|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the repeal of certain provisions governing state and |
|
local enforcement of immigration laws and to certain other |
|
provisions related to immigration law. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The following provisions that are effective |
|
September 1, 2017, are repealed: |
|
(1) Articles 2.13(d) and (e), Code of Criminal |
|
Procedure, as added by S.B. 4, Acts of the 85th Legislature, |
|
Regular Session, 2017; |
|
(2) Article 2.251, Code of Criminal Procedure; |
|
(3) Article 17.16(a-1), Code of Criminal Procedure; |
|
(4) Article 42.039, Code of Criminal Procedure; |
|
(5) Section 402.0241, Government Code; |
|
(6) Subchapter C, Chapter 752, Government Code; |
|
(7) Section 772.0073, Government Code, as added by |
|
S.B. 4, Acts of the 85th Legislature, Regular Session, 2017; |
|
(8) Section 87.031(c), Local Government Code; and |
|
(9) Section 39.07, Penal Code. |
|
SECTION 2. Article 17.16(a), Code of Criminal Procedure, as |
|
effective September 1, 2017, is amended 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, in [subject to Subsection
|
|
(a-1);
|
|
[(B)] the custody of any state,[;] or in |
|
[(C)] any county of this state. |
|
SECTION 3. Chapter 752, Government Code, is amended by |
|
adding Subchapter C to read as follows: |
|
SUBCHAPTER C. IMMIGRATION DETAINER REQUESTS |
|
Sec. 752.051. DEFINITIONS. In this subchapter: |
|
(1) "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. |
|
(2) "Local entity" means a municipality or county and |
|
includes a law enforcement agency under the jurisdiction of the |
|
municipality or county. |
|
Sec. 752.052. PROHIBITION ON STATE GRANT FUNDS TO CERTAIN |
|
LOCAL ENTITIES. (a) Subject to Subsection (b), a local entity, |
|
including each entity under the jurisdiction of the local entity, |
|
may not be awarded state grant funds if: |
|
(1) the local entity detains a person pursuant to and |
|
in furtherance of an immigration detainer request; and |
|
(2) a final judicial determination is made that the |
|
detainer request or the local entity's detention of the person in |
|
accordance with the detainer request violated the Texas |
|
Constitution or United States Constitution. |
|
(b) The prohibition imposed by Subsection (a) applies only |
|
to the state fiscal year immediately following the fiscal year in |
|
which the final judicial determination described by Subsection |
|
(a)(2) is made. |
|
(c) The comptroller shall adopt rules to implement this |
|
section uniformly among the state agencies from which state grant |
|
funds are distributed to local entities. |
|
SECTION 4. (a) Except as provided by Subsection (b) of this |
|
section, 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 December 1, 2017. |
|
(b) Subchapter C, Chapter 752, Government Code, as added by |
|
this Act, takes effect December 1, 2017. |