Bill Text: TX HB18 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the enforcement by certain governmental entities of laws governing immigration.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-03-02 - Left pending in committee [HB18 Detail]

Download: Texas-2011-HB18-Introduced.html

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82R623 KLA-D
By: Riddle H.B. No. 18

A BILL TO BE ENTITLED
AN ACT
relating to the enforcement by certain governmental entities of
laws governing immigration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 370.003, Local Government Code, is
amended to read as follows:
Sec. 370.003. LOCAL GOVERNMENT [MUNICIPAL OR COUNTY] POLICY
REGARDING ENFORCEMENT OF STATE AND FEDERAL [DRUG] LAWS. (a) This
section applies to:
(1) the [The] governing body of a municipality, [the
commissioners court of a] county, or other political subdivision;
(2) an officer, employee, or other body that is part of
a municipality, county, or other political subdivision, 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 will not
fully enforce laws relating to:
(1) drugs, including Chapters 481 and 483, Health and
Safety Code; and
(2) immigrants or immigration, including the federal
Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.)[,
and federal law].
(c) An entity described by Subsection (a) may not receive
state money or retain unexpended state money if the entity adopts a
rule, order, ordinance, or policy under which the entity will not
fully enforce laws described by Subsection (b)(2) or, by consistent
actions, fails to fully enforce those laws.
(d) If the attorney general determines that an entity
described by Subsection (a) is ineligible to retain state money as
provided by Subsection (c), the attorney general shall notify the
entity of that determination and the entity shall promptly forfeit
and repay to the state all unexpended state money held by the
entity. The attorney general shall stay the duty to repay pending
the outcome of an appeal under Subsection (e).
(e) Not later than the 21st day after the date of receiving
notice of the determination, an entity may appeal a determination
under Subsection (d) to a Travis County district court.
(f) An entity described by Subsection (a) that is determined
ineligible to retain state money as provided by Subsections (d) and
(e) shall be denied state money for each fiscal year:
(1) following the year in which the rule, order,
ordinance, or policy is adopted or the determination is made that
the entity has intentionally failed to fully enforce laws described
by Subsection (b)(2); and
(2) during which the rule, order, ordinance, or policy
that resulted in the determination remains in effect or the failure
to enforce that resulted in the determination continues.
SECTION 2. The heading to Chapter 370, Local Government
Code, is amended to read as follows:
CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL
AND COUNTY] HEALTH AND PUBLIC SAFETY APPLICABLE TO MORE THAN ONE
TYPE OF LOCAL GOVERNMENT
SECTION 3. This Act takes effect September 1, 2011.