Bill Text: TX SB124 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the enforcement of state and federal laws governing immigration by certain governmental entities; providing a civil penalty.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2011-01-31 - Referred to Transportation & Homeland Sec. [SB124 Detail]
Download: Texas-2011-SB124-Introduced.html
82R2094 PAM-D | ||
By: Patrick | S.B. No. 124 |
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relating to the enforcement of state and federal laws governing | ||
immigration by certain governmental entities; providing a civil | ||
penalty. | ||
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 [ |
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REGARDING ENFORCEMENT OF STATE AND FEDERAL [ |
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section applies to: | ||
(1) the [ |
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(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; or | ||
(3) a[ |
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attorney. | ||
(b) An entity described by Subsection (a) may not adopt a | ||
policy under which the entity will not fully enforce the laws of | ||
this state or federal law, including 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.)[ |
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(c) In compliance with Subsection (b)(2), an entity | ||
described by Subsection (a) may not prohibit or in any manner | ||
restrict a person employed by or otherwise under the direction or | ||
control of the entity from doing any of the following: | ||
(1) with respect to information relating to the | ||
immigration status, lawful or unlawful, of any individual: | ||
(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 an individual's place | ||
of birth; | ||
(B) maintaining the information; or | ||
(C) exchanging the information with another | ||
federal, state, or local governmental entity; | ||
(2) assisting or cooperating with a federal | ||
immigration officer as reasonable and necessary, including | ||
providing enforcement assistance; or | ||
(3) permitting a federal immigration officer to enter | ||
and conduct enforcement activities at a municipal or county jail to | ||
enforce federal immigration laws. | ||
(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 will not fully enforce the laws of | ||
this state or federal laws relating to Subsection (b)(2) or, by | ||
consistent actions, fails to fully enforce the laws of this state or | ||
federal laws relating to Subsection (b)(2). State grant funds for | ||
the entity shall be denied for the fiscal year 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 the laws of this state or federal laws relating to | ||
Subsection (b)(2). The Governor's Office of Budget, Planning, and | ||
Policy shall adopt rules to implement this subsection uniformly | ||
among the state agencies from which state grant funds are | ||
distributed to an entity. | ||
(e) An entity described by Subsection (a) is liable to the | ||
state for a civil penalty if the entity adopts a rule, order, | ||
ordinance, or policy under which the entity will not fully enforce | ||
the laws of this state or federal laws relating to Subsection (b)(2) | ||
or, by consistent actions, fails to fully enforce the laws of this | ||
state or federal laws relating to Subsection (b)(2). The amount of | ||
a penalty imposed under this subsection is $10,000 for each day of | ||
the violation. The attorney general may recover a penalty under | ||
this subsection in a suit brought on behalf of the state. The | ||
prevailing party in an action brought under this subsection may | ||
recover court costs and reasonable attorney's fees. A penalty | ||
collected under this subsection shall be paid to the comptroller | ||
for deposit in the general revenue fund. | ||
(f) Any citizen residing in the jurisdiction of an entity | ||
described by Subsection (a) that allegedly adopts a rule, order, | ||
ordinance, or policy under which the entity will not fully enforce | ||
the laws of this state or federal laws relating to Subsection (b)(2) | ||
or, by consistent actions, fails to fully enforce the laws of this | ||
state or federal laws relating to Subsection (b)(2) may apply for | ||
appropriate equitable relief in a district court of a county in | ||
which the principal office of the entity is located to compel | ||
compliance with Subsection (b)(2). | ||
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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TYPE OF 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, 2011. |