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. |