88(3) HB 138 - Introduced version - Bill Text

	88S30283 SCP-F
	By:  Slawson	H.B.  No.  138

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Statutes affected:
Introduced: ()

	A BILL TO BE ENTITLED
	AN ACT
	relating to the enforcement within this state of certain federal
	laws regarding immigration.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Title 7, Government Code, is amended by adding
	Chapter 795 to read as follows:
	CHAPTER 795. ENFORCEMENT OF CERTAIN FEDERAL LAWS RELATED TO
	IMMIGRATION
	Sec.  795.001.    DEFINITION. In this chapter, "state money"
	means money the legislature appropriates or money a state agency
	controls or directs.
	Sec.  795.002.    PROHIBITED ENFORCEMENT OF CERTAIN FEDERAL
	LAWS. Notwithstanding any other law, a state agency, a political
	subdivision, or a law enforcement officer or other person employed
	by a state agency or political subdivision may not enforce,
	contract to enforce, or provide assistance to a federal agency or
	official with respect to enforcing a federal statute, order, rule,
	or regulation that:
	(1)    requires an individual who has illegally crossed
	the Texas-Mexico border to remain in this state until the
	individual receives a final determination on:
	(A)    the individual's application for asylum or
	refugee status; or
	(B)    any other immigration screening process by
	the federal government; and
	(2)    imposes a prohibition, restriction, or other
	regulation that does not exist under this state's laws.
	Sec.  795.003.    COMPLAINT AND ATTORNEY GENERAL ACTION. (a)
	An individual residing in the jurisdiction of a political
	subdivision may file a complaint with the attorney general if the
	individual offers evidence to support an allegation that the
	political subdivision:
	(1)    entered into a contract or adopted a rule, order,
	ordinance, or policy under which the political subdivision enforces
	or assists with the enforcement of a federal statute, order, rule,
	or regulation described by Section 795.002; or
	(2)    by consistent actions, enforces or assists with
	the enforcement of a federal statute, order, rule, or regulation
	described by Section 795.002.
	(b)    A complaint filed under Subsection (a) must include
	evidence supporting the complaint.
	(c)    If the attorney general determines that a complaint
	filed under Subsection (a) against a political subdivision 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 political subdivision is located to compel
	the political subdivision to comply with Section 795.002. 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.
	Sec.  795.004.    INELIGIBILITY FOR STATE MONEY; NOTICE OF
	COURT DETERMINATION; COMPTROLLER ACTION. (a) If a court renders a
	final determination in an action brought under Section 795.003(c)
	and finds that a political subdivision violated Section 795.002,
	the political subdivision is ineligible to receive state money,
	including money from the general revenue fund or a grant program a
	state agency or other state entity administers, during the state
	fiscal year beginning immediately after the date the determination
	is made.
	(b)    The attorney general shall immediately notify the
	comptroller of any final judicial determination described by
	Subsection (a).
	(c)    If the comptroller receives notice under Subsection
	(b), the comptroller shall withhold any state money from the
	political subdivision during the state fiscal year beginning
	immediately after the date the judicial determination is made.