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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of state and federal laws governing |
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immigration by certain governmental entities; providing a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 370.003, Local Government Code, is |
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amended to read as follows: |
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Sec. 370.003. LOCAL GOVERNMENT [MUNICIPAL OR COUNTY] POLICY |
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REGARDING ENFORCEMENT OF STATE AND FEDERAL [DRUG] LAWS. (a) This |
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section applies to: |
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(1) the [The] governing body of a municipality, [the
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commissioners court of a] county, or special district or authority; |
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(2) an officer, employee, or other body that is part of |
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a municipality, county, or special district or authority, including |
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a sheriff, municipal police department, municipal attorney, or |
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county attorney; or |
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(3) a[,] district attorney[,] or criminal district |
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attorney. |
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(b) An entity described by Subsection (a) may not adopt a |
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policy under which the entity will not fully enforce the laws of |
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this state or federal law, including laws relating to: |
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(1) drugs, including Chapters 481 and 483, Health and |
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Safety Code; and |
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(2) immigrants or immigration, including the federal |
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Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.)[,
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and federal law]. |
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(c) In compliance with Subsection (b)(2), an entity |
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described by Subsection (a) may not prohibit or in any manner |
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restrict a person employed by or otherwise under the direction or |
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control of the entity from doing any of the following: |
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(1) with respect to information relating to the |
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immigration status, lawful or unlawful, of any individual: |
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(A) sending the information to or requesting or |
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receiving the information from United States Citizenship and |
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Immigration Services or United States Immigration and Customs |
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Enforcement, including information regarding an individual's place |
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of birth; |
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(B) maintaining the information; or |
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(C) exchanging the information with another |
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federal, state, or local governmental entity; |
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(2) assisting or cooperating with a federal |
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immigration officer as reasonable and necessary, including |
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providing enforcement assistance; or |
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(3) permitting a federal immigration officer to enter |
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and conduct enforcement activities at a municipal or county jail to |
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enforce federal immigration laws. |
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(d) An entity described by Subsection (a) may not receive |
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state grant funds if the entity adopts a rule, order, ordinance, or |
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policy under which the entity will not fully enforce the laws of |
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this state or federal laws relating to Subsection (b)(2) or, by |
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consistent actions, fails to fully enforce the laws of this state or |
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federal laws relating to Subsection (b)(2). State grant funds for |
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the entity shall be denied for the fiscal year following the year in |
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which the rule, order, ordinance, or policy is adopted or the |
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determination is made that the entity has intentionally failed to |
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fully enforce the laws of this state or federal laws relating to |
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Subsection (b)(2). The Governor's Office of Budget, Planning, and |
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Policy shall adopt rules to implement this subsection uniformly |
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among the state agencies from which state grant funds are |
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distributed to an entity. |
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(e) An entity described by Subsection (a) is liable to the |
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state for a civil penalty if the entity adopts a rule, order, |
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ordinance, or policy under which the entity will not fully enforce |
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the laws of this state or federal laws relating to Subsection (b)(2) |
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or, by consistent actions, fails to fully enforce the laws of this |
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state or federal laws relating to Subsection (b)(2). The amount of |
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a penalty imposed under this subsection is $10,000 for each day of |
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the violation. The attorney general may recover a penalty under |
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this subsection in a suit brought on behalf of the state. The |
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prevailing party in an action brought under this subsection may |
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recover court costs and reasonable attorney's fees. A penalty |
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collected under this subsection shall be paid to the comptroller |
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for deposit in the general revenue fund. |
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(f) Any citizen residing in the jurisdiction of an entity |
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described by Subsection (a) that allegedly adopts a rule, order, |
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ordinance, or policy under which the entity will not fully enforce |
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the laws of this state or federal laws relating to Subsection (b)(2) |
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or, by consistent actions, fails to fully enforce the laws of this |
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state or federal laws relating to Subsection (b)(2) may apply for |
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appropriate equitable relief in a district court of a county in |
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which the principal office of the entity is located to compel |
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compliance with Subsection (b)(2). |
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SECTION 2. The heading to Chapter 370, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL
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AND COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE |
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TYPE OF LOCAL GOVERNMENT |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |