Bill Text: TX SB185 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the enforcement of state and federal laws governing immigration by certain governmental entities.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2015-05-24 - Not again placed on intent calendar [SB185 Detail]
Download: Texas-2015-SB185-Comm_Sub.html
By: Perry, Campbell, Hall | S.B. No. 185 | |
(In the Senate - Filed November 17, 2014; January 27, 2015, | ||
read first time and referred to Subcommittee on Border Security; | ||
April 6, 2015, reported adversely, with favorable Committee | ||
Substitute to Committee on Veteran Affairs and Military | ||
Installations; April 13, 2015, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 4, Nays 3; | ||
April 13, 2015, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 185 | By: Birdwell |
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relating 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, subject to Subsections (b) and (c); | ||
(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) This section does not apply to a school district or | ||
open-enrollment charter school. This section does not apply to the | ||
release of information contained in education records of an | ||
educational agency or institution, except in conformity with the | ||
Family Educational Rights and Privacy Act of 1974 (20 U.S.C. | ||
Section 1232g). | ||
(c) This section does not apply to a hospital or hospital | ||
district created under Subtitle C or D, Title 4, Health and Safety | ||
Code, or a hospital district created under a general or special law | ||
authorized by Article IX, Texas Constitution, to the extent that | ||
the hospital or hospital district is providing access to or | ||
delivering medical or health care services as required under the | ||
following applicable federal or state laws: | ||
(1) 42 U.S.C. Section 1395dd; | ||
(2) 42 U.S.C. Section 1396b(v); | ||
(3) Subchapter C, Chapter 61, Health and Safety Code; | ||
(4) Chapter 81, Health and Safety Code; and | ||
(5) Section 311.022, Health and Safety Code. | ||
(d) Subsection (c) does not exclude the application of this | ||
section to a commissioned peace officer employed by or commissioned | ||
by a hospital or hospital district subject to Subsection (c). | ||
(e) An entity described by Subsection (a) shall 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.). | ||
(f) In compliance with Subsection (e), an entity described | ||
by Subsection (a) shall not prohibit 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 from doing any of the following: | ||
(1) inquiring into the immigration status of a person | ||
lawfully detained for the investigation of a criminal offense or | ||
arrested; | ||
(2) with respect to information relating to the | ||
immigration status, lawful or unlawful, of any person lawfully | ||
detained for the investigation of a criminal offense or arrested: | ||
(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 a person's place of | ||
birth; | ||
(B) maintaining the information; or | ||
(C) exchanging the information with another | ||
federal, state, or local governmental entity; | ||
(3) assisting or cooperating with a federal | ||
immigration officer as reasonable and necessary, including | ||
providing enforcement assistance; or | ||
(4) permitting a federal immigration officer to enter | ||
and conduct enforcement activities at a municipal or county jail to | ||
enforce federal immigration laws. | ||
(f-1) For purposes of Subsection (f), a person is not | ||
considered lawfully detained if the sole reason for the detention | ||
is that the person is: | ||
(1) a victim of or witness to a criminal offense; or | ||
(2) reporting a criminal offense. | ||
(g) 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 (e) except to the | ||
extent permitted by the United States Constitution or the Texas | ||
Constitution. | ||
(h) 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 (e) 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. | ||
(i) If the attorney general determines that a complaint | ||
filed under Subsection (h) against an entity described by | ||
Subsection (a) is valid, the attorney general shall, not later than | ||
the 10th day after the date of the determination, provide written | ||
notification to the entity that: | ||
(1) the complaint has been filed; | ||
(2) the attorney general has determined that the | ||
complaint is valid; | ||
(3) the attorney general is authorized to file an | ||
action to enjoin the violation if the entity does not come into | ||
compliance with the requirements of this section on or before the | ||
90th day after the date the notification is provided; and | ||
(4) the entity will be denied state funds for the state | ||
fiscal year following the year in which a final judicial | ||
determination in an action brought under Subsection (j) is made. | ||
(j) If the attorney general determines that a complaint | ||
filed under Subsection (h) 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 (e) or that, by consistent | ||
actions, prohibits the enforcement of those laws to comply with | ||
Subsection (e). 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. | ||
(k) An appeal of a suit brought under Subsection (j) 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. | ||
(l) An entity described by Subsection (a) may not receive | ||
state funds if the entity adopts a rule, order, ordinance, or policy | ||
under which the entity prohibits the enforcement of the laws | ||
described by Subsection (e) or, by consistent actions, prohibits | ||
the enforcement of those laws. State funds for the entity shall be | ||
denied for the state fiscal year following the year in which a final | ||
judicial determination in an action brought under Subsection (j) is | ||
made that the entity has intentionally prohibited the enforcement | ||
of the laws described by Subsection (e). The comptroller shall | ||
adopt rules to implement this subsection uniformly among the state | ||
agencies from which state funds are distributed to a municipality | ||
or county. | ||
(m) An entity described by Subsection (a) that complies with | ||
this section may not be denied state funds, regardless of whether | ||
the entity is a part of another entity that is in violation of this | ||
section. | ||
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, 2015. | ||
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