Bill Text: TX SB658 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to agreements between sheriffs and the United States Immigration and Customs Enforcement to enforce federal immigration law.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2025-02-03 - Referred to State Affairs [SB658 Detail]
Download: Texas-2025-SB658-Introduced.html
| 89R6011 MP-D | ||
| By: Schwertner | S.B. No. 658 | |
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| relating to agreements between sheriffs and the United States | ||
| Immigration and Customs Enforcement to enforce federal immigration | ||
| law. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 752, Government Code, is amended by | ||
| adding Subchapter D to read as follows: | ||
| SUBCHAPTER D. IMMIGRATION LAW ENFORCEMENT AGREEMENTS BETWEEN | ||
| SHERIFFS AND FEDERAL GOVERNMENT | ||
| Sec. 752.081. IMMIGRATION ENFORCEMENT AGREEMENTS. (a) The | ||
| sheriff of each county with a population of 250,000 or more shall | ||
| request, and as offered, enter into a written agreement with the | ||
| United States Immigration and Customs Enforcement under Section | ||
| 287(g), Immigration and Nationality Act (8 U.S.C. Section 1357(g)), | ||
| or an agreement under a similar federal program to authorize | ||
| officers and employees of the sheriff's department to enforce | ||
| federal immigration law. | ||
| (b) The sheriff of a county with a population of less than | ||
| 250,000 may request, and as offered, enter into a written agreement | ||
| with the United States Immigration and Customs Enforcement under | ||
| Section 287(g), Immigration and Nationality Act (8 U.S.C. Section | ||
| 1357(g)), or an agreement under a similar federal program to | ||
| authorize officers and employees of the sheriff's department to | ||
| enforce federal immigration law. | ||
| (c) An agreement entered into under this section must | ||
| include the scope, duration, and limitations of the authority to | ||
| enforce federal immigration law. | ||
| (d) A sheriff who enters into an agreement under this | ||
| section 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. | ||
| (e) The sheriff of a county with a population of 250,000 or | ||
| more who requested but was not offered a written agreement under | ||
| this section shall make additional requests to enter into a written | ||
| agreement under this section at least once annually after each | ||
| request is made. | ||
| Sec. 752.082. GRANT PROGRAM FOR SHERIFFS OF SMALL COUNTIES | ||
| IMPLEMENTING IMMIGRATION ENFORCEMENT AGREEMENT. (a) In this | ||
| section, "grant" means a grant authorized to be awarded by the | ||
| attorney general under the grant program established by this | ||
| section. | ||
| (b) Only if appropriated money for this purpose, the | ||
| attorney general shall establish and administer a competitive grant | ||
| program to support the state purpose of ensuring the security of | ||
| this state's borders by awarding grants to reimburse eligible | ||
| sheriffs the costs of participating in agreements entered into | ||
| under Section 752.081. | ||
| (c) A sheriff is eligible to apply for a grant under this | ||
| section if the sheriff serves a county that has a population of less | ||
| than 250,000 and has entered into an agreement under Section | ||
| 752.081. The application must include a detailed plan on how the | ||
| sheriff intends to implement and sustain the sheriff's | ||
| participation in the agreement. | ||
| (d) On approval of an application submitted under | ||
| Subsection (c) and using money appropriated to the attorney general | ||
| for this purpose, the attorney general shall award a grant to an | ||
| eligible sheriff who applies for the grant. | ||
| (e) 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 only be spent | ||
| over a two-year period on: | ||
| (1) stipends for employees participating in the | ||
| agreement; | ||
| (2) generating and delivering reports required by the | ||
| agreement, including reports required by this subchapter; | ||
| (3) equipment related to the agreement purchased for a | ||
| county jail; and | ||
| (4) other expenses associated with participating in | ||
| the agreement as determined by the attorney general. | ||
| (f) The attorney general shall adopt rules necessary to | ||
| implement this section, 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 once each | ||
| quarter; | ||
| (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 section; and | ||
| (B) returning grant money that was not used by a | ||
| sheriff for a purpose authorized by this section. | ||
| Sec. 752.083. REPORTING AND ACCOUNTABILITY. (a) A sheriff | ||
| who has entered into an agreement under Section 752.081 shall | ||
| annually submit a written report to the attorney general. The | ||
| report must provide details on the sheriff's activities, | ||
| expenditures, and outcomes related to the agreement. | ||
| (b) The sheriff of a county with a population of 250,000 or | ||
| more who has not entered into an agreement under Section 752.081 | ||
| shall annually provide proof to the attorney general of the | ||
| sheriff's attempt to enter into the agreement. | ||
| (c) The attorney general shall prepare an annual written | ||
| report on participation in agreements entered into under Section | ||
| 752.081 and submit the report to the governor, lieutenant governor, | ||
| and speaker of the house of representatives. The report must | ||
| include: | ||
| (1) a summary of the sheriff reports submitted under | ||
| Subsection (a); | ||
| (2) details on the grant program established under | ||
| Section 752.082, including the number of sheriffs participating and | ||
| total amount of money distributed; and | ||
| (3) a summary of any enforcement actions taken under | ||
| Section 752.084. | ||
| Sec. 752.084. ENFORCEMENT BY ATTORNEY GENERAL. (a) The | ||
| attorney general may bring an action against a sheriff who fails to | ||
| comply with this subchapter in a district court in Travis County 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. | ||
| SECTION 2. Not later than December 1, 2026, the sheriff of | ||
| each county with a population of 250,000 or more shall comply with | ||
| Section 752.081(a), Government Code, as added by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
