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89(R) SB 8 - Enrolled version - Bill Text
S.B. No. 8
AN ACT
relating to agreements between certain sheriffs and the United
States Immigration and Customs Enforcement to enforce federal
immigration law and a grant program to cover the costs of
implementing those agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 7, Government Code, is amended by adding
Chapter 753 to read as follows:
CHAPTER 753.
IMMIGRATION LAW ENFORCEMENT AGREEMENTS BETWEEN
CERTAIN SHERIFFS AND FEDERAL GOVERNMENT
SUBCHAPTER A.
GENERAL PROVISIONS
Sec. 753.001. DEFINITIONS. In this chapter:
(1)
"Immigration enforcement agency" means the United
States Immigration and Customs Enforcement.
(2)
"Immigration law enforcement agreement" means a
written agreement between a state or local law enforcement official
and the immigration enforcement agency under Section 287(g),
Immigration and Nationality Act (8 U.S.C. Section 1357(g)), or a
similar federal program, that authorizes the official and the
official's officers, employees, and contractors to enforce federal
immigration law.
(3)
"Grant" means a grant under the grant program
established under Subchapter C.
Sec.
753.002.
GIFTS, GRANTS, AND DONATIONS. (a) The
comptroller may accept gifts, grants, and donations to establish
and administer the grant program established under Subchapter C.
(b)
The comptroller shall make publicly available on the
comptroller's Internet website the source of any gifts, grants, and
donations that were given to the comptroller specifically for the
implementation of the grant program established under Subchapter C.
SUBCHAPTER B.
IMMIGRATION LAW ENFORCEMENT AGREEMENTS REQUIRED
Sec.
753.051.
IMMIGRATION LAW ENFORCEMENT AGREEMENTS. (a)
The sheriff of each county that operates a jail or contracts with a
private vendor to operate a jail shall request and enter into an
immigration law enforcement agreement to authorize the sheriff and
officers, employees, and, as applicable, contractors of the
sheriff's department to enforce federal immigration law.
(b)
A sheriff who requested but did not enter into an
immigration law enforcement agreement under this section shall make
additional requests to enter into an agreement under this section
at least once annually after each request is made.
Sec.
753.052.
IMMIGRATION LAW ENFORCEMENT AGREEMENT
REQUIREMENTS.
An agreement entered into under Section 753.051 must
include the scope, duration, and limitations of the authority to
enforce federal immigration law.
Sec.
753.053.
ALLOCATION OF RESOURCES. A sheriff who
enters into an agreement under Section 753.051 shall allocate the
necessary resources, including personnel and funding, to ensure the
proper implementation of the agreement, including the resources
necessary to meet any reasonable objectives for enforcement set
forth in the agreement.
SUBCHAPTER C.
GRANT PROGRAM
Sec.
753.101.
ESTABLISHMENT AND ADMINISTRATION.
From any
money appropriated or otherwise available for this purpose, the
comptroller shall establish and administer a grant program to
support the state purpose of assisting sheriffs participating in
immigration law enforcement agreements under Section 753.051.
Sec.
753.102.
ELIGIBILITY AND APPLICATION.
(a)
A sheriff
is eligible to apply for a grant under this subchapter if the
sheriff has entered into an immigration law enforcement agreement
under Section 753.051.
(b)
The comptroller by rule may require an applicant to
submit information or documentation with respect to a grant
application submitted under this section.
Sec.
753.103.
AWARD; LIMITATIONS ON USE.
(a)
On approval
of an application submitted under Section 753.102 and using money
appropriated to the comptroller or otherwise available for this
purpose, the comptroller shall award a grant to an eligible sheriff
who applies for the grant as provided by Subsection (b).
(b)
The amount of grant money awarded to a sheriff must be
determined based on the population of the county the sheriff serves
according to the following tiers:
(1)
$80,000 for a county with a population of 99,999 or
less;
(2)
$100,000 for a county with a population of at least
100,000 but not more than 499,999;
(3)
$120,000 for a county with a population of at least
500,000 but not more than 999,999; and
(4)
$140,000 for a county with a population of at least
one million.
