Bill Text: TX SB109 | 2017 | 85th Legislature 1st Special Session | Introduced

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Bill Title: Relating to the repeal of certain provisions governing state and local enforcement of immigration laws and to certain other provisions related to immigration law.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2017-07-26 - Filed [SB109 Detail]

Download: Texas-2017-SB109-Introduced.html

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85S11195 JRR-D
By: Garcia, Rodríguez S.B. No. 109

A BILL TO BE ENTITLED
AN ACT
relating to the repeal of certain provisions governing state and
local enforcement of immigration laws and to certain other
provisions related to immigration law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The following provisions that are effective
September 1, 2017, are repealed:
(1) Articles 2.13(d) and (e), Code of Criminal
Procedure, as added by S.B. 4, Acts of the 85th Legislature,
Regular Session, 2017;
(2) Article 2.251, Code of Criminal Procedure;
(3) Article 17.16(a-1), Code of Criminal Procedure;
(4) Article 42.039, Code of Criminal Procedure;
(5) Section 402.0241, Government Code;
(6) Subchapter C, Chapter 752, Government Code;
(7) Section 772.0073, Government Code, as added by
S.B. 4, Acts of the 85th Legislature, Regular Session, 2017;
(8) Section 87.031(c), Local Government Code; and
(9) Section 39.07, Penal Code.
SECTION 2. Article 17.16(a), Code of Criminal Procedure, as
effective September 1, 2017, is amended to read as follows:
(a) A surety may before forfeiture relieve the surety of the
surety's undertaking by:
(1) surrendering the accused into the custody of the
sheriff of the county where the prosecution is pending; or
(2) delivering to the sheriff of the county in which
the prosecution is pending and to the office of the prosecuting
attorney an affidavit stating that the accused is incarcerated in[:
[(A)] federal custody, in [subject to Subsection
(a-1);
[(B)] the custody of any state,[;] or in
[(C)] any county of this state.
SECTION 3. Chapter 752, Government Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. IMMIGRATION DETAINER REQUESTS
Sec. 752.051. DEFINITIONS. In this subchapter:
(1) "Immigration detainer request" means a federal
government request to a local entity to maintain temporary custody
of an alien, including a United States Department of Homeland
Security Form I-247 document or a similar or successor form.
(2) "Local entity" means a municipality or county and
includes a law enforcement agency under the jurisdiction of the
municipality or county.
Sec. 752.052. PROHIBITION ON STATE GRANT FUNDS TO CERTAIN
LOCAL ENTITIES. (a) Subject to Subsection (b), a local entity,
including each entity under the jurisdiction of the local entity,
may not be awarded state grant funds if:
(1) the local entity detains a person pursuant to and
in furtherance of an immigration detainer request; and
(2) a final judicial determination is made that the
detainer request or the local entity's detention of the person in
accordance with the detainer request violated the Texas
Constitution or United States Constitution.
(b) The prohibition imposed by Subsection (a) applies only
to the state fiscal year immediately following the fiscal year in
which the final judicial determination described by Subsection
(a)(2) is made.
(c) The comptroller shall adopt rules to implement this
section uniformly among the state agencies from which state grant
funds are distributed to local entities.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, 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 December 1, 2017.
(b) Subchapter C, Chapter 752, Government Code, as added by
this Act, takes effect December 1, 2017.