S.B. No. 4

	AN ACT
	relating to the enforcement by campus police departments and
	certain local governmental entities of state and federal laws
	governing immigration and to related duties and liability of
	certain persons in the criminal justice system; providing a civil
	penalty; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1.  POLICIES OF AND GRANT PROGRAMS FOR LOCAL ENTITIES AND
	CAMPUS POLICE DEPARTMENTS
	SECTION 1.01.  Chapter 752, Government Code, is amended by
	adding Subchapter C to read as follows:
	SUBCHAPTER C. ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS BY
	LOCAL ENTITIES AND CAMPUS POLICE DEPARTMENTS
	Sec. 752.051.  DEFINITIONS. In this subchapter:
	(1)  "Campus police department" means a law enforcement
	agency of an institution of higher education.
	(2)  "Immigration laws" means the laws of this state or
	federal law relating to aliens, immigrants, or immigration,
	including the federal Immigration and Nationality Act (8 U.S.C.
	Section 1101 et seq.).
	(3)  "Institution of higher education" means:
	(A)  an institution of higher education as defined
	by Section 61.003, Education Code; or
	(B)  a private or independent institution of
	higher education as defined by Section 61.003, Education Code.
	(4)  "Lawful detention" means the detention of an
	individual by a local entity, state criminal justice agency, or
	campus police department for the investigation of a criminal
	offense. The term excludes a detention if the sole reason for the
	detention is that the individual:
	(A)  is a victim of or witness to a criminal
	offense; or
	(B)  is reporting a criminal offense.
	(5)  "Local entity" means:
	(A)  the governing body of a municipality, county,
	or special district or authority, subject to Section 752.052;
	(B)  an officer or employee of or a division,
	department, or other body that is part of a municipality, county, or
	special district or authority, including a sheriff, municipal
	police department, municipal attorney, or county attorney; and
	(C)  a district attorney or criminal district
	attorney.
	(6)  "Policy" includes a formal, written rule, order,
	ordinance, or policy and an informal, unwritten policy.
	Sec. 752.052.  APPLICABILITY OF SUBCHAPTER. (a)  This
	subchapter does not apply to a hospital or hospital district
	created under Subtitle C or D, Title 4, Health and Safety Code, a
	federally qualified health center as defined in Section 31.017,
	Health and Safety Code, a hospital owned or operated by an
	institution of higher education, or a hospital district created
	under a general or special law authorized by Article IX, Texas
	Constitution, to the extent that the hospital or hospital district
	is providing access to or delivering medical or health care
	services as required under the following applicable federal or
	state laws:
	(1)  42 U.S.C. Section 1395dd;
	(2)  42 U.S.C. Section 1396b(v);
	(3)  Subchapter C, Chapter 61, Health and Safety Code;
	(4)  Chapter 81, Health and Safety Code; and
	(5)  Section 311.022, Health and Safety Code.
	(b)  Subsection (a) excludes the application of this
	subchapter to a commissioned peace officer:
	(1)  employed by a hospital or hospital district during
	the officer's employment; or
	(2)  commissioned by a hospital or hospital district.
	(c)  This subchapter does not apply to a commissioned peace
	officer employed or contracted by a religious organization during
	the officer's employment with the organization or while the officer
	is performing the contract.
	(d)  This subchapter does not apply to a school district or
	open-enrollment charter school, including a peace officer employed
	or contracted by a district or charter school during the officer's
	employment with the district or charter school or while the officer
	is performing the contract. This subchapter does not apply to the
	release of information contained in educational records of an
	educational agency or institution, except in conformity with the
	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
	Section 1232g).
	(e)  This subchapter does not apply to the public health
	department of a local entity.
	(f)  This subchapter does not apply to:
	(1)  a community center as defined by Section 571.003,
	Health and Safety Code; or
	(2)  a local mental health authority as defined by
	Section 531.002, Health and Safety Code.
