88(3) SB 81 - Introduced version - Bill Text
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A BILL TO BE ENTITLED
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AN ACT
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relating to certain laws that regulate aspects of illegal |
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immigration in this state, including laws pertaining to the DNA |
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records of certain persons subject to an immigration detainer |
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request, the recognition of certain out-of-state driver's |
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licenses, inviting certain federal agencies to participate on the |
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homeland security council, the reporting of certain uncompensated |
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hospital care costs, and certain requirements for participation in |
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the E-verify program; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. DNA RECORDS OF CERTAIN PERSONS SUBJECT TO IMMIGRATION |
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DETAINER REQUEST |
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SECTION 1.01. Article 2.251(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A law enforcement agency that has custody of a person |
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subject to an immigration detainer request issued by United States |
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Immigration and Customs Enforcement shall: |
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(1) comply with, honor, and fulfill any request made |
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in the detainer request provided by the federal government; [and] |
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(2) inform the person that the person is being held |
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pursuant to an immigration detainer request issued by United States |
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Immigration and Customs Enforcement; and |
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(3) require the person to provide one or more |
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specimens for the purpose of creating a DNA record. |
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SECTION 1.02. Section 411.142(g), Government Code, is |
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amended to read as follows: |
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(g) The DNA database may contain DNA records for the |
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following: |
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(1) an individual described by this subchapter, |
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including Section 411.1471, 411.148, or 411.154; |
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(2) a biological specimen that is legally obtained in |
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the investigation of a crime, regardless of origin; |
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(3) results of testing ordered by a court under this |
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subchapter, Article 64.03, Code of Criminal Procedure, or other law |
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permitting or requiring the creation of a DNA record; |
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(4) an unidentified missing person, or unidentified |
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skeletal remains or body parts; |
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(5) a close biological relative of a person who has |
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been reported missing to a law enforcement agency; |
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(6) a person at risk of becoming lost, such as a child |
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or a person declared by a court to be mentally incapacitated, if the |
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record is required by court order or a parent, conservator, or |
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guardian of the person consents to the record; [or] |
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(7) an unidentified person, if the record does not |
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contain personal identifying information; or |
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(8) a person who is: |
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(A) subject to an immigration detainer request |
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issued by United States Immigration and Customs Enforcement; and |
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(B) in the custody of a law enforcement agency in |
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accordance with Article 2.251, Code of Criminal Procedure. |
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ARTICLE 2. CERTAIN OUT-OF-STATE DRIVER'S LICENSES NOT RECOGNIZED |
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SECTION 2.01. Section 521.025, Transportation Code, is |
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amended by amending Subsection (c) and adding Subsection (c-1) to |
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read as follows: |
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(c) A person who violates this section commits an offense. |
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Subject to Subsection (c-1), an [An] offense under this subsection |
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is a misdemeanor punishable by a fine not to exceed $200, except |
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that: |
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(1) for a second conviction within one year after the |
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date of the first conviction, the offense is a misdemeanor |
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punishable by a fine of not less than $25 or more than $200; |
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(2) for a third or subsequent conviction within one |
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year after the date of the second conviction the offense is a |
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misdemeanor punishable by: |
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(A) a fine of not less than $25 or more than $500; |
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(B) confinement in the county jail for not less |
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than 72 hours or more thanStatutes affected:
Introduced: Government Code 411.142, Transportation Code 521.025, Transportation Code 521.029, Transportation Code 521.030 (Government Code 411, Transportation Code 521)
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