Spiller Bill Orders Immigration Checks On Every Arrest

The text as introduced · 2,753 words

89R6341 JCG-F

By: Spiller
H.B. No. 2566

A BILL TO BE ENTITLED

AN ACT

relating to the enforcement of state and federal immigration laws

by state agencies, local entities, and peace officers; creating a

civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Texas Criminal Alien

Track and Report Act.

SECTION 2. Article 2A.059, Code of Criminal Procedure, is

amended to read as follows:

Art. 2A.059. NATIONALITY OR IMMIGRATION STATUS INQUIRY.

(a) Subject to Subsection (b), in the course of investigating an

alleged criminal offense, a peace officer may inquire as to the

nationality or immigration status of a victim of or witness to the

offense [ only ] if the officer determines that the inquiry is

necessary to:

(1) investigate the offense; or

(2) provide the victim or witness with information

about federal visas designed to protect individuals providing

assistance to law enforcement.

(b) Subsection (a) does not prevent a peace officer from:

(1) conducting a separate investigation of any other

alleged criminal offense; or

(2) inquiring as to the nationality or immigration

status of a victim of or witness to a criminal offense if the

officer has reasonable suspicion [ probable cause to believe ] that

the victim or witness has engaged in specific conduct constituting

a separate criminal offense.

SECTION 3. Subchapter B, Chapter 2A, Code of Criminal

Procedure, is amended by adding Articles 2A.0595 and 2A.0596 to

read as follows:

Art. 2A.0595. DUTY TO INVESTIGATE IMMIGRATION STATUS ON

PERSON'S FAILURE TO PROVIDE CERTAIN IDENTIFICATION DOCUMENTS. (a)

A peace officer who has detained a person on reasonable suspicion

that the person has committed an offense may request that the person

provide a document to verify the identity of the person and the

person's immigration status.

(b) The person may satisfy a request under Subsection (a) by

providing:

(1) a driver's license or personal identification

certificate issued under Chapter 521, Transportation Code;

(2) a commercial driver's license issued under Chapter

522, Transportation Code;

(3) a driver's license or commercial driver's license

issued by another state that to be issued required proof of lawful

presence in the United States;

(4) an unexpired United States passport book or card;

(5) an unexpired document issued by the United States

Department of Homeland Security or United States Citizenship and

Immigration Services with verifiable data and a photograph

sufficiently clear to enable identification of the person;

(6) an unexpired foreign passport with an attached

visa issued by the United States; or

(7) any other documentation or combination of

documentation that is sufficient to allow the peace officer to

verify the person's identity and immigration status.

(c) If a person fails to provide documentation listed in

Subsection (b) after a peace officer's request under Subsection

(a), not later than 48 hours after the person's failure to provide

required documentation, the officer shall make reasonable efforts

to verify the person's immigration status, including by contacting

the Law Enforcement Support Center of the United States Department

of Homeland Security or a successor agency.

(d) This article does not apply to a peace officer enforcing

federal immigration laws as authorized by an agreement with United

States Immigration and Customs Enforcement under Section 287(g),

Immigration and Nationality Act (8 U.S.C. Section 1357(g)) or any

other federal law authorizing an officer of a state or a political

subdivision of a state to enforce federal immigration law.

(e) A peace officer may not consider a person's race, color,

religion, language, or national origin while exercising the powers

or performing the duties of this article except to the extent

permitted by the United States Constitution and the Texas

Constitution.

Art. 2A.0596. DUTY TO INVESTIGATE IMMIGRATION STATUS ON

ARREST. As soon as practicable after a peace officer arrests a

person, the officer shall:

(1) review the person's criminal history record

information available through the National Crime Information

Center and the Texas Crime Information Center;

(2) ensure that the person's fingerprints are

obtained; and

(3) investigate the person's immigration status in the

manner required by Article 2A.0595 unless the officer has

previously confirmed the person's immigration status in accordance

with that article.

SECTION 4. Subchapter B, Chapter 2A, Code of Criminal

Procedure, is amended by adding Article 2A.0605 to read as follows:

Art. 2A.0605. INVESTIGATION OF IMMIGRATION STATUS OF PERSON

CONFINED IN JAIL. (a) Except as provided by Subsection (b), a

municipal or county jail that takes custody of a person arrested for

an offense shall make reasonable efforts to investigate the

person's immigration status as soon as practicable after taking

custody of the person if the arresting peace officer:

(1) could not determine the person's immigration

status after conducting the investigation required by Article

2A.0596; or

(2) did not provide the results of an investigation

conducted under Article 2A.0596 to the jail.

(b) If the municipal or county jail receives custody of a

person described by Subsection (a) transferred from another jail,

and the transferring jail has completed or already begun

investigating the person's immigration status, the receiving jail

is not required to investigate the person's immigration status

under this article.

(c) If a municipal or county jail takes custody of a person

described by Subsection (a) and subsequently transfers the person

to another jail, the transferring jail shall:

(1) continue any investigation into the person's

immigration status that was begun before the transfer; and

(2) on completion of the investigation described by

Subdivision (1), notify the receiving jail of the results of the

investigation.