	Sec. 752.053.  POLICIES AND ACTIONS REGARDING IMMIGRATION
	ENFORCEMENT. (a)  A local entity or campus police department may
	not:
	(1)  adopt, enforce, or endorse a policy under which
	the entity or department prohibits or materially limits the
	enforcement of immigration laws;
	(2)  as demonstrated by pattern or practice, prohibit
	or materially limit the enforcement of immigration laws; or
	(3)  for an entity that is a law enforcement agency or
	for a department, as demonstrated by pattern or practice,
	intentionally violate Article 2.251, Code of Criminal Procedure.
	(b)  In compliance with Subsection (a), a local entity or
	campus police department may not prohibit or materially limit a
	person who is a commissioned peace officer described by Article
	2.12, Code of Criminal Procedure, a corrections officer, a booking
	clerk, a magistrate, or a district attorney, criminal district
	attorney, or other prosecuting attorney and who is employed by or
	otherwise under the direction or control of the entity or
	department from doing any of the following:
	(1)  inquiring into the immigration status of a person
	under a lawful detention or under arrest;
	(2)  with respect to information relating to the
	immigration status, lawful or unlawful, of any person under a
	lawful detention or under arrest, including information regarding
	the person's place of birth:
	(A)  sending the information to or requesting or
	receiving the information from United States Citizenship and
	Immigration Services, United States Immigration and Customs
	Enforcement, or another relevant federal agency;
	(B)  maintaining the information; or
	(C)  exchanging the information with another
	local entity or campus police department or a federal or state
	governmental entity;
	(3)  assisting or cooperating with a federal
	immigration officer as reasonable or necessary, including
	providing enforcement assistance; or
	(4)  permitting a federal immigration officer to enter
	and conduct enforcement activities at a jail to enforce federal
	immigration laws.
	(c)  Notwithstanding Subsection (b)(3), a local entity or
	campus police department may prohibit persons who are employed by
	or otherwise under the direction or control of the entity or
	department from assisting or cooperating with a federal immigration
	officer if the assistance or cooperation occurs at a place of
	worship.
	Sec. 752.054.  DISCRIMINATION PROHIBITED. A local entity,
	campus police department, or a person employed by or otherwise
	under the direction or control of the entity or department may not
	consider race, color, religion, language, or national origin while
	enforcing immigration laws except to the extent permitted by the
	United States Constitution or Texas Constitution.
	Sec. 752.055.  COMPLAINT; EQUITABLE RELIEF. (a)  Any
	citizen residing in the jurisdiction of a local entity or any
	citizen enrolled at or employed by an institution of higher
	education may file a complaint with the attorney general if the
	person asserts facts supporting an allegation that the entity or
	the institution's campus police department has violated Section
	752.053. The citizen must include a sworn statement with the
	complaint stating that to the best of the citizen's knowledge, all
	of the facts asserted in the complaint are true and correct.
	(b)  If the attorney general determines that a complaint
	filed under Subsection (a) against a local entity or campus police
	department is valid, the attorney general may file a petition for a
	writ of mandamus or apply for other appropriate equitable relief in
	a district court in Travis County or in a county in which the
	principal office of the entity or department is located to compel
	the entity or department that is suspected of violating Section
	752.053 to comply with that section.
	(c)  An appeal of a suit brought under Subsection (b) is
	governed by the procedures for accelerated appeals in civil cases
	under the Texas Rules of Appellate Procedure.  The appellate court
	shall render its final order or judgment with the least possible
	delay.
	Sec. 752.056.  CIVIL PENALTY. (a)  A local entity or campus
	police department that is found by a court of law as having
	intentionally violated Section 752.053 is subject to a civil
	penalty in an amount:
	(1)  not less than $1,000 and not more than $1,500 for
	the first violation; and
	(2)  not less than $25,000 and not more than $25,500 for
	each subsequent violation.
	(b)  Each day of a continuing violation of Section 752.053
	constitutes a separate violation for the civil penalty under this
	section.
