Bill Text: TX SB8 | 2025-2026 | 89th Legislature | Enrolled
Bill Title: 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.
Sponsorship: Partisan Bill (Republican 20)
Status: (Passed) 2025-06-20 - Effective on 1/1/26 [SB8 Detail]
Download: Texas-2025-SB8-Enrolled.html
| S.B. No. 8 | ||
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| 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 | ||
