Bill Text: TX HB3960 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to contracts or agreements entered into by governmental entities involving the enforcement of immigration law or common or contract carriers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to State Affairs [HB3960 Detail]
Download: Texas-2023-HB3960-Introduced.html
| 88R13452 AMF-D | ||
| By: Frazier | H.B. No. 3960 | |
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| relating to contracts or agreements entered into by governmental | ||
| entities involving the enforcement of immigration law or common or | ||
| contract carriers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 752, Government Code, is amended by | ||
| adding Subchapter D to read as follows: | ||
| SUBCHAPTER D. AGREEMENTS WITH UNITED STATES IMMIGRATION AND | ||
| CUSTOMS ENFORCEMENT | ||
| Sec. 752.071. AGREEMENT ON ENFORCING FEDERAL IMMIGRATION | ||
| LAW. (a) A governmental entity that employs or appoints a peace | ||
| officer described by Article 2.12, Code of Criminal Procedure, may | ||
| request and, as offered, enter into a written agreement with the | ||
| United States Immigration and Customs Enforcement under Section | ||
| 287(g), Immigration and Nationality Act (8 U.S.C. Section 1357) to | ||
| authorize officers and employees of the governmental entity to | ||
| enforce federal immigration law. | ||
| (b) An agreement entered into under this section must | ||
| include the scope, duration, and limitations of the authority. | ||
| SECTION 2. Subtitle F, Title 10, Government Code, is | ||
| amended by adding Chapter 2278 to read as follows: | ||
| CHAPTER 2278. PROHIBITED CONTRACTS OR AGREEMENTS WITH COMMON OR | ||
| CONTRACT CARRIERS | ||
| Sec. 2278.001. DEFINITION. In this chapter, "governmental | ||
| entity" means a state agency or a political subdivision of this | ||
| state. | ||
| Sec. 2278.002. PROHIBITED CONTRACT OR AGREEMENT WITH | ||
| PERSONS PROVIDING TRANSPORTATION SERVICES TO UNLAWFULLY PRESENT | ||
| PERSONS. A governmental entity may not enter into a contract or | ||
| other agreement with a common carrier or contract carrier if the | ||
| carrier knowingly provides any service in furtherance of | ||
| transporting a person who is unlawfully present in the United | ||
| States, according to the terms of the federal Immigration and | ||
| Nationality Act (8 U.S.C. Section 1101 et seq.), into this state, | ||
| unless the carrier is transporting the person to facilitate the | ||
| detention or removal of the person from this state or the United | ||
| States. | ||
| Sec. 2278.003. REQUIRED PROVISIONS RELATED TO | ||
| TRANSPORTATION OF UNLAWFULLY PRESENT PERSONS. A contract or | ||
| agreement between a governmental entity and a common carrier or | ||
| contract carrier must contain: | ||
| (1) a written verification from the carrier that the | ||
| carrier does not knowingly provide and will not knowingly provide | ||
| during the term of the contract or agreement any service in | ||
| furtherance of transporting a person who is unlawfully present in | ||
| the United States, according to the terms of the federal | ||
| Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.), | ||
| into this state, except to facilitate the detention or removal of | ||
| the person from this state or the United States; and | ||
| (2) a provision allowing the governmental entity to | ||
| terminate the contract or agreement without penalty if the carrier | ||
| is found to be in violation of the written verification under | ||
| Subdivision (1). | ||
| SECTION 3. Chapter 2278, Government Code, as added by this | ||
| Act, applies only to a contract or agreement entered into on or | ||
| after the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