	(c)  The court that hears an action brought under Section
	752.055 against the local entity or campus police department shall
	determine the amount of the civil penalty under this section.
	(d)  A civil penalty collected under this section shall be
	deposited to the credit of the compensation to victims of crime fund
	established under Subchapter B, Chapter 56, Code of Criminal
	Procedure.
	(e)  Sovereign immunity of this state and governmental
	immunity of a county and municipality to suit is waived and
	abolished to the extent of liability created by this section.
	Sec. 752.0565.  REMOVAL FROM OFFICE. (a)  For purposes of
	Section 66.001, Civil Practice and Remedies Code, a person holding
	an elective or appointive office of a political subdivision of this
	state does an act that causes the forfeiture of the person's office
	if the person violates Section 752.053.
	(b)  The attorney general shall file a petition under Section
	66.002, Civil Practice and Remedies Code, against a public officer
	to which Subsection (a) applies if presented with evidence,
	including evidence of a statement by the public officer,
	establishing probable grounds that the public officer engaged in
	conduct described by Subsection (a). The court in which the
	petition is filed shall give precedence to proceedings relating to
	the petition in the same manner as provided for an election contest
	under Section 23.101.
	(c)  If the person against whom an information is filed based
	on conduct described by Subsection (a) is found guilty as charged,
	the court shall enter judgment removing the person from office.
	Sec. 752.057.  COMMUNITY OUTREACH POLICY. (a)  Each law
	enforcement agency that is subject to the requirements of this
	subchapter may adopt a written policy requiring the agency to
	perform community outreach activities to educate the public that a
	peace officer may not inquire into the immigration status of a
	victim of or witness to an alleged criminal offense unless, as
	provided by Article 2.13, Code of Criminal Procedure, the officer
	determines that the inquiry is necessary to:
	(1)  investigate the offense; or
	(2)  provide the victim or witness with information
	about federal visas designed to protect individuals providing
	assistance to law enforcement.
	(b)  A policy adopted under this section must include
	outreach to victims of:
	(1)  family violence, as that term is defined by
	Section 71.004, Family Code, including those receiving services at
	family violence centers under Chapter 51, Human Resources Code; and
	(2)  sexual assault, including those receiving
	services under a sexual assault program, as those terms are defined
	by Section 420.003.
	SECTION 1.02.  Subchapter A, Chapter 772, Government Code,
	is amended by adding Section 772.0073 to read as follows:
	Sec. 772.0073.  ENFORCEMENT OF IMMIGRATION LAW GRANT
	PROGRAM. (a)  In this section:
	(1)  "Criminal justice division" means the criminal
	justice division established under Section 772.006.
	(2)  "Immigration detainer request" means a federal
	government request to a local entity to maintain temporary custody
	of an alien, including a United States Department of Homeland
	Security Form I-247 document or a similar or successor form.
	(3)  "Immigration laws" means the laws of this state or
	federal law relating to aliens, immigrants, or immigration,
	including the federal Immigration and Nationality Act (8 U.S.C.
	Section 1101 et seq.).
	(4)  "Local entity" means a municipality or county.
	(b)  The criminal justice division shall establish and
	administer a competitive grant program to provide financial
	assistance to local entities to offset costs related to:
	(1)  enforcing immigration laws; or
	(2)  complying with, honoring, or fulfilling
	immigration detainer requests.
	(c)  The criminal justice division shall establish:
	(1)  eligibility criteria for grant applicants;
	(2)  grant application procedures;
	(3)  criteria for evaluating grant applications and
	awarding grants;
	(4)  guidelines related to grant amounts; and
	(5)  procedures for monitoring the use of a grant
	awarded under this section and ensuring compliance with any
	conditions of the grant.
	(d)  The criminal justice division may use any revenue
	available for purposes of this section.