SECTION 5. Chapter 493, Government Code, is amended by

adding Section 493.0153 to read as follows:

Sec. 493.0153. REPORT ON INMATES AND STATE JAIL FELONY

DEFENDANTS SUBJECT TO IMMIGRATION DETAINER REQUEST BY IMMIGRATION

AND CUSTOMS ENFORCEMENT. (a) For each 90-day period, the

department shall:

(1) identify each inmate and state jail felony

defendant who is:

(A) confined in a facility operated by or for the

department during the 90-day period; and

(B) subject to an immigration detainer request

issued by United States Immigration and Customs Enforcement;

(2) compile a report regarding the immigration status

of the inmates and defendants identified under Subdivision (1), the

offenses for which the inmates and defendants are serving a

sentence, and the home country of each of those inmates and

defendants; and

(3) publish on the department's publicly accessible

Internet website the report compiled under Subdivision (2) as soon

as practicable after the expiration of the 90-day period covered by

the report.

(b) The report required under Subsection (a)(2) must

include the total numbers for each data category, and if an inmate

or state jail felony defendant is a citizen of both the United

States and one or more other countries, data for those inmates and

defendants must be reported separately.

SECTION 6. Section 511.0101, Government Code, is amended by

amending Subsection (a) and adding Subsection (c) to read as

follows:

(a) Each county shall submit to the commission on or before

the fifth day of each month a report containing the following

information:

(1) the number of prisoners confined in the county

jail on the first day of the month, classified on the basis of the

following categories:

(A) total prisoners;

(B) pretrial Class C misdemeanor offenders;

(C) pretrial Class A and B misdemeanor offenders;

(D) convicted misdemeanor offenders;

(E) felony offenders whose penalty has been

reduced to a misdemeanor;

(F) pretrial felony offenders;

(G) convicted felony offenders;

(H) prisoners detained on bench warrants;

(I) prisoners detained for parole violations;

(J) prisoners detained for federal officers;

(K) prisoners awaiting transfer to the

institutional division of the Texas Department of Criminal Justice

following conviction of a felony or revocation of probation,

parole, or release on mandatory supervision and for whom paperwork

and processing required for transfer have been completed;

(L) prisoners detained after having been

transferred from another jail and for whom the commission has made a

payment under Subchapter F, Chapter 499, Government Code;

(M) prisoners for whom an immigration detainer

has been issued by United States Immigration and Customs

Enforcement , and of those prisoners:

(i) the number transferred to the custody

of United States Immigration and Customs Enforcement in the

previous month; and

(ii) the number released from custody in

the previous month ;

(N) prisoners who were known or reasonably

believed to be present in the United States in violation of federal

immigration laws or Chapter 51, Penal Code;

(O) female prisoners; and

(P) [ (O) ] other prisoners;

(2) the total capacity of the county jail on the first

day of the month;

(3) the total number of prisoners who were confined in

the county jail during the preceding month, based on a count

conducted on each day of that month, who were known or had been

determined to be pregnant;

(4) the total cost to the county during the preceding

month of housing prisoners described by Subdivisions [ Subdivision ]

(1)(M) and (N) , calculated based on the average daily cost of

housing a prisoner in the county jail; and

(5) certification by the reporting official that the

information in the report is accurate.

(c) Not later than the 30th day after the date a county

submits to the commission the report required under this section,

the county shall publish on its publicly accessible Internet

website the information described by Subsections (a)(1)(M) and (N)

that was contained in the report.

SECTION 7. Chapter 752, Government Code, is amended by

adding Subchapter D to read as follows:

SUBCHAPTER D. COOPERATION WITH FEDERAL IMMIGRATION AUTHORITIES

Sec. 752.081. DEFINITIONS. In this subchapter:

(1) "Alien" has the meaning assigned by 8 U.S.C.

Section 1101, as that provision existed on January 1, 2025.

(2) "Immigration laws" and "local entity" have the

meanings assigned by Section 752.051.

(3) "Peace officer" means a person elected, employed,

or appointed as a peace officer under Article 2A.001, Code of

Criminal Procedure.

Sec. 752.082. ENFORCEMENT OF IMMIGRATION LAWS;

COORDINATION WITH FEDERAL AUTHORITIES. (a) To the extent

authorized by federal law, each employee of a state agency or local

entity, including a peace officer, district attorney, criminal

district attorney, and county attorney, shall send, receive, and

maintain information relating to the immigration status of any

individual as reasonably needed for public safety purposes. Except

as provided by federal law, an employee of a state agency or local

entity may not be prohibited from receiving or maintaining

information related to the immigration status of any individual or

sending or exchanging that information with other federal, state,

or local governmental entities for official public safety purposes.

