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The following provisions that are effective |
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September 1, 2017, are repealed: |
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(1) Articles 2.13(d) and (e), Code of Criminal |
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Procedure, as added by S.B. 4, Acts of the 85th Legislature, |
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Regular Session, 2017; |
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(2) Article 2.251, Code of Criminal Procedure; |
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(3) Article 17.16(a-1), Code of Criminal Procedure; |
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(4) Article 42.039, Code of Criminal Procedure; |
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(5) Section 402.0241, Government Code; |
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(6) Subchapter C, Chapter 752, Government Code; |
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(7) Section 772.0073, Government Code, as added by |
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S.B. 4, Acts of the 85th Legislature, Regular Session, 2017; |
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(8) Section 87.031(c), Local Government Code; and |
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(9) Section 39.07, Penal Code. |
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SECTION 2. Article 17.16(a), Code of Criminal Procedure, as |
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effective September 1, 2017, is amended to read as follows: |
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(a) A surety may before forfeiture relieve the surety of the |
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surety's undertaking by: |
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(1) surrendering the accused into the custody of the |
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sheriff of the county where the prosecution is pending; or |
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(2) delivering to the sheriff of the county in which |
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the prosecution is pending and to the office of the prosecuting |
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attorney an affidavit stating that the accused is incarcerated in[:
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[(A)] federal custody, in [subject to Subsection
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(a-1);
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[(B)] the custody of any state,[;] or in |
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[(C)] any county of this state. |
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SECTION 3. Chapter 752, Government Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. IMMIGRATION DETAINER REQUESTS |
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Sec. 752.051. DEFINITIONS. In this subchapter: |
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(1) "Immigration detainer request" means a federal |
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government request to a local entity to maintain temporary custody |
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of an alien, including a United States Department of Homeland |
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Security Form I-247 document or a similar or successor form. |
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(2) "Local entity" means a municipality or county and |
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includes a law enforcement agency under the jurisdiction of the |
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municipality or county. |
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Sec. 752.052. PROHIBITION ON STATE GRANT FUNDS TO CERTAIN |
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LOCAL ENTITIES. (a) Subject to Subsection (b), a local entity, |
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including each entity under the jurisdiction of the local entity, |
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may not be awarded state grant funds if: |
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(1) the local entity detains a person pursuant to and |
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in furtherance of an immigration detainer request; and |
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(2) a final judicial determination is made that the |
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detainer request or the local entity's detention of the person in |
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accordance with the detainer request violated the Texas |
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Constitution or United States Constitution. |
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(b) The prohibition imposed by Subsection (a) applies only |
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to the state fiscal year immediately following the fiscal year in |
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which the final judicial determination described by Subsection |
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(a)(2) is made. |
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(c) The comptroller shall adopt rules to implement this |
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section uniformly among the state agencies from which state grant |
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funds are distributed to local entities. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect immediately if it receives a vote of |
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two-thirds of all the members elected to each house, as provided by |
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Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, this Act takes |
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effect December 1, 2017. |
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(b) Subchapter C, Chapter 752, Government Code, as added by |
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this Act, takes effect December 1, 2017. |