Bill Text: TX HB1297 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the enforcement of certain laws governing immigration and to certain requirements concerning illegal criminal aliens in the custody of the Texas Department of Criminal Justice.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-01 - Referred to State Affairs [HB1297 Detail]
Download: Texas-2011-HB1297-Introduced.html
82R1487 MAW-D | ||
By: Paxton | H.B. No. 1297 |
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relating to the enforcement of certain laws governing immigration | ||
and to certain requirements concerning illegal criminal aliens in | ||
the custody of the Texas Department of Criminal Justice. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.139 to read as follows: | ||
Art. 2.139. CERTAIN POLICIES PROHIBITED. A state | ||
governmental entity or a political subdivision of the state may not | ||
adopt a rule, policy, or ordinance, or follow or establish a | ||
commonly accepted practice, that requires a peace officer to | ||
violate a state or federal criminal law. | ||
SECTION 2. Article 102.056, Code of Criminal Procedure, is | ||
amended by adding Subsection (f) to read as follows: | ||
(f) A local unit of government or a combination of local | ||
units of government may request funds from the criminal justice | ||
division of the governor's office, and the division may award the | ||
requested funds, for expenditures incurred by the local unit or | ||
units under Section 370.005, Local Government Code. | ||
SECTION 3. Chapter 493, Government Code, is amended by | ||
adding Section 493.0149 to read as follows: | ||
Sec. 493.0149. REPORT CONCERNING ILLEGAL CRIMINAL ALIENS. | ||
(a) In this section, "illegal criminal alien" has the meaning | ||
assigned by Section 493.015. | ||
(b) Not later than January 1 of each year, the department | ||
shall make available to the public on the department's Internet | ||
website a report concerning illegal criminal aliens who were in the | ||
custody of the department during the state fiscal year that ended on | ||
August 31 of the calendar year immediately preceding the calendar | ||
year in which the report is made available. | ||
(c) The report must include: | ||
(1) the total number of illegal criminal aliens who | ||
were in the custody of the department during the applicable state | ||
fiscal year; | ||
(2) the total number of illegal criminal aliens | ||
transferred from the custody of the department to the custody of | ||
United States Immigration and Customs Enforcement during the | ||
applicable state fiscal year; and | ||
(3) information regarding the cost incurred by the | ||
department to imprison illegal criminal aliens during the | ||
applicable state fiscal year, including whether the department or | ||
the state received any federal funds to reimburse the department or | ||
the state for that cost and the amount of any federal funds | ||
received. | ||
SECTION 4. Subchapter F, Chapter 508, Government Code, is | ||
amended by adding Section 508.192 to read as follows: | ||
Sec. 508.192. REENTRY INTO THE UNITED STATES PROHIBITED. | ||
(a) In this section, "illegal criminal alien" has the meaning | ||
assigned by Section 493.015. | ||
(b) A parole panel shall require as a condition of parole or | ||
mandatory supervision that an illegal criminal alien released to | ||
the custody of United States Immigration and Customs Enforcement | ||
not unlawfully return to or unlawfully reenter the United States in | ||
violation of the Immigration Reform and Control Act of 1986 (8 | ||
U.S.C. Section 1101 et seq.). | ||
SECTION 5. 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 6. Section 370.003, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 370.003. MUNICIPAL OR COUNTY POLICY REGARDING | ||
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The governing body of a municipality, the commissioners court of a | ||
county, or a sheriff, municipal police department, municipal | ||
attorney, county attorney, district attorney, or criminal district | ||
attorney may not adopt a rule, policy, or ordinance under which the | ||
entity will: | ||
(1) not [ |
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drugs, including Chapters 481 and 483, Health and Safety Code, and | ||
federal law; | ||
(2) refuse to take an action that is authorized under 8 | ||
U.S.C. Section 1252c and permitted under state law; or | ||
(3) violate 8 U.S.C. Section 1324. | ||
SECTION 7. Chapter 370, Local Government Code, is amended | ||
by adding Section 370.005 to read as follows: | ||
Sec. 370.005. PERFORMANCE OF IMMIGRATION OFFICER | ||
FUNCTIONS. (a) Notwithstanding any other law, a political | ||
subdivision of this state may enter into a written agreement with | ||
the United States attorney general and United States Immigration | ||
and Customs Enforcement under Section 287(g), Immigration and | ||
Nationality Act (8 U.S.C. Section 1357), to: | ||
(1) provide employees of the political subdivision | ||
with immigration law training under the supervision of United | ||
States Immigration and Customs Enforcement officers; and | ||
(2) authorize employees of the subdivision to perform | ||
a function of an immigration officer. | ||
(b) If a political subdivision enters into an agreement | ||
described by Subsection (a): | ||
(1) neither the agreement nor the political | ||
subdivision may require a peace officer employed, appointed, or | ||
commissioned by the political subdivision to violate Article 2.131, | ||
Code of Criminal Procedure; and | ||
(2) the agreement and the political subdivision must | ||
require a peace officer employed, appointed, or commissioned by the | ||
political subdivision to comply with the reporting requirements | ||
described by Article 2.133, Code of Criminal Procedure, when the | ||
peace officer is performing a function of an immigration officer. | ||
SECTION 8. The Texas Department of Criminal Justice shall | ||
make available to the public the first report required under | ||
Section 493.0149, Government Code, as added by this Act, not later | ||
than January 1, 2013. | ||
SECTION 9. The change in law made by Section 508.192, | ||
Government Code, as added by this Act, applies only to a person who | ||
is released on parole or to mandatory supervision on or after the | ||
effective date of this Act. | ||
SECTION 10. This Act takes effect September 1, 2011. |