(c)
A sheriff who is awarded a grant under this section must
use the grant money to pay the costs associated with participating
in the agreement that is the subject of the grant that are not
reimbursed by the federal government. Grant money may be spent over
a two-year period only on the following:
(1)
compensation for persons performing duties under
the agreement;
(2)
generating and delivering reports required by the
agreement, including administrative duties required by this
subchapter;
(3)
equipment and related services for peace officers
and other persons related to the agreement, including the cost of
repairing or replacing equipment required, but not provided, under
the agreement;
(4)
attendance by a person at any training or other
event required under the agreement;
(5)
costs to the county for confining inmates under
the authority granted under the agreement; and
(6)
other expenses associated with participating in
the agreement as determined by the comptroller.
Sec.
753.104.
COMPTROLLER POWERS AND DUTIES. The
comptroller shall adopt rules necessary to implement the grant
program established under this subchapter, including rules that
establish:
(1)
a standardized application process, including the
form to be used to apply for a grant and the manner of submitting the
form;
(2) deadlines for:
(A) applying for the grant;
(B)
submitting detailed documentation necessary
to demonstrate the sheriff's costs in participating in the
agreement that is the subject of the grant at least annually;
(C) distributing grant money; and
(D) spending grant money; and
(3) procedures for:
(A)
monitoring the distribution of grant money to
ensure compliance with this subchapter; and
(B)
returning grant money that was not used by a
sheriff for a purpose authorized by this subchapter.
Sec.
753.105.
EFFECT ON COUNTY APPROPRIATIONS.
In relation
to money received from a grant awarded to a sheriff under this
subchapter, the commissioners court of the county the sheriff
serves may not reduce the appropriation to the sheriff's department
in response to the sheriff receiving the grant.
SUBCHAPTER D.
REPORTING AND ENFORCEMENT
Sec.
753.151.
REPORTING AND ACCOUNTABILITY. Not later than
April 1 of each even-numbered year, the comptroller shall prepare a
written report on sheriffs participating in immigration law
enforcement agreements under Section 753.051 using information
provided to the comptroller under Subchapter C and Section 753.152
and submit the report to the governor, lieutenant governor, and
speaker of the house of representatives. The report must include:
(1)
details on the grant program established under
Subchapter C, including the number of sheriffs participating and
total amount of money distributed; and
(2)
a summary of any enforcement actions taken by the
attorney general under Section 753.154.
Sec.
753.152.
COMMISSION ON JAIL STANDARDS REPORT.
The
Commission on Jail Standards shall annually submit to the
comptroller a copy of the reports received under Section 511.0101.
Sec.
753.153.
SHERIFF REPORT ON ATTEMPT TO ENTER INTO
AGREEMENT.
The sheriff of a county that operates a jail or
contracts with a private vendor to operate a jail who has not
entered into an agreement under Section 753.051 shall annually
provide proof to the attorney general of the sheriff's attempt to
enter into the agreement.
Sec.
753.154.
ENFORCEMENT BY ATTORNEY GENERAL. (a) The
attorney general may bring an action against a sheriff who fails to
comply with this chapter in a district court for appropriate
equitable relief.
(b)
The attorney general may recover reasonable expenses
incurred in obtaining relief under Subsection (a), including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition costs.
(c)
An action brought against a sheriff under this section
must be brought in a district court for the county served by the
sheriff.
SECTION 2. Not later than December 1, 2026, the sheriff of
each county shall comply with Section 753.051(a), Government Code,
as added by this Act.
SECTION 3. A grant awarded to a sheriff under Subchapter C,
Chapter 753, Government Code, as added by this Act, may cover any
costs associated with participating in an agreement described by
Section 753.051, Government Code, as added by this Act, that were
incurred by the sheriff between September 30, 2025, and January 1,
2026.
SECTION 4. Except as otherwise provided by this Act, this
Act takes effect January 1, 2026.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 8 passed the Senate on
April 1, 2025, by the following vote: Yeas 20, Nays 11;
May 28, 2025, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 29, 2025, House
granted request of the Senate; May 31, 2025, Senate adopted
Conference Committee Report by the following vote: Yeas 20,
Nays 11.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 8 passed the House, with
amendments, on May 25, 2025, by the following vote: Yeas 86,
Nays 47, one present not voting; May 29, 2025, House granted
request of the Senate for appointment of Conference Committee;
June 1, 2025, House adopted Conference Committee Report by the
following vote: Yeas 89, Nays 52, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor