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.
Sponsorship: Partisan Bill (Republican 5)
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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