84R2065 SCL-D
	By: Perry	S.B. No. 185

	A BILL TO BE ENTITLED
	AN ACT
	relating to the enforcement of state and federal laws governing
	immigration by certain governmental entities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 370, Local Government Code, is amended
	by adding Section 370.0031 to read as follows:
	Sec. 370.0031.  LOCAL GOVERNMENT POLICY REGARDING
	ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS. (a) This
	section applies to the following entities:
	(1)  the governing body of a municipality, county, or
	special district or authority, subject to Subsections (b) and (c);
	(2)  an officer, employee, 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
	(3)  a district attorney or criminal district attorney.
	(b)  This section does not apply to a school district or
	open-enrollment charter school or a junior college district, except
	that this subsection does not exclude the application of this
	section to a commissioned peace officer employed or commissioned by
	a school district or open-enrollment charter school or a junior
	college district.  This section does not apply to the release of
	information contained in education 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).
	(c)  This section does not apply to a hospital or hospital
	district created under Subtitle C or D, Title 4, Health and Safety
	Code, 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.
	(d)  Subsection (c) does not exclude the application of this
	section to a commissioned peace officer employed by or commissioned
	by a hospital or hospital district subject to Subsection (c).
	(e)  An entity described by Subsection (a) may not adopt a
	rule, order, ordinance, or policy under which the entity prohibits
	the enforcement of the laws of this state or federal law relating to
	immigrants or immigration, including the federal Immigration and
	Nationality Act (8 U.S.C. Section 1101 et seq.).
	(f)  In compliance with Subsection (e), an entity described
	by Subsection (a) may not prohibit a person employed by or otherwise
	under the direction or control of the entity from doing any of the
	following:
	(1)  inquiring into the immigration status of a person
	lawfully detained for the investigation of a criminal offense or
	arrested;
	(2)  with respect to information relating to the
	immigration status, lawful or unlawful, of any person lawfully
	detained for the investigation of a criminal offense or arrested:
	(A)  sending the information to or requesting or
	receiving the information from United States Citizenship and
	Immigration Services or United States Immigration and Customs
	Enforcement, including information regarding a person's place of
	birth;
	(B)  maintaining the information; or
	(C)  exchanging the information with another
	federal, state, or local governmental entity;
	(3)  assisting or cooperating with a federal
	immigration officer as reasonable and necessary, including
	providing enforcement assistance; or
	(4)  permitting a federal immigration officer to enter
	and conduct enforcement activities at a municipal or county jail to
	enforce federal immigration laws.
	(g)  An entity described by Subsection (a) or a person
	employed by or otherwise under the direction or control of the
	entity may not consider race, color, language, or national origin
	while enforcing the laws described by Subsection (e) except to the
	extent permitted by the United States Constitution or the Texas
	Constitution.
	(h)  An entity described by Subsection (a) may not receive
	state grant funds if the entity adopts a rule, order, ordinance, or
	policy under which the entity prohibits the enforcement of the laws
	described by Subsection (e) or, by consistent actions, prohibits
	the enforcement of those laws. State grant funds for the entity
	shall be denied for the fiscal year following the year in which a
	final judicial determination in an action brought under this
	section is made that the entity has intentionally prohibited the
	enforcement of the laws described by Subsection (e).
	(i)  Any citizen residing in the jurisdiction of an entity
	described by Subsection (a) may file a complaint with the attorney
	general if the citizen offers evidence to support an allegation
	that the entity has adopted a rule, order, ordinance, or policy
	under which the entity prohibits the enforcement of the laws
	described by Subsection (e) or that the entity, by consistent
	actions, prohibits the enforcement of those laws. The citizen must
	include with the complaint the evidence the citizen has that
	supports the complaint.
	(j)  If the attorney general determines that a complaint
	filed under Subsection (i) against an entity described by
	Subsection (a) 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 an entity described by Subsection (a) is
	located to compel the entity that adopts a rule, order, ordinance,
	or policy under which the local entity prohibits the enforcement of
	the laws described by Subsection (e) or that, by consistent
	actions, prohibits the enforcement of those laws to comply with
	Subsection (e).  The attorney general may recover reasonable
	expenses incurred in obtaining relief under this subsection,
	including court costs, reasonable attorney's fees, investigative
	costs, witness fees, and deposition costs.
	(k)  An appeal of a suit brought under Subsection (j) 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.
	SECTION 2.  The heading to Chapter 370, Local Government
	Code, is amended to read as follows:
	CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL
	AND COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE
	TYPE OF LOCAL GOVERNMENT
	SECTION 3.  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, 2015.