	ARTICLE 2.  DUTIES OF LAW ENFORCEMENT AGENCIES AND JUDGES
	SECTION 2.01.  Chapter 2, Code of Criminal Procedure, is
	amended by adding Article 2.251 to read as follows:
	Art. 2.251.  DUTIES RELATED TO IMMIGRATION DETAINER
	REQUESTS. (a)  A law enforcement agency that has custody of a
	person subject to an immigration detainer request issued by United
	States Immigration and Customs Enforcement shall:
	(1)  comply with, honor, and fulfill any request made
	in the detainer request provided by the federal government; and
	(2)  inform the person that the person is being held
	pursuant to an immigration detainer request issued by United States
	Immigration and Customs Enforcement.
	(b)  A law enforcement agency is not required to perform a
	duty imposed by Subsection (a) with respect to a person who has
	provided proof that the person is a citizen of the United States or
	that the person has lawful immigration status in the United States,
	such as a Texas driver's license or similar government-issued
	identification.
	SECTION 2.02.  Chapter 42, Code of Criminal Procedure, is
	amended by adding Article 42.039 to read as follows:
	Art. 42.039.  COMPLETION OF SENTENCE IN FEDERAL CUSTODY.
	(a)  This article applies only to a criminal case in which:
	(1)  the judgment requires the defendant to be confined
	in a secure correctional facility; and
	(2)  the defendant is subject to an immigration
	detainer request.
	(b)  In a criminal case described by Subsection (a), the
	judge shall, at the time of pronouncement of a sentence of
	confinement, issue an order requiring the secure correctional
	facility in which the defendant is to be confined and all
	appropriate government officers, including a sheriff, a warden, or
	members of the Board of Pardons and Paroles, as appropriate, to
	require the defendant to serve in federal custody the final portion
	of the defendant's sentence, not to exceed a period of seven days,
	following the facility's or officer's determination that the change
	in the place of confinement will facilitate the seamless transfer
	of the defendant into federal custody. In the absence of an order
	issued under this subsection, a facility or officer acting under
	exigent circumstances may perform the transfer after making the
	determination described by this subsection. This subsection
	applies only if appropriate officers of the federal government
	consent to the transfer of the defendant into federal custody under
	the circumstances described by this subsection.
	(c)  If the applicable information described by Subsection
	(a)(2) is not available at the time sentence is pronounced in the
	case, the judge shall issue the order described by Subsection (b) as
	soon as the information becomes available. The judge retains
	jurisdiction for the purpose of issuing an order under this
	article.
	(d)  For purposes of this article, "secure correctional
	facility" has the meaning assigned by Section 1.07, Penal Code.
	ARTICLE 3. DEFENSE OF LOCAL ENTITIES BY ATTORNEY GENERAL
	SECTION 3.01.  Subchapter B, Chapter 402, Government Code,
	is amended by adding Section 402.0241 to read as follows:
	Sec. 402.0241.  DEFENSE OF LOCAL ENTITIES IN SUITS RELATED
	TO IMMIGRATION DETAINER REQUESTS. (a)  In this section, "local
	entity" has the meaning assigned by Section 752.051.
	(b)  The attorney general shall defend a local entity in any
	action in any court if:
	(1)  the executive head or governing body, as
	applicable, of the local entity requests the attorney general's
	assistance in the defense; and
	(2)  the attorney general determines that the cause of
	action arises out of a claim involving the local entity's
	good-faith compliance with an immigration detainer request
	required by Article 2.251, Code of Criminal Procedure.
	(c)  If the attorney general defends a local entity under
	Subsection (b), the state is liable for the expenses, costs,
	judgment, or settlement of the claims arising out of the
	representation. The attorney general may settle or compromise any
	and all claims described by Subsection (b)(2). The state may not be
	liable for any expenses, costs, judgments, or settlements of any
	claims against a local entity not being represented by the attorney
	general under Subsection (b).
	ARTICLE 4.  SURETY BOND
	SECTION 4.01.  Article 17.16, Code of Criminal Procedure, is
	amended by amending Subsection (a) and adding Subsection (a-1) to
	read as follows:
	(a)  A surety may before forfeiture relieve the surety of the
	surety's undertaking by:
	(1)  surrendering the accused into the custody of the
	sheriff of the county where the prosecution is pending; or
	(2)  delivering to the sheriff of the county in which
	the prosecution is pending and to the office of the prosecuting
	attorney an affidavit stating that the accused is incarcerated in:
	(A)  federal custody, subject to Subsection
	(a-1);
	(B)  [in] the custody of any state;[,] or
	(C)  [in] any county of this state.
	(a-1)  For purposes of Subsection (a)(2), the surety may not
	be relieved of the surety's undertaking if the accused is in federal
	custody to determine whether the accused is lawfully present in the
	United States.
	ARTICLE 5. PROHIBITED CONDUCT BY SHERIFF OR CONSTABLE
	SECTION 5.01.  Section 87.031, Local Government Code, is
	amended by adding Subsection (c) to read as follows:
	(c)  For purposes of Subsection (a), "a misdemeanor
	involving official misconduct" includes a misdemeanor under
	Section 39.07, Penal Code.
	SECTION 5.02.  Chapter 39, Penal Code, is amended by adding
	Section 39.07 to read as follows:
	Sec. 39.07.  FAILURE TO COMPLY WITH IMMIGRATION DETAINER
	REQUEST. (a)  A person who is a sheriff, chief of police, or
	constable or a person who otherwise has primary authority for
	administering a jail commits an offense if the person:
	(1)  has custody of a person subject to an immigration
	detainer request issued by United States Immigration and Customs
	Enforcement; and
	(2)  knowingly fails to comply with the detainer
	request.
	(b)  An offense under this section is a Class A misdemeanor.
	(c)  It is an exception to the application of this section
	that the person who was subject to an immigration detainer request
	described by Subsection (a)(1) had provided proof that the person
	is a citizen of the United States or that the person has lawful
	immigration status in the United States, such as a Texas driver's
	license or similar government-issued identification.
	ARTICLE 6.  INQUIRY BY PEACE OFFICER REGARDING IMMIGRATION OR
	NATIONALITY OF CRIME VICTIM OR WITNESS
	SECTION 6.01.  Article 2.13, Code of Criminal Procedure, is
	amended by adding Subsections (d) and (e) to read as follows:
	(d)  Subject to Subsection (e), in the course of
	investigating an alleged criminal offense, a peace officer may
	inquire as to the nationality or immigration status of a victim of
	or witness to the offense only if the officer determines that the
	inquiry is necessary to:
	(1)  investigate the offense; or
	(2)  provide the victim or witness with information
	about federal visas designed to protect individuals providing
	assistance to law enforcement.
	(e)  Subsection (d) does not prevent a peace officer from:
	(1)  conducting a separate investigation of any other
	alleged criminal offense; or
	(2)  inquiring as to the nationality or immigration
	status of a victim of or witness to a criminal offense if the
	officer has probable cause to believe that the victim or witness has
	engaged in specific conduct constituting a separate criminal
	offense.
	ARTICLE 7.  SEVERABILITY AND EFFECTIVE DATE
	SECTION 7.01.  It is the intent of the legislature that every
	provision, section, subsection, sentence, clause, phrase, or word
	in this Act, and every application of the provisions in this Act to
	each person or entity, are severable from each other.  If any
	application of any provision in this Act to any person, group of
	persons, or circumstances is found by a court to be invalid for any
	reason, the remaining applications of that provision to all other
	persons and circumstances shall be severed and may not be affected.
	SECTION 7.02.  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, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 4 passed the Senate on
	February 8, 2017, by the following vote: Yeas 20, Nays 10; and that
	the Senate concurred in House amendments on May 3, 2017, by the
	following vote: Yeas 20, Nays 11.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 4 passed the House, with
	amendments, on April 27, 2017, by the following vote: Yeas 94,
	Nays 53, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor