Bill Text: TX HB3698 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the ineligibility of certain governmental entities that prohibit or discourage the enforcement of immigration laws to participate in and receive funds from the major events reimbursement program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-31 - Referred to State Affairs [HB3698 Detail]
Download: Texas-2017-HB3698-Introduced.html
| 85R10991 DMS-D | ||
| By: Isaac | H.B. No. 3698 | |
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| relating to the ineligibility of certain governmental entities that | ||
| prohibit or discourage the enforcement of immigration laws to | ||
| participate in and receive funds from the major events | ||
| reimbursement program. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle C, Title 11, Local Government Code, is | ||
| amended by adding Chapter 364 to read as follows: | ||
| CHAPTER 364. ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS | ||
| Sec. 364.001. DEFINITIONS. In this chapter: | ||
| (1) "Immigration detainer" means a United States | ||
| Department of Homeland Security Form I-247 or a similar or | ||
| successor form that requests a local entity to maintain temporary | ||
| custody of an alien for the federal government. | ||
| (2) "Immigration laws" means 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.). | ||
| (3) "Lawful detention" means the detention of an | ||
| individual by a local entity for the investigation of a criminal | ||
| offense. The term excludes a detention if the sole reason for the | ||
| detention is that the individual: | ||
| (A) is a victim of or witness to a criminal | ||
| offense; or | ||
| (B) is reporting a criminal offense. | ||
| (4) "Local entity" means the governing body of a | ||
| municipality or county. | ||
| (5) "Policy" includes a formal, written rule, order, | ||
| ordinance, or policy and an informal, unwritten policy. | ||
| Sec. 364.002. LOCAL GOVERNMENT POLICY REGARDING | ||
| IMMIGRATION ENFORCEMENT. (a) A local entity shall not adopt, | ||
| enforce, or endorse a policy under which the entity prohibits or | ||
| discourages the enforcement of immigration laws. | ||
| (b) In compliance with Subsection (a), a local entity shall | ||
| not prohibit or discourage a person who is a commissioned peace | ||
| officer described by Article 2.12, Code of Criminal Procedure, a | ||
| corrections officer, a booking clerk, a magistrate, or a district | ||
| attorney, criminal district attorney, or other prosecuting | ||
| attorney and who is 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 | ||
| under a lawful detention or under arrest; | ||
| (2) with respect to information relating to the | ||
| immigration status, lawful or unlawful, of any person under a | ||
| lawful detention or under arrest: | ||
| (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 a person's place of | ||
| birth; | ||
| (B) maintaining the information; or | ||
| (C) exchanging the information with another | ||
| local entity or a federal or state governmental entity; | ||
| (3) assisting or cooperating with a federal | ||
| immigration officer as reasonable or 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. | ||
| Sec. 364.003. DISCRIMINATION PROHIBITED. A local entity 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 immigration laws except to the extent | ||
| permitted by the United States Constitution or Texas Constitution. | ||
| Sec. 364.004. COMPLAINT; EQUITABLE RELIEF. (a) Any | ||
| person, including the federal government, may file a complaint with | ||
| the attorney general if the person offers evidence to support an | ||
| allegation that a local entity has adopted, enforced, or endorsed a | ||
| policy under which the entity prohibits or discourages the | ||
| enforcement of immigration laws or that the entity, by consistent | ||
| actions, prohibits or discourages the enforcement of those laws. | ||
| The person must include with the complaint the evidence the person | ||
| has that supports the complaint. | ||
| (b) A local entity for which the attorney general has | ||
| received a complaint under Subsection (a) shall comply with a | ||
| document request, including a request for supporting documents, | ||
| from the attorney general related to the complaint. | ||
| (c) If the attorney general determines that a complaint | ||
| filed under Subsection (a) against a local entity is valid, the | ||
| attorney general shall, not later than the 10th day after the date | ||
| of the determination, provide written notification to the entity: | ||
| (1) that the complaint has been filed; | ||
| (2) that the attorney general has determined that the | ||
| complaint is valid; | ||
| (3) that the attorney general is authorized to file an | ||
| action to enjoin the violation if the entity does not come into | ||
| compliance with the requirements of Section 364.002 on or before | ||
| the 90th day after the date the notification is provided; and | ||
| (4) if the local entity is the governing body of, or an | ||
| officer or employee of a municipality or county that the | ||
| municipality or county, as applicable, in which the local entity | ||
| governs or operates, or over which the local entity has | ||
| jurisdiction, will be ineligible from participation as an endorsing | ||
| municipality or endorsing county or from receipt of disbursements | ||
| from a fund described by Section 364.005(a) for a period of five | ||
| years beginning on the date a final judicial determination in an | ||
| action brought under Subsection (e) is made. | ||
| (d) Not later than the 30th day after the date a local entity | ||
| receives written notification under Subsection (c), the local | ||
| entity shall provide the attorney general with a copy of: | ||
| (1) the entity's written policies related to | ||
| immigration enforcement actions; | ||
| (2) each immigration detainer received by the entity | ||
| from the United States Department of Homeland Security; and | ||
| (3) each response sent by the entity for a detainer | ||
| described by Subdivision (2). | ||
| (e) If the attorney general determines that a complaint | ||
| filed under Subsection (a) against a local entity 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 the | ||
| entity is located to compel the entity that adopts, enforces, or | ||
| endorses a policy under which the local entity prohibits or | ||
| discourages the enforcement of immigration laws or that, by | ||
| consistent actions, prohibits or discourages the enforcement of | ||
| those laws to comply with Section 364.002. 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. | ||
| (f) An appeal of a suit brought under Subsection (e) 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. | ||
| Sec. 364.005. PARTICIPATION IN OR DISBURSEMENTS FROM MAJOR | ||
| EVENTS REIMBURSEMENT PROGRAM PROHIBITED. (a) A municipality or | ||
| county may not participate as an endorsing municipality or | ||
| endorsing county under, and is ineligible for receipt of a | ||
| disbursement from a fund established under, Section 5A, Chapter | ||
| 1507 (S.B. 456), Acts of the 76th Legislature, Regular Session, | ||
| 1999 (Article 5190.14, Vernon's Texas Civil Statutes), if a final | ||
| judicial determination in the action is made that a local entity | ||
| governing or operating in, or with jurisdiction over, the | ||
| municipality or county, as applicable, has intentionally | ||
| prohibited or discouraged the enforcement of immigration laws or, | ||
| by consistent actions, prohibits or discourages the enforcement of | ||
| immigration laws. | ||
| (b) A municipality's or county's ineligibility from | ||
| participation as an endorsing municipality or endorsing county or | ||
| receipt of disbursements under Subsection (a) expires on the fifth | ||
| anniversary of the date the final judicial determination in the | ||
| action brought under Section 364.004 is made. | ||
| SECTION 2. Section 364.005, Local Government Code, as added | ||
| by this Act, applies only to a request to the Texas Economic | ||
| Development and Tourism Office submitted by an endorsing | ||
| municipality or endorsing county for receipt of a disbursement from | ||
| a fund established under Section 5A, Chapter 1507 (S.B. 456), Acts | ||
| of the 76th Legislature, Regular Session, 1999 (Article 5190.14, | ||
| Vernon's Texas Civil Statutes), on or after the effective date of | ||
| this Act. A request submitted by an endorsing municipality or | ||
| endorsing county before the effective date of this Act is governed | ||
| by the law in effect on the date the request is submitted, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
