A BILL TO BE ENTITLED

AN ACT

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:

(1) the governing body of a municipality, county, or

special district or authority, subject to Subsection (b);

(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 or a junior college district, except

that this subsection does not exclude the application of this

section to a commissioned peace officer employed or commissioned by

a school district or open-enrollment charter school or a junior

college district.

(c) An entity described by Subsection (a) may 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.).

(d) In compliance with Subsection (c), an entity described

by Subsection (a) may not prohibit a person 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 an individual'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.

(e) An entity described by Subsection (a) may not receive

state grant funds if the entity adopts a rule, order, ordinance, or

policy under which the entity prohibits the enforcement of the laws

of this state or federal laws relating to Subsection (c) or, by

consistent actions, prohibits the enforcement of the laws of this

state or federal laws relating to Subsection (c). State grant funds

for the entity shall be denied for the fiscal year following the

year in which a final judicial determination in an action brought

under this section is made that the entity has intentionally

prohibited the enforcement of the laws of this state or federal laws

relating to Subsection (c).

(f) 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 of this

state or federal laws relating to Subsection (c) or that, by

consistent actions, prohibits the enforcement of the laws of this

state or federal laws relating to Subsection (c). The citizen must

include with the complaint the evidence the citizen has that

supports the complaint.

(g) If the attorney general determines that a complaint

filed under Subsection (f) 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 of this state or federal laws relating to Subsection (c) or

that, by consistent actions, prohibits the enforcement of the laws

of this state or federal laws relating to Subsection (c) to comply

with Subsection (c). 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.

(h) An appeal of a suit brought under Subsection (g) 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.

SECTION 2. The heading to Chapter 370, Local Government

Code, is amended to read as follows:

CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [ MUNICIPAL

AND COUNTY ] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE

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