Bill Text: TX HB177 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the enforcement by certain entities of state and federal immigration laws with respect to persons younger than 18 years of age.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-25 - Referred to State Affairs [HB177 Detail]
Download: Texas-2021-HB177-Introduced.html
| 87R1098 ADM-D | ||
| By: Bernal | H.B. No. 177 | |
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| relating to the enforcement by certain entities of state and | ||
| federal immigration laws with respect to persons younger than 18 | ||
| years of age. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 2.251, Code of Criminal Procedure, is | ||
| amended by adding Subsection (c) to read as follows: | ||
| (c) A law enforcement agency is not required to perform a | ||
| duty imposed by Subsection (a) with respect to a person who is | ||
| younger than 18 years of age. | ||
| SECTION 2. Section 752.053(b), Government Code, is amended | ||
| to read as follows: | ||
| (b) In compliance with Subsection (a), a local entity or | ||
| campus police department may not prohibit or materially limit 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 or | ||
| department from doing any of the following: | ||
| (1) inquiring into the immigration status of a person | ||
| who is 18 years of age or older and is under a lawful detention or | ||
| under arrest; | ||
| (2) with respect to information relating to the | ||
| immigration status, lawful or unlawful, of any person who is 18 | ||
| years of age or older and is under a lawful detention or under | ||
| arrest, including information regarding the person's place of | ||
| birth: | ||
| (A) sending the information to or requesting or | ||
| receiving the information from United States Citizenship and | ||
| Immigration Services, United States Immigration and Customs | ||
| Enforcement, or another relevant federal agency; | ||
| (B) maintaining the information; or | ||
| (C) exchanging the information with another | ||
| local entity or campus police department or a federal or state | ||
| governmental entity; | ||
| (3) assisting or cooperating with a federal | ||
| immigration officer as reasonable or necessary, including | ||
| providing enforcement assistance; or | ||
| (4) permitting a federal immigration officer to enter | ||
| and conduct enforcement activities at a jail to enforce federal | ||
| immigration laws. | ||
| SECTION 3. Section 39.07, Penal Code, is amended by adding | ||
| Subsection (d) to read as follows: | ||
| (d) It is an exception to the application of this section | ||
| that the person who was subject to an immigration detainer request | ||
| described by Subsection (a)(1) was, at the time the detainer | ||
| request was received, younger than 18 years of age. | ||
| SECTION 4. The change in law made by this Act in amending | ||
| Section 39.07, Penal Code, applies only to an offense committed on | ||
| or after the effective date of this Act. An offense committed | ||
| before the effective date of this Act is governed by the law in | ||
| effect on the date the offense was committed, and the former law is | ||
| continued in effect for that purpose. For purposes of this section, | ||
| an offense was committed before the effective date of this Act if | ||
| any element of the offense occurred before that date. | ||
| SECTION 5. This Act takes effect September 1, 2021. | ||
