Bill Text: TX SB11 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the enforcement of state and federal laws governing immigration by certain governmental entities.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2011-03-01 - Co-author authorized [SB11 Detail]
Download: Texas-2011-SB11-Introduced.html
82R7015 PAM-D | ||
By: Williams | S.B. No. 11 |
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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: | ||
(1) the governing body of a municipality, county, or | ||
special district or authority; | ||
(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; or | ||
(3) a district attorney or criminal district attorney. | ||
(b) 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.). | ||
(c) In compliance with Subsection (b), 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 or arrested; | ||
(2) with respect to information relating to the | ||
immigration status, lawful or unlawful, of any person lawfully | ||
detained 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 an individual'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. | ||
(d) 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 | ||
of this state or federal laws relating to Subsection (b) or, by | ||
consistent actions, prohibits the enforcement of the laws of this | ||
state or federal laws relating to Subsection (b). State grant funds | ||
for the entity shall be denied for the fiscal year following the | ||
year in which the rule, order, ordinance, or policy is adopted or | ||
the determination is made that the entity has intentionally | ||
prohibited the enforcement of the laws of this state or federal laws | ||
relating to Subsection (b). The governor's office may issue | ||
guidelines to implement this subsection uniformly among the state | ||
agencies from which state grant funds are distributed to an entity. | ||
(e) The attorney general may file a petition for a writ of | ||
mandamus or apply for other appropriate equitable relief in a | ||
district court of 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 of this state or | ||
federal laws relating to Subsection (b) or that, by consistent | ||
actions, prohibits the enforcement of the laws of this state or | ||
federal laws relating to Subsection (b) to comply with Subsection | ||
(b). 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. | ||
SECTION 2. The heading to Chapter 370, Local Government | ||
Code, is amended to read as follows: | ||
CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [ |
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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, 2011. |