1-1 By:AAPerry, et al. S.B.ANo.

A4
1-2 (In the SenateA-AFiled NovemberA15,A2016; JanuaryA24,A2017,
1-3 read first time and referred to Committee on State Affairs;
1-4 FebruaryA3,A2017, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 2; February 3, 2017,
1-6 sent to printer.)

1-7 COMMITTEE VOTE

1-8 AAAAAAAAAAAAAA Yea Nay AbsentA PNV

1-9 HuffmanAAAAAAA AXA AAA AAAAAAA AAA
1-10 HughesAAAAAAAA AXA AAA AAAAAAA AAA
1-11 BirdwellAAAAAA AXA AAA AAAAAAA AAA
1-12 CreightonAAAAA AXA AAA AAAAAAA AAA
1-13 EstesAAAAAAAAA AXA AAA AAAAAAA AAA
1-14 LucioAAAAAAAAA AAA AXA AAAAAAA AAA
1-15 NelsonAAAAAAAA AXA AAA AAAAAAA AAA
1-16 SchwertnerAAAA AXA AAA AAAAAAA AAA
1-17 ZaffiriniAAAAA AAA AXA AAAAAAA AAA

1-18 COMMITTEE SUBSTITUTE FOR S.B.ANo.A4 By:AAHughes

1-19 A BILL TO BE ENTITLED

1-20 AN ACT

1-21 relating to the enforcement by certain local governmental entities

1-22 and campus police departments of state and federal laws governing
1-23 immigration and to related duties of certain law enforcement and
1-24 judicial entities in the criminal justice system.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTIONA1.AASubchapter B, Chapter 101, Civil Practice and
1-27 Remedies Code, is amended by adding Section 101.0216 to read as
1-28 follows:
1-29 Sec.A101.0216.AALIABILITY OF COUNTY OR MUNICIPALITY FOR
1-30 FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST. (a)AAA county
1-31 or municipality that releases from custody a person who is the
1-32 subject of an immigration detainer request issued by United States
1-33 Immigration and Customs Enforcement is liable for damages resulting
1-34 from a felony committed by the person in this state within 10 years
1-35 following the person s release if:
1-36 (1)AAthe county or municipality:
1-37 (A)AAdid not detain the person as requested; and
1-38 (B)AAhad probable cause to believe that the person
1-39 is not a citizen and is subject to removal from the United States;
1-40 and
1-41 (2)AAthe person had been convicted before release of an
1-42 offense that is punishable as a Class B misdemeanor or any higher
1-43 category of offense.
1-44 (b)AAThis section does not create liability for damages that
1-45 a person who is subject to an immigration detainer request sustains
1-46 following the person s release by a county or municipality.
1-47 (c)AAGovernmental immunity of a county and municipality to
1-48 suit is waived and abolished to the extent of liability created by
1-49 this section.
1-50 SECTIONA2.AAChapter 2, Code of Criminal Procedure, is
1-51 amended by adding Articles 2.251 and 2.252 to read as follows:
1-52 Art.A2.251.AAENFORCEMENT OF FEDERAL IMMIGRATION LAW. (a)AAA
1-53 peace officer may not stop a motor vehicle or conduct a search of a
1-54 business or residence solely to enforce a federal law relating to
1-55 aliens, immigrants, or immigration, including the federal
1-56 Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.),
1-57 unless the officer is acting:
1-58 (1)AAat the request of, or providing assistance to, an
1-59 appropriate federal law enforcement officer; or
1-60 (2)AAunder the terms of an agreement between the law

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 C.S.S.B.ANo.A4
2-1 enforcement agency employing the officer and the federal government
2-2 under which the agency receives delegated authority to enforce
2-3 federal law relating to aliens, immigrants, or immigration.
2-4 (b)AAA peace officer may arrest an alien not lawfully present
2-5 in the United States only if the officer is acting under the
2-6 authority granted under Article 2.13.
2-7 Art.A2.252.AADUTIES RELATED TO IMMIGRATION DETAINER
2-8 REQUESTS. (a)AAA law enforcement agency that has custody of a
2-9 person subject to an immigration detainer request issued by United
2-10 States Immigration and Customs Enforcement shall comply with,
2-11 honor, and fulfill any request made in the detainer request and in
2-12 any other instrument provided by the federal government.
2-13 (b)AAA law enforcement agency shall presume an immigration
2-14 detainer request is based on probable cause and is otherwise valid,
2-15 regardless of whether the detainer request is written or verbal.
2-16 SECTIONA3.AAChapter 42, Code of Criminal Procedure, is
2-17 amended by adding Article 42.039 to read as follows:
2-18 Art.A42.039.AACOMPLETION OF SENTENCE IN FEDERAL CUSTODY.
2-19 (a)AAThis article applies only to a criminal case in which:
2-20 (1)AAthe judgment requires the defendant to be confined
2-21 in a secure correctional facility; and
2-22 (2)AAthe defendant is subject to an immigration
2-23 detainer request.
2-24 (b)AAIn a criminal case described by Subsection (a), the
2-25 judge shall, at the time of pronouncement of a sentence of
2-26 confinement, issue an order requiring the secure correctional
2-27 facility in which the defendant is to be confined and all
2-28 appropriate government officers, including a sheriff, a warden, or
2-29 members of the Board of Pardons and Paroles, as appropriate, to
2-30 require the defendant to serve in federal custody the final portion
2-31 of the defendant s sentence, not to exceed a period of seven days,
2-32 following the facility s or officer s determination that the change
2-33 in the place of confinement will facilitate the seamless transfer
2-34 of the defendant into federal custody. In the absence of an order
2-35 issued under this article, a facility or officer acting under
2-36 exigent circumstances may perform the transfer after making the
2-37 determination described by this subsection. This subsection
2-38 applies only if appropriate officers of the federal government
2-39 consent to the transfer of the defendant into federal custody under
2-40 the circumstances described by this subsection.
2-41 (c)AAIf the applicable information described by Subsection
2-42 (a)(2) is not available at the time sentence is pronounced in the
2-43 case, the judge shall issue the order described by Subsection (b) as
2-44 soon as the information becomes available. The judge retains
2-45 jurisdiction for the purpose of issuing an order under this
2-46 article.
2-47 (d)AAFor purposes of this article, "secure correctional
2-48 facility" has the meaning assigned by Section 1.07, Penal Code.
2-49 SECTIONA4.AASection 22A.001(a), Government Code, is amended
2-50 to read as follows:
2-51 (a)AAThe attorney general may petition the chief justice of
2-52 the supreme court to convene a special three-judge district court
2-53 in any suit:
2-54 (1)AAfiled in a district court in this state in which
2-55 this state or a state officer or agency is a defendant in a claim
2-56 that:
2-57 (A)A[(1)]AAchallenges the finances or operations
2-58 of this state s public school system; or
2-59 (B)A[(2)]AAinvolves the apportionment of
2-60 districts for the house of representatives, the senate, the State
2-61 Board of Education, or the United States Congress, or state
2-62 judicial districts; or
2-63 (2)AAinvolving an alleged violation of Section 752.053
2-64 by a local entity or campus police department of an institution of
2-65 higher education.
2-66 SECTIONA5.AAChapter 752, Government Code, is amended by
2-67 adding Subchapter C to read as follows:

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 C.S.S.B.ANo.A4
3-1 SUBCHAPTER C. ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS BY
3-2 LOCAL ENTITIES AND CAMPUS POLICE DEPARTMENTS
3-3 Sec.A752.051.AADEFINITIONS. In this chapter:
3-4 (1)AA"Campus police department" means a law enforcement
3-5 agency of an institution of higher education.
3-6 (2)AA"Immigration detainer request" means a federal
3-7 government request to a local entity or campus police department to
3-8 maintain temporary custody of an alien. The term includes verbal
3-9 and written requests, including a United States Department of
3-10 Homeland Security Form I-247 document or a similar or successor
3-11 form.
3-12 (3)AA"Immigration laws" means the laws of this state or
3-13 federal law relating to aliens, immigrants, or immigration,
3-14 including the federal Immigration and Nationality Act (8 U.S.C.
3-15 Section 1101 et seq.).
3-16 (4)AA"Institution of higher education" means:
3-17 (A)AAan institution of higher education as defined
3-18 by Section 61.003, Education Code; or
3-19 (B)AAa private or independent institution of
3-20 higher education as defined by Section 61.003, Education Code.
3-21 (5)AA"Lawful detention" means the detention of an
3-22 individual by a local entity or campus police department for the
3-23 investigation of a criminal offense. The term excludes a detention
3-24 if the sole reason for the detention is that the individual:
3-25 (A)AAis a victim of or witness to a criminal
3-26 offense; or
3-27 (B)AAis reporting a criminal offense.
3-28 (6)AA"Local entity" means:
3-29 (A)AAthe governing body of a municipality, county,
3-30 or special district or authority, subject to Section 752.052;
3-31 (B)AAan officer or employee of or a division,
3-32 department, or other body that is part of a municipality, county, or
3-33 special district or authority, including a sheriff, municipal
3-34 police department, municipal attorney, or county attorney; and
3-35 (C)AAa district attorney or criminal district
3-36 attorney.
3-37 (7)AA"Policy" includes a formal, written rule, order,
3-38 ordinance, or policy and an informal, unwritten policy.
3-39 Sec.A752.052.AAAPPLICABILITY OF CHAPTER. (a)AAThis chapter
3-40 does not apply to a school district or open-enrollment charter
3-41 school. This chapter does not apply to the release of information
3-42 contained in education records of an educational agency or
3-43 institution, except in conformity with the Family Educational
3-44 Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
3-45 (b)AASubject to Subsection (c), this chapter does not apply
3-46 to a hospital or hospital district created under Subtitle C or D,
3-47 Title 4, Health and Safety Code, or a hospital district created
3-48 under a general or special law authorized by Article IX, Texas
3-49 Constitution, to the extent that the hospital or hospital district
3-50 is providing access to or delivering medical or health care
3-51 services as required under the following applicable federal or
3-52 state laws:
3-53 (1)AA42 U.S.C. Section 1395dd;
3-54 (2)AA42 U.S.C. Section 1396b(v);
3-55 (3)AASubchapter C, Chapter 61, Health and Safety Code;
3-56 (4)AAChapter 81, Health and Safety Code; and
3-57 (5)AASection 311.022, Health and Safety Code.
3-58 (c)AASubsection (b) does not exclude the application of this
3-59 chapter to a commissioned peace officer employed by or commissioned
3-60 by a hospital or hospital district otherwise subject to Subsection
3-61 (b).
3-62 Sec.A752.053.AAPOLICY REGARDING IMMIGRATION ENFORCEMENT.
3-63 (a)AAA local entity or campus police department shall not:
3-64 (1)AAadopt, enforce, or endorse a policy under which
3-65 the entity or department prohibits or discourages the enforcement
3-66 of immigration laws; or
3-67 (2)AAby consistent actions prohibit or discourage the
3-68 enforcement of immigration laws.
3-69 (b)AAIn compliance with Subsection (a), a local entity or

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4-1 campus police department shall not prohibit or discourage a person
4-2 who is a commissioned peace officer described by Article 2.12, Code
4-3 of Criminal Procedure, a corrections officer, a booking clerk, a
4-4 magistrate, or a district attorney, criminal district attorney, or
4-5 other prosecuting attorney and who is employed by or otherwise
4-6 under the direction or control of the entity or department from
4-7 doing any of the following:
4-8 (1)AAinquiring into the immigration status of a person
4-9 under a lawful detention or under arrest;
4-10 (2)AAwith respect to information relating to the
4-11 immigration status, lawful or unlawful, of any person under a
4-12 lawful detention or under arrest, including information regarding
4-13 the person s place of birth:
4-14 (A)AAsending the information to or requesting or
4-15 receiving the information from United States Citizenship and
4-16 Immigration Services, United States Immigration and Customs
4-17 Enforcement, or another relevant federal agency;
4-18 (B)AAmaintaining the information; or
4-19 (C)AAexchanging the information with another
4-20 local entity or campus police department or a federal or state
4-21 governmental entity;
4-22 (3)AAassisting or cooperating with a federal
4-23 immigration officer as reasonable or necessary, including
4-24 providing enforcement assistance; or
4-25 (4)AApermitting a federal immigration officer to enter
4-26 and conduct enforcement activities at a jail to enforce federal
4-27 immigration laws.
4-28 Sec.A752.054.AADISCRIMINATION PROHIBITED. A local entity, a
4-29 campus police department, or a person employed by or otherwise
4-30 under the direction or control of the entity or department may not
4-31 consider race, color, language, or national origin while enforcing
4-32 immigration laws except to the extent permitted by the United
4-33 States Constitution or Texas Constitution.
4-34 Sec.A752.055.AACOMPLAINT; EQUITABLE RELIEF. (a)AAAny
4-35 person, including the federal government, may file a complaint with
4-36 the attorney general if the person offers evidence to support an
4-37 allegation that a local entity or campus police department is
4-38 violating Section 752.053. The person must include with the
4-39 complaint the evidence the person has that supports the complaint.
4-40 (b)AAA local entity or campus police department for which the
4-41 attorney general has received a complaint under Subsection (a)
4-42 shall comply with a document request, including a request for
4-43 supporting documents, from the attorney general related to the
4-44 complaint.
4-45 (c)AAIf the attorney general determines that a complaint
4-46 filed under Subsection (a) against a local entity or campus police
4-47 department is valid, the attorney general shall, not later than the
4-48 10th day after the date of the determination, provide written
4-49 notification to the entity or department that:
4-50 (1)AAthe complaint has been filed;
4-51 (2)AAthe attorney general has determined that the
4-52 complaint is valid;
4-53 (3)AAthe attorney general is authorized to file an
4-54 action to enjoin the violation if the entity or department does not
4-55 come into compliance with the requirements of Section 752.053 on or
4-56 before the 90th day after the date the notification is provided; and
4-57 (4)AAthe entity and each entity that is under the
4-58 jurisdiction of the local entity or department will be denied state
4-59 grant funds for the state fiscal year following the year in which a
4-60 final judicial determination in an action brought under Subsection
4-61 (e) is made.
4-62 (d)AANot later than the 30th day after the day a local entity
4-63 or campus police department receives written notification under
4-64 Subsection (c), the entity or department shall provide the attorney
4-65 general with a copy of:
4-66 (1)AAthe entity s or department s written policies
4-67 related to immigration enforcement actions;
4-68 (2)AAeach immigration detainer request received by the
4-69 entity or department from the United States Department of Homeland

