Bill Text: TX HB4117 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the enforcement of state and federal laws governing immigration by certain governmental entities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to State Affairs [HB4117 Detail]
Download: Texas-2015-HB4117-Introduced.html
By: Fallon | H.B. No. 4117 |
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rela | ||
ting 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 the following entities: | ||
(1) the governing body of a municipality, county, or | ||
special district or authority; and | ||
(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) 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.). | ||
(c) 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 (b) except to the | ||
extent permitted by the United States Constitution or the Texas | ||
Constitution. | ||
(d) 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 | ||
described by Subsection (b) or, by consistent actions, prohibits | ||
the enforcement of those laws. 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 described by Subsection (b). | ||
(e) 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 | ||
described by Subsection (b) or that the entity, by consistent | ||
actions, prohibits the enforcement of those laws. The citizen must | ||
include with the complaint the evidence the citizen has that | ||
supports the complaint. | ||
(f) If the attorney general determines that a complaint | ||
filed under Subsection (e) 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 described by Subsection (b) or that, by consistent | ||
actions, prohibits the enforcement of those laws to comply with | ||
Subsection (b). 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. | ||
(g) An appeal of a suit brought under Subsection (f) 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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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, 2015. |