By: Louderback H.B. No. 2257
A BILL TO BE ENTITLED
AN ACT
relating to required agreements between county sheriffs and the
United States 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. REQUIRED PARTICIPATION IN CERTAIN FEDERAL
IMMIGRATION PROGRAMS
Sec. 752.081. DEFINITIONS. In this subchapter:
(1) "Federal delegation of authority program" means the
program established by Section 287(g) of the Immigration and
Nationality Act (8 U.S.C. Section 1357(g)), or similar successor
program delegating certain federal immigration enforcement power
to local law enforcement.
(2) "Federal government" means the United States Department
of Homeland Security, or any other federal agency authorized to
implement the provisions of the federal delegation of authority
program described by this subchapter.
(3) "Jail enforcement model" means an agreement with the
federal government under 8 U.S.C. Section 1357(g), delegating
certain responsibilities to process removable noncitizens who are
arrested and detained by state or local law enforcement agencies in
cooperation with the federal government.
(4) "Warrant service officer model" means an agreement
under 8. U.S.C. Section 1357(g) authorizing local law enforcement
officers, designated and trained by the federal government, to
serve federal administrative immigration warrants and execute
arrests on behalf of the federal government.
Sec. 752.082. REQUIRED PARTICIPATION. (a) Each county
sheriff shall apply for participation in the federal delegation of
authority program described by this subchapter and, as offered,
shall continue participation in the program. A county sheriff
shall submit a request to participate to the federal government and
work in good faith to meet all requirements necessary for
participation in the program.
(b) Notwithstanding Sec. 752.083, A county sheriff shall
seek participation in the jail enforcement model described by this
subchapter.
(c) This subchapter does not a prohibit a sheriff from
requesting to operate multiple models or execute multiple
agreements as offered by the federal government for the purpose of
executing certain delegated immigration enforcement authority,
subject to federal rules.
(d) Successive elected sheriffs may not end participation
in the program if their predecessor has signed an agreement with the
federal government. If a sheriff's vacated predecessor has not
concluded the process necessary for participation, the matter shall
be treated as unfinished business under Sec. 85.023, Local
Government Code.
(e) A sheriff who requested but was not offered
participation under this section shall make additional requests to
participate under this section at least once annually after each
request is made. A sheriff making a request under this section
shall make a good faith effort to correct any deficiencies cited by
the federal government as cause for a denial to participate.
Sec. 752.083. REQUIRED ENFORCEMENT MODELS IN CERTAIN
COUNTIES. (a) A sheriff of a county with a population of 75,000 or
less shall apply to participate in either the warrant service
officer model or jail enforcement model described by Sec. 752.081.
(b) A sheriff to whom this section applies may choose to
seek participation through a different model described by Sec.
752.081 at their discretion, subject to federal rules.
Sec. 752.084. DEADLINES. (a) A sheriff of a county with a
population of 250,000 or more shall submit an initial request to
participate to the federal government no later than July 1, 2026.
(b) A sheriff of a county with a population of more than
75,000 but less than 250,000 shall submit an initial request to
participate to the federal government no later than July 1, 2027.
(c) A sheriff of a county with a population of 75,000 or less
shall submit an initial request to participate to the federal
government no later than July 1, 2028.
(d) Nothing in this section may be construed to prevent a
county sheriff from applying to participate to the federal
government at an earlier date or seek financial assistance under
Sec. 752.086.
Sec. 752.085. ATTORNEY GENERAL ENFORCEMENT. (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.
Sec. 752.086. FINANCIAL ASSISTANCE FOR SHERIFFS. (a) The
comptroller shall establish and administer a financial assistance
program to support the state purpose of assisting county sheriffs
participating in a federal delegation of authority program.
(b) The comptroller may only disperse funds appropriated
for the purpose of this section.
(c) Notwithstanding Subsection (b), the comptroller may
seek gifts, grants, donations, or federal funds to assist with
accomplishing this section.
(d) Funds under this section may only be used to:
(1) assist a county sheriff's department offset salary
costs for a licensed peace officer who:
(A) is authorized to participate in the federal
delegation of authority program by the sheriff; and
(B) is away from regular duty with the sheriff's
department to attend in-person training or other in-person business
required by the federal government associated with participation in
a delegation of authority program;
(2) reimburse the cost of acquiring or repairing any
equipment required by the federal government as a condition of
participation in a federal delegation of authority program that is
not otherwise provided by the federal government; or
(3) generate and deliver reports required by an
agreement with the federal government.
(e) Funds disbursed under Section (d) may not be used to:
(1) offset salary expenses of:
(A) more than 25 officers in a calendar year; or
(B) an officer who is not expressly authorized to
participate in a federal delegation of authority program; or
(2) reimburse the cost of acquiring or repairing any
equipment not expressly required, or otherwise provided, by the
federal government as a condition of participation in a federal
delegation of authority program.
(f) Funds disbursed under this section may only be used to
offset salary expenses covering the period beginning on the day
that an officer leaves to attend business described by Section
(d)(1) until the officer returns to normal duty.
(g) A county sheriff may not temporarily increase the salary
of an officer for the duration that the officer is away on business
described by Section (d)(1) solely for the purpose of increasing
assistance under this section.
(h) The comptroller 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 assistance and the manner of submitting
the form;
(2) deadlines for:
(A) applying for assistance;
(B) disbursement of funds; and
(C) usage of funds;
(3) procedures for:
(A) monitoring the disbursement of funds to
ensure compliance with this section; and
(B) the return of funds that were not used by a
county for a purpose authorized by this section; and
(4) reporting requirements to demonstrate compliance
with this subchapter.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.