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5-1 Security; and
5-2 (3)AAeach response sent by the entity or department for
5-3 a detainer request described by Subdivision (2).
5-4 (e)AAIf the attorney general determines that a complaint
5-5 filed under Subsection (a) is valid, the attorney general may
5-6 petition the chief justice of the supreme court to convene the
5-7 special three-judge district court described by Chapter 22A to hear
5-8 a petition for a writ of mandamus or other appropriate equitable
5-9 relief to compel the local entity or campus police department that
5-10 is violating Section 752.053 to comply with that section. The court
5-11 shall be convened in Travis County or the county in which the
5-12 principal office of the entity or department is located. The
5-13 attorney general may recover reasonable expenses incurred in
5-14 obtaining relief under this subsection, including court costs,
5-15 reasonable attorney s fees, investigative costs, witness fees, and
5-16 deposition costs.
5-17 (f)AAAn appeal of a suit brought under Subsection (e) is
5-18 governed by the procedures for accelerated appeals in civil cases
5-19 under the Texas Rules of Appellate Procedure. The appellate court
5-20 shall render its final order or judgment with the least possible
5-21 delay.
5-22 Sec.A752.056.AADENIAL OF STATE GRANT FUNDS; DATABASE.
5-23 (a)AAA local entity, including each entity under the jurisdiction
5-24 of the local entity, or a campus police department may not receive
5-25 state grant funds if the local entity or department violates
5-26 Section 752.053.
5-27 (b)AAExcept as provided by Subsection (c), state grant funds
5-28 for a local entity or campus police department shall be denied
5-29 beginning with the state fiscal year following the year in which a
5-30 final judicial determination in an action brought under Section
5-31 752.055 is made that the local entity or department has
5-32 intentionally violated Section 752.053. State grant funds shall
5-33 continue to be denied until reinstated under Section 752.057.
5-34 (c)AAState grant funds for the provision of wearable body
5-35 protective gear used for law enforcement purposes may not be denied
5-36 under this section.
5-37 (d)AAThe comptroller shall adopt rules to implement this
5-38 section uniformly among the state agencies from which state grant
5-39 funds are distributed to local entities and campus police
5-40 departments.
5-41 (e)AAThe attorney general shall develop and maintain a
5-42 database listing each local entity and campus police department for
5-43 which a final judicial determination described by Subsection (b)
5-44 has been made. The attorney general shall post the database on the
5-45 attorney general s Internet website.
5-46 Sec.A752.057.AAREINSTATEMENT OF STATE GRANT FUNDS.
5-47 (a)AAExcept as provided by Subsection (b), not earlier than the
5-48 first anniversary of the date of a final judicial determination
5-49 that a local entity or campus police department has intentionally
5-50 violated Section 752.053, the entity or department may petition the
5-51 chief justice of the supreme court to convene the special
5-52 three-judge district court described by Chapter 22A to hear an
5-53 action against the attorney general seeking a declaratory judgment
5-54 regarding the entity s or department s compliance with Section
5-55 752.053.
5-56 (b)AAA local entity or campus police department may petition
5-57 for the reinstatement of state grant funds under Subsection (a)
5-58 before the date described by that subsection if the person who was
5-59 the chief executive of the entity or department at the time of the
5-60 violation of Section 752.053 is removed from office.
5-61 (c)AAA local entity or campus police department that brings
5-62 an action described by Subsection (a) shall comply with a document
5-63 request, including a request for supporting documents, from the
5-64 attorney general related to the action.
5-65 (d)AAIf the court renders a declaratory judgment declaring
5-66 that the local entity or campus police department is in compliance
5-67 with Section 752.053, state grant funds for the entity or
5-68 department shall be reinstated beginning with the first day of the
5-69 month following the month in which the declaratory judgment was

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6-1 rendered.
6-2 (e)AAA local entity or campus police department may not bring
6-3 an action described by Subsection (a) more than twice in one
6-4 12-month period.
6-5 (f)AAA party is not entitled to recover any attorney s fees
6-6 in an action described by Subsection (a).
6-7 SECTIONA6.AAIt is the intent of the legislature that every
6-8 provision, section, subsection, sentence, clause, phrase, or word
6-9 in this Act, and every application of the provisions in this Act to
6-10 each person or entity, are severable from each other. If any
6-11 application of any provision in this Act to any person, group of
6-12 persons, or circumstances is found by a court to be invalid for any
6-13 reason, the remaining applications of that provision to all other
6-14 persons and circumstances shall be severed and may not be affected.
6-15 SECTIONA7.AANot later than January 1, 2018, each law
6-16 enforcement agency subject to this Act shall:
6-17 (1)AAformalize in writing any unwritten, informal
6-18 policies relating to the enforcement of immigration laws; and
6-19 (2)AAupdate the agency s policies to be consistent with
6-20 this Act and to include:
6-21 (A)AAprovisions prohibiting an agency officer or
6-22 employee from preventing agency personnel from taking immigration
6-23 enforcement actions described by Section 752.053, Government Code,
6-24 as added by this Act; and
6-25 (B)AAprovisions requiring each agency officer or
6-26 employee to comply with Articles 2.251 and 2.252, Code of Criminal
6-27 Procedure, as added by this Act, if applicable.
6-28 SECTIONA8.AASection 101.0216, Civil Practice and Remedies
6-29 Code, as added by this Act, applies only with respect to the release
6-30 of a person from custody on or after the effective date of this Act.
6-31 SECTIONA9.AAThis Act takes effect immediately if it receives
6-32 a vote of two-thirds of all the members elected to each house, as
6-33 provided by Section 39, Article III, Texas Constitution. If this
6-34 Act does not receive the vote necessary for immediate effect, this
6-35 Act takes effect September 1, 2017.

6-36 * * * * *