Bill Text: TX SB619 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to county and municipal cooperation with state and federal immigration law enforcement and efforts to enhance international border security.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-02-13 - Referred to State Affairs [SB619 Detail]
Download: Texas-2017-SB619-Introduced.html
85R4759 SCL/TJB-D | ||
By: Estes | S.B. No. 619 |
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relating to county and municipal cooperation with state and federal | ||
immigration law enforcement and efforts to enhance international | ||
border security. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 11, Local Government Code, is | ||
amended by adding Chapter 364 to read as follows: | ||
CHAPTER 364. STATE AND FEDERAL IMMIGRATION LAW ENFORCEMENT AND | ||
ENHANCEMENT OF INTERNATIONAL BORDER SECURITY | ||
Sec. 364.001. DEFINITIONS. In this chapter: | ||
(1) "Immigration detainer request" means a United | ||
States Department of Homeland Security Form I-247 or a similar or | ||
successor form that requests a local entity to maintain temporary | ||
custody of an alien for the federal government. | ||
(2) "Immigration laws" means 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.). | ||
Sec. 364.002. IMMIGRATION AND BORDER SECURITY ORDER OR | ||
ORDINANCE REQUIRED; COMPTROLLER DATABASE. (a) The commissioners | ||
court of each county and the governing body of each municipality in | ||
this state shall: | ||
(1) adopt and enforce an order or ordinance, as | ||
appropriate, that requires the county or municipality to cooperate | ||
with: | ||
(A) state and federal law enforcement in | ||
enforcing immigration laws; and | ||
(B) for counties containing an international | ||
border and municipalities located wholly or partly in those | ||
counties, state and federal efforts to enhance international border | ||
security; and | ||
(2) submit a written copy of the order or ordinance to | ||
the comptroller. | ||
(b) The comptroller shall establish and maintain a database | ||
of counties and municipalities that comply with this section. | ||
Sec. 364.003. COMPLAINT; EQUITABLE RELIEF. (a) Any | ||
person, including the federal government, may file a complaint with | ||
the attorney general if the person offers evidence to support an | ||
allegation that a county or municipality has failed to comply with | ||
Section 364.002. The person must include with the complaint the | ||
evidence the person has that supports the complaint. | ||
(b) A county or municipality for which the attorney general | ||
has received a complaint under Subsection (a) shall comply with a | ||
document request, including a request for supporting documents, | ||
from the attorney general related to the complaint. | ||
(c) If the attorney general determines that a complaint | ||
filed under Subsection (a) against a county or municipality is | ||
valid, the attorney general shall, not later than the 10th day after | ||
the date of the determination, provide written notification to the | ||
county or municipality 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 county or municipality does | ||
not come into compliance with the requirements of Section 364.002 | ||
on or before the 90th day after the date the notification is | ||
provided; and | ||
(4) the authority of the county or municipality to | ||
impose a sales or use tax will be suspended as provided by Section | ||
364.004 if the county or municipality is finally determined under | ||
Subsection (e) to have failed to adopt, submit to the comptroller, | ||
or enforce an order or ordinance required by Section 364.002. | ||
(d) Not later than the 30th day after the day a county or | ||
municipality receives written notification under Subsection (c), | ||
the county or municipality shall provide the attorney general with | ||
a copy of: | ||
(1) the county's or municipality's written policies | ||
related to immigration enforcement actions and international | ||
border security efforts, if applicable; | ||
(2) each immigration detainer request received by the | ||
county or municipality from the United States Department of | ||
Homeland Security; and | ||
(3) each response sent by the county or municipality | ||
for a detainer request described by Subdivision (2). | ||
(e) If the attorney general determines that a complaint | ||
filed under Subsection (a) against a county or municipality 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 the county or municipality is located to compel | ||
the county or municipality that fails to comply with Section | ||
364.002 to comply with that section. 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. | ||
(f) An appeal of a suit brought under Subsection (e) 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. | ||
Sec. 364.004. SUSPENSION OF AUTHORITY TO IMPOSE SALES AND | ||
USE TAXES. (a) This section applies only to a county or | ||
municipality that is finally determined in an action filed under | ||
Section 364.003(e) to have failed to adopt, submit to the | ||
comptroller, or enforce an order or ordinance required by Section | ||
364.002. | ||
(b) Notwithstanding any other provision of law, the | ||
authority of a county or municipality to which this section applies | ||
to impose a sales or use tax under Chapter 321 or 323, Tax Code, as | ||
applicable, and any other sales or use tax the county or | ||
municipality is otherwise authorized to impose is suspended, and | ||
the tax may not be collected during the period prescribed by | ||
Subsection (c). | ||
(c) A suspension under Subsection (b) of the authority to | ||
impose a sales or use tax is for a period of one year beginning on | ||
the first day of the first calendar quarter that begins after the | ||
30th day after the date a court issues the order or judgment making | ||
the final determination described by Subsection (a). | ||
(d) Notwithstanding a suspension of the authority of a | ||
county or municipality to impose a sales or use tax under this | ||
section, the tax continues during the suspension period to be | ||
considered as being imposed for purposes of determining the | ||
combined rate of all sales and use taxes imposed by all political | ||
subdivisions having territory in the county or municipality. | ||
(e) The comptroller may adopt rules necessary to implement | ||
this section, including rules for providing notice of a suspension | ||
of taxing authority under this section to retailers engaged in | ||
business in the affected county or municipality. | ||
SECTION 2. (a) Not later than October 1, 2017, the | ||
commissioners court of each county in this state and the governing | ||
body of each municipality in this state shall adopt an order or | ||
ordinance described by Section 364.002, Local Government Code, as | ||
added by this Act. | ||
(b) Not later than January 1, 2018, the commissioners court | ||
of each county in this state and the governing body of each | ||
municipality in this state shall submit to the comptroller of | ||
public accounts a copy of the order or ordinance adopted under | ||
Section 364.002, Local Government Code, as added by this Act. | ||
(c) Not later than December 1, 2018, the comptroller of | ||
public accounts shall submit a written report to the legislature on | ||
the counties and municipalities that have failed to adopt an order | ||
or ordinance under Section 364.002, Local Government Code, as added | ||
by this Act. | ||
SECTION 3. (a) Except as provided by Subsection (b), this | ||
Act takes effect September 1, 2017. | ||
(b) Section 364.003, Local Government Code, as added by this | ||
Act, takes effect November 1, 2017. |