Bill Text: TX HB18 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the enforcement by certain governmental entities of laws governing immigration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-02 - Left pending in committee [HB18 Detail]
Download: Texas-2011-HB18-Introduced.html
82R623 KLA-D | ||
By: Riddle | H.B. No. 18 |
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relating to the enforcement by certain governmental entities of | ||
laws governing immigration. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 370.003, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 370.003. LOCAL GOVERNMENT [ |
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REGARDING ENFORCEMENT OF STATE AND FEDERAL [ |
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section applies to: | ||
(1) the [ |
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(2) an officer, employee, or other body that is part of | ||
a municipality, county, or other political subdivision, including a | ||
sheriff, municipal police department, municipal attorney, or | ||
county attorney; or | ||
(3) a[ |
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attorney. | ||
(b) An entity described by Subsection (a) may not adopt a | ||
rule, order, ordinance, or policy under which the entity will not | ||
fully enforce laws relating to: | ||
(1) drugs, including Chapters 481 and 483, Health and | ||
Safety Code; and | ||
(2) immigrants or immigration, including the federal | ||
Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.)[ |
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(c) An entity described by Subsection (a) may not receive | ||
state money or retain unexpended state money if the entity adopts a | ||
rule, order, ordinance, or policy under which the entity will not | ||
fully enforce laws described by Subsection (b)(2) or, by consistent | ||
actions, fails to fully enforce those laws. | ||
(d) If the attorney general determines that an entity | ||
described by Subsection (a) is ineligible to retain state money as | ||
provided by Subsection (c), the attorney general shall notify the | ||
entity of that determination and the entity shall promptly forfeit | ||
and repay to the state all unexpended state money held by the | ||
entity. The attorney general shall stay the duty to repay pending | ||
the outcome of an appeal under Subsection (e). | ||
(e) Not later than the 21st day after the date of receiving | ||
notice of the determination, an entity may appeal a determination | ||
under Subsection (d) to a Travis County district court. | ||
(f) An entity described by Subsection (a) that is determined | ||
ineligible to retain state money as provided by Subsections (d) and | ||
(e) shall be denied state money for each fiscal year: | ||
(1) following the year in which the rule, order, | ||
ordinance, or policy is adopted or the determination is made that | ||
the entity has intentionally failed to fully enforce laws described | ||
by Subsection (b)(2); and | ||
(2) during which the rule, order, ordinance, or policy | ||
that resulted in the determination remains in effect or the failure | ||
to enforce that resulted in the determination continues. | ||
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 September 1, 2011. |