TITLE: Relating to the enforcement by certain governmental entities of laws governing immigration.

SUMMARY: Relating to the enforcement by certain governmental entities of laws governing immigration.

FULL TEXT:
AN ACT 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 [MUNICIPAL OR COUNTY] POLICY REGARDING ENFORCEMENT OF STATE AND FEDERAL [DRUG] LAWS. (a) This section applies to: (1) the [The] governing body of a municipality, [the commissioners court of a] county, or other political subdivision; (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 [] district attorney [] or criminal district 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.) [ and federal law].(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 [MUNICIPAL AND COUNTY] HEALTH AND PUBLIC SAFETY APPLICABLE TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT SECTION 3. This Act takes effect September 1, 2011.