Bill Text: TX HB12 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the enforcement of state and federal laws governing immigration by certain governmental entities.
Sponsorship: Partisan Bill (Republican 43)
Status: (Engrossed - Dead) 2011-05-24 - Record vote [HB12 Detail]
Download: Texas-2011-HB12-Engrossed.html
| By: Solomons, Bohac, Harless, et al. | H.B. No. 12 | |
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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, subject to Subsections (b) and | ||
| (b-1); | ||
| (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; and | ||
| (3) a district attorney or criminal district attorney. | ||
| (b) This section does not apply to a school district or | ||
| open-enrollment charter school or a junior college district, except | ||
| that this subsection does not exclude the application of this | ||
| section to a commissioned peace officer employed or commissioned by | ||
| a school district or open-enrollment charter school or a junior | ||
| college district. This section 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, Section 513, Pub. L. No. 93-380 (20 | ||
| U.S.C. Section 1232g). | ||
| (b-1) This section 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. | ||
| (b-2) Subsection (b-1) does not exclude the application of | ||
| this section to a commissioned peace officer employed by or | ||
| commissioned by a hospital or hospital district subject to | ||
| Subsection (b-1). | ||
| (c) 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.). | ||
| (d) In compliance with Subsection (c), 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 for the investigation of a criminal offense or | ||
| arrested; | ||
| (2) with respect to information relating to the | ||
| immigration status, lawful or unlawful, of any person lawfully | ||
| detained for the investigation of a criminal offense 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-1) An entity described by Subsection (a) or a person | ||
| employed by or otherwise under the direction or control of the | ||
| entity may not consider race, color, language, or national origin | ||
| while enforcing the laws described by Subsection (c) except to the | ||
| extent permitted by the United States Constitution or the Texas | ||
| Constitution. | ||
| (e) 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 (c) or, by | ||
| consistent actions, prohibits the enforcement of the laws of this | ||
| state or federal laws relating to Subsection (c). State grant funds | ||
| for the entity shall be denied for the fiscal year following the | ||
| year in which a final judicial determination in an action brought | ||
| under this section is made that the entity has intentionally | ||
| prohibited the enforcement of the laws of this state or federal laws | ||
| relating to Subsection (c). | ||
| (f) Any citizen residing in the jurisdiction of an entity | ||
| described by Subsection (a) may file a complaint with the attorney | ||
| general if the citizen offers evidence to support an allegation | ||
| that the entity has adopted 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 (c) or that, by | ||
| consistent actions, prohibits the enforcement of the laws of this | ||
| state or federal laws relating to Subsection (c). The citizen must | ||
| include with the complaint the evidence the citizen has that | ||
| supports the complaint. | ||
| (g) If the attorney general determines that a complaint | ||
| filed under Subsection (f) against an entity described by | ||
| Subsection (a) 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 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 (c) or | ||
| that, by consistent actions, prohibits the enforcement of the laws | ||
| of this state or federal laws relating to Subsection (c) to comply | ||
| with Subsection (c). 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. | ||
| (h) An appeal of a suit brought under Subsection (g) 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. | ||
| 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. | ||
