By: Perry, et al.	S.B. No. 4
	(In the Senate - Filed November 15, 2016; January 24, 2017,
	read first time and referred to Committee on State Affairs;
	February 3, 2017, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 7, Nays 2; February 3, 2017,
	sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 4	By:  Hughes

	A BILL TO BE ENTITLED
	AN ACT
	relating to the enforcement by certain local governmental entities
	and campus police departments of state and federal laws governing
	immigration and to related duties of certain law enforcement and
	judicial entities in the criminal justice system.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter B, Chapter 101, Civil Practice and
	Remedies Code, is amended by adding Section 101.0216 to read as
	follows:
	Sec. 101.0216.  LIABILITY OF COUNTY OR MUNICIPALITY FOR
	FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST. (a)  A county
	or municipality that releases from custody a person who is the
	subject of an immigration detainer request issued by United States
	Immigration and Customs Enforcement is liable for damages resulting
	from a felony committed by the person in this state within 10 years
	following the person's release if:
	(1)  the county or municipality:
	(A)  did not detain the person as requested; and
	(B)  had probable cause to believe that the person
	is not a citizen and is subject to removal from the United States;
	and
	(2)  the person had been convicted before release of an
	offense that is punishable as a Class B misdemeanor or any higher
	category of offense.
	(b)  This section does not create liability for damages that
	a person who is subject to an immigration detainer request sustains
	following the person's release by a county or municipality.
	(c)  Governmental immunity of a county and municipality to
	suit is waived and abolished to the extent of liability created by
	this section.
	SECTION 2.  Chapter 2, Code of Criminal Procedure, is
	amended by adding Articles 2.251 and 2.252 to read as follows:
	Art. 2.251.  ENFORCEMENT OF FEDERAL IMMIGRATION LAW.  (a)  A
	peace officer may not stop a motor vehicle or conduct a search of a
	business or residence solely to enforce a federal law relating to
	aliens, immigrants, or immigration, including the federal
	Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.),
	unless the officer is acting:
	(1)  at the request of, or providing assistance to, an
	appropriate federal law enforcement officer; or
	(2)  under the terms of an agreement between the law
	enforcement agency employing the officer and the federal government
	under which the agency receives delegated authority to enforce
	federal law relating to aliens, immigrants, or immigration.
	(b)  A peace officer may arrest an alien not lawfully present
	in the United States only if the officer is acting under the
	authority granted under Article 2.13.
	Art. 2.252.  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 comply with,
	honor, and fulfill any request made in the detainer request and in
	any other instrument provided by the federal government.
	(b)  A law enforcement agency shall presume an immigration
	detainer request is based on probable cause and is otherwise valid,
	regardless of whether the detainer request is written or verbal.
	SECTION 3.  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 article, 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.
	SECTION 4.  Section 22A.001(a), Government Code, is amended
	to read as follows:
	(a)  The attorney general may petition the chief justice of
	the supreme court to convene a special three-judge district court
	in any suit:
	(1)  filed in a district court in this state in which
	this state or a state officer or agency is a defendant in a claim
	that:
	(A) [(1)]  challenges the finances or operations
	of this state's public school system; or
	(B) [(2)]  involves the apportionment of
	districts for the house of representatives, the senate, the State
	Board of Education, or the United States Congress, or state
	judicial districts; or
	(2)  involving an alleged violation of Section 752.053
	by a local entity or campus police department of an institution of
	higher education.
	SECTION 5.  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 chapter:
	(1)  "Campus police department" means a law enforcement
	agency of an institution of higher education.
	(2)  "Immigration detainer request" means a federal
	government request to a local entity or campus police department to
	maintain temporary custody of an alien. The term includes verbal
	and written requests, 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)  "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.
	(5)  "Lawful detention" means the detention of an
	individual by a local entity 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.
	(6)  "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.
	(7)  "Policy" includes a formal, written rule, order,
	ordinance, or policy and an informal, unwritten policy.
	Sec. 752.052.  APPLICABILITY OF CHAPTER. (a)  This chapter
	does not apply to a school district or open-enrollment charter
	school. This chapter 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).
	(b)  Subject to Subsection (c), this chapter 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.
	(c)  Subsection (b) does not exclude the application of this
	chapter to a commissioned peace officer employed by or commissioned
	by a hospital or hospital district otherwise subject to Subsection
	(b).
	Sec. 752.053.  POLICY REGARDING IMMIGRATION ENFORCEMENT.
	(a)  A local entity or campus police department shall not:
	(1)  adopt, enforce, or endorse a policy under which
	the entity or department prohibits or discourages the enforcement
	of immigration laws; or
	(2)  by consistent actions prohibit or discourage the
	enforcement of immigration laws.
	(b)  In compliance with Subsection (a), a local entity or
	campus police department shall not prohibit or discourage 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.
	Sec. 752.054.  DISCRIMINATION PROHIBITED. A local entity, a
	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, 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
	person, including the federal government, may file a complaint with
	the attorney general if the person offers evidence to support an
	allegation that a local entity or campus police department is
	violating Section 752.053. The person must include with the
	complaint the evidence the person has that supports the complaint.
	(b)  A local entity or campus police department for which the
	attorney general has received a complaint under Subsection (a)
	shall comply with a document request, including a request for
	supporting documents, from the attorney general related to the
	complaint.
	(c)  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 shall, not later than the
	10th day after the date of the determination, provide written
	notification to the entity or department that:
	(1)  the complaint has been filed;
	(2)  the attorney general has determined that the
	complaint is valid;
	(3)  the attorney general is authorized to file an
	action to enjoin the violation if the entity or department does not
	come into compliance with the requirements of Section 752.053 on or
	before the 90th day after the date the notification is provided; and
	(4)  the entity and each entity that is under the
	jurisdiction of the local entity or department will be denied state
	grant funds for the state fiscal year following the year in which a
	final judicial determination in an action brought under Subsection
	(e) is made.
	(d)  Not later than the 30th day after the day a local entity
	or campus police department receives written notification under
	Subsection (c), the entity or department shall provide the attorney
	general with a copy of:
	(1)  the entity's or department's written policies
	related to immigration enforcement actions;
	(2)  each immigration detainer request received by the
	entity or department from the United States Department of Homeland
	Security; and
	(3)  each response sent by the entity or department for
	a detainer request described by Subdivision (2).
	(e)  If the attorney general determines that a complaint
	filed under Subsection (a) is valid, the attorney general may
	petition the chief justice of the supreme court to convene the
	special three-judge district court described by Chapter 22A to hear
	a petition for a writ of mandamus or other appropriate equitable
	relief to compel the local entity or campus police department that
	is violating Section 752.053 to comply with that section.  The court
	shall be convened in Travis County or the county in which the
	principal office of the entity or department is located. 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.
	(f)  An appeal of a suit brought under Subsection (e) 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.  DENIAL OF STATE GRANT FUNDS; DATABASE.
	(a)  A local entity, including each entity under the jurisdiction
	of the local entity, or a campus police department may not receive
	state grant funds if the local entity or department violates
	Section 752.053.
	(b)  Except as provided by Subsection (c), state grant funds
	for a local entity or campus police department shall be denied
	beginning with the state fiscal year following the year in which a
	final judicial determination in an action brought under Section
	752.055 is made that the local entity or department has
	intentionally violated Section 752.053.  State grant funds shall
	continue to be denied until reinstated under Section 752.057.
	(c)  State grant funds for the provision of wearable body
	protective gear used for law enforcement purposes may not be denied
	under this section.
	(d)  The comptroller shall adopt rules to implement this
	section uniformly among the state agencies from which state grant
	funds are distributed to local entities and campus police
	departments.
	(e)  The attorney general shall develop and maintain a
	database listing each local entity and campus police department for
	which a final judicial determination described by Subsection (b)
	has been made. The attorney general shall post the database on the
	attorney general's Internet website.
	Sec. 752.057.  REINSTATEMENT OF STATE GRANT FUNDS.
	(a)  Except as provided by Subsection (b), not earlier than the
	first anniversary of the date of a final judicial determination
	that a local entity or campus police department has intentionally
	violated Section 752.053, the entity or department may petition the
	chief justice of the supreme court to convene the special
	three-judge district court described by Chapter 22A to hear an
	action against the attorney general seeking a declaratory judgment
	regarding the entity's or department's compliance with Section
	752.053.
	(b)  A local entity or campus police department may petition
	for the reinstatement of state grant funds under Subsection (a)
	before the date described by that subsection if the person who was
	the chief executive of the entity or department at the time of the
	violation of Section 752.053 is removed from office.
	(c)  A local entity or campus police department that brings
	an action described by Subsection (a) shall comply with a document
	request, including a request for supporting documents, from the
	attorney general related to the action.
	(d)  If the court renders a declaratory judgment declaring
	that the local entity or campus police department is in compliance
	with Section 752.053, state grant funds for the entity or
	department shall be reinstated beginning with the first day of the
	month following the month in which the declaratory judgment was
	rendered.
	(e)  A local entity or campus police department may not bring
	an action described by Subsection (a) more than twice in one
	12-month period.
	(f)  A party is not entitled to recover any attorney's fees
	in an action described by Subsection (a).
	SECTION 6.  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.  Not later than January 1, 2018, each law
	enforcement agency subject to this Act shall:
	(1)  formalize in writing any unwritten, informal
	policies relating to the enforcement of immigration laws; and
	(2)  update the agency's policies to be consistent with
	this Act and to include:
	(A)  provisions prohibiting an agency officer or
	employee from preventing agency personnel from taking immigration
	enforcement actions described by Section 752.053, Government Code,
	as added by this Act; and
	(B)  provisions requiring each agency officer or
	employee to comply with Articles 2.251 and 2.252, Code of Criminal
	Procedure, as added by this Act, if applicable.
	SECTION 8.  Section 101.0216, Civil Practice and Remedies
	Code, as added by this Act, applies only with respect to the release
	of a person from custody on or after the effective date of this Act.
	SECTION 9.  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.
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