Bill Text: TX HB138 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the enforcement within this state of certain federal laws regarding immigration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-10-11 - Filed [HB138 Detail]
Download: Texas-2023-HB138-Introduced.html
| 88S30283 SCP-F | ||
| By: Slawson | H.B. No. 138 | |
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| relating to the enforcement within this state of certain federal | ||
| laws regarding immigration. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 7, Government Code, is amended by adding | ||
| Chapter 795 to read as follows: | ||
| CHAPTER 795. ENFORCEMENT OF CERTAIN FEDERAL LAWS RELATED TO | ||
| IMMIGRATION | ||
| Sec. 795.001. DEFINITION. In this chapter, "state money" | ||
| means money the legislature appropriates or money a state agency | ||
| controls or directs. | ||
| Sec. 795.002. PROHIBITED ENFORCEMENT OF CERTAIN FEDERAL | ||
| LAWS. Notwithstanding any other law, a state agency, a political | ||
| subdivision, or a law enforcement officer or other person employed | ||
| by a state agency or political subdivision may not enforce, | ||
| contract to enforce, or provide assistance to a federal agency or | ||
| official with respect to enforcing a federal statute, order, rule, | ||
| or regulation that: | ||
| (1) requires an individual who has illegally crossed | ||
| the Texas-Mexico border to remain in this state until the | ||
| individual receives a final determination on: | ||
| (A) the individual's application for asylum or | ||
| refugee status; or | ||
| (B) any other immigration screening process by | ||
| the federal government; and | ||
| (2) imposes a prohibition, restriction, or other | ||
| regulation that does not exist under this state's laws. | ||
| Sec. 795.003. COMPLAINT AND ATTORNEY GENERAL ACTION. (a) | ||
| An individual residing in the jurisdiction of a political | ||
| subdivision may file a complaint with the attorney general if the | ||
| individual offers evidence to support an allegation that the | ||
| political subdivision: | ||
| (1) entered into a contract or adopted a rule, order, | ||
| ordinance, or policy under which the political subdivision enforces | ||
| or assists with the enforcement of a federal statute, order, rule, | ||
| or regulation described by Section 795.002; or | ||
| (2) by consistent actions, enforces or assists with | ||
| the enforcement of a federal statute, order, rule, or regulation | ||
| described by Section 795.002. | ||
| (b) A complaint filed under Subsection (a) must include | ||
| evidence supporting the complaint. | ||
| (c) If the attorney general determines that a complaint | ||
| filed under Subsection (a) against a political subdivision 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 political subdivision is located to compel | ||
| the political subdivision to comply with Section 795.002. 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. | ||
| Sec. 795.004. INELIGIBILITY FOR STATE MONEY; NOTICE OF | ||
| COURT DETERMINATION; COMPTROLLER ACTION. (a) If a court renders a | ||
| final determination in an action brought under Section 795.003(c) | ||
| and finds that a political subdivision violated Section 795.002, | ||
| the political subdivision is ineligible to receive state money, | ||
| including money from the general revenue fund or a grant program a | ||
| state agency or other state entity administers, during the state | ||
| fiscal year beginning immediately after the date the determination | ||
| is made. | ||
| (b) The attorney general shall immediately notify the | ||
| comptroller of any final judicial determination described by | ||
| Subsection (a). | ||
| (c) If the comptroller receives notice under Subsection | ||
| (b), the comptroller shall withhold any state money from the | ||
| political subdivision during the state fiscal year beginning | ||
| immediately after the date the judicial determination is made. | ||
| Sec. 795.005. APPEAL OF ATTORNEY GENERAL ACTION. An appeal | ||
| of an action brought under Section 795.003(c) 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. 795.006. DEFENSE BY ATTORNEY GENERAL IN CERTAIN | ||
| ACTIONS. The attorney general shall defend any state agency in a | ||
| suit brought against the agency by the federal government for an act | ||
| or omission of the agency consistent with the requirements of this | ||
| chapter. | ||
| SECTION 2. Chapter 795, Government Code, as added by this | ||
| Act, applies only to a contract entered into on or after the | ||
| effective date of this Act. A contract entered into before the | ||
| effective date of this Act is governed by the law in effect on the | ||
| date the contract was entered into, and the former law is continued | ||
| in effect for that purpose. | ||
| 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 on the 91st day after the last day of the | ||
| legislative session. | ||