(b) Each state agency and local entity shall promote

compliance with and enforcement of state laws related to deterring

the presence of criminal illegal aliens in this state and may enter

into memoranda of understanding with the United States Department

of Justice, the United States Department of Homeland Security, or

any other federal agency for the purpose of enforcing immigration

laws, including agreements with United States Immigration and

Customs Enforcement under Section 287(g), Immigration and

Nationality Act (8 U.S.C. Section 1357(g)), or a successor federal

program. The Department of Public Safety and each sheriff's

office, municipal police department, and constable's office shall

annually seek to enter into an agreement with United States

Immigration and Customs Enforcement under Section 287(g),

Immigration and Nationality Act (8 U.S.C. Section 1357(g)), or a

successor federal program, when no agreement is in effect for that

year.

(c) Except as provided by federal law, a state agency or

local entity may use available federal resources, including

databases, equipment, grant funds, training, or participation in

incentive programs for any public safety purpose related to the

enforcement of immigration laws.

(d) When reasonably possible, a state agency, in

collaboration with the governor's office, shall pursue federal

incentive programs and grant funding for the purpose of assisting

and encouraging state agencies and local entities to enter into

agreements with federal agencies regarding the enforcement of

immigration laws and the use of federal resources, consistent with

the provisions of this subchapter.

Sec. 752.083. AUTHORITY TO DETAIN AND TRANSPORT ILLEGAL

ALIENS. (a) If a peace officer has probable cause to believe a

person has committed an offense under Section 51.04, Penal Code,

the officer shall securely transport the person to the custody of

the United States Department of Homeland Security or to a temporary

point of detention and reasonably detain the person when authorized

by federal immigration detainer or federal arrest warrant.

(b) This section may not be construed to hinder or prevent a

peace officer or law enforcement agency from arresting or detaining

any criminal suspect on other criminal charges.

Sec. 752.084. IMMUNITY. A law enforcement officer or

employee of a state agency or local entity who reasonably acts in

good faith to enforce immigration laws pursuant to an agreement

with federal authorities or to carry out any provision of this

subchapter is immune from liability when enforcing those laws or

carrying out this subchapter.

Sec. 752.085. REFUSAL TO ENFORCE IMMIGRATION LAWS; CIVIL

PENALTY. (a) A local entity may not intentionally refuse to comply

with the requirements of this subchapter relating to the

enforcement of immigration laws.

(b) If the attorney general has reason to believe that a

local entity has violated Subsection (a), the attorney general may

bring an action for equitable relief against the local entity in a

district court of Travis County or in a district court in the county

where the violation occurred to compel the local entity to comply

with the requirements of this subchapter.

(c) In addition to ordering the local entity to comply with

the requirements of this subchapter, the court may impose a civil

penalty on the local entity. The court has the discretion to

determine the amount of the penalty based on:

(1) the extent and seriousness of the violation;

(2) the local entity's history of violations of this

subchapter;

(3) the amount necessary to deter future violations of

this subchapter;

(4) efforts made by the local entity to correct the

violation; and

(5) any other matter that justice requires.

(d) The attorney general may recover reasonable expenses

incurred in obtaining relief under this section, including court

costs, reasonable attorney's fees, investigative costs, witness

fees, and deposition costs.

(e) A civil penalty collected under this section shall be

deposited to the credit of the compensation to victims of crime fund

established under Subchapter J, Chapter 56B, Code of Criminal

Procedure.

(f) Sovereign immunity of this state and governmental

immunity of a local entity to suit and liability is waived and

abolished to the extent of liability created by this section.

SECTION 8. (a) Article 2A.059, Code of Criminal Procedure,

as amended by this Act, applies only to an inquiry that occurs on or

after the effective date of this Act. An inquiry that occurs before

the effective date of this Act is governed by the law in effect on

the date the inquiry occurred, and the former law is continued in

effect for that purpose.

(b) Article 2A.0595, Code of Criminal Procedure, as added by

this Act, applies only to a detention that occurs on or after the

effective date of this Act.

(c) Article 2A.0596, Code of Criminal Procedure, as added by

this Act, applies only to an arrest that occurs on or after the

effective date of this Act.

(d) Article 2A.0605, Code of Criminal Procedure, as added by

this Act, applies only to confinement that begins on or after the

effective date of this Act.

(e) Section 752.083, Government Code, as added by this Act,

applies only to an offense committed under Section 51.04, Penal

Code, on or after the effective date of this Act. An offense

committed before the effective date of this Act is governed by the

law in effect on the date the offense was committed, and the former

law is continued in effect for that purpose. For purposes of this

subsection, an offense was committed before the effective date of

this Act if any element of the offense occurred before that date.

SECTION 9. Not later than January 1, 2026, the Texas

Department of Criminal Justice shall compile and publish the first

report required by Section 493.0153, Government Code, as added by

this Act.

SECTION 10. If any provision of this Act or its application

to any person or circumstance is held invalid, the invalidity does

not affect other provisions or applications of this Act that can be

given effect without the invalid provision or application, and to

this end the provisions of this Act are declared severable.

SECTION 11. This Act takes effect September 1, 2025.