Bill Text: TX SB166 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the inquiry of immigration status of a person under a lawful detention by certain persons under the direction or control of a local governmental entity or campus police department.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-11-12 - Filed [SB166 Detail]

Download: Texas-2019-SB166-Introduced.html
  86R938 ADM-D
 
  By: Rodríguez S.B. No. 166
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the inquiry of immigration status of a person under a
  lawful detention by certain persons under the direction or control
  of a local governmental entity or campus police department.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 752.053(b), Government Code, is amended
  to read as follows:
         (b)  In compliance with Subsection (a), a local entity or
  campus police department may not prohibit or materially limit 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 or
  department 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, including information regarding
  the person's place of birth:
                     (A)  sending the information to or requesting or
  receiving the information from United States Citizenship and
  Immigration Services, United States Immigration and Customs
  Enforcement, or another relevant federal agency;
                     (B)  maintaining the information; or
                     (C)  exchanging the information with another
  local entity or campus police department 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 jail to enforce federal
  immigration laws.
         SECTION 2.  Section 752.051(4), Government Code, is
  repealed.
         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, 2019.
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