Texas 2025 - 89th Regular

Texas House Bill HB2257 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Louderback H.B. No. 2257
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to required agreements between county sheriffs and the
9	9	United States to enforce federal immigration law.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 752, Government Code, is amended by
12	12	adding Subchapter D to read as follows:
13	13	SUBCHAPTER D. REQUIRED PARTICIPATION IN CERTAIN FEDERAL
14	14	IMMIGRATION PROGRAMS
15	15	Sec. 752.081. DEFINITIONS. In this subchapter:
16	16	(1) "Federal delegation of authority program" means the
17	17	program established by Section 287(g) of the Immigration and
18	18	Nationality Act (8 U.S.C. Section 1357(g)), or similar successor
19	19	program delegating certain federal immigration enforcement power
20	20	to local law enforcement.
21	21	(2) "Federal government" means the United States Department
22	22	of Homeland Security, or any other federal agency authorized to
23	23	implement the provisions of the federal delegation of authority
24	24	program described by this subchapter.
25	25	(3) "Jail enforcement model" means an agreement with the
26	26	federal government under 8 U.S.C. Section 1357(g), delegating
27	27	certain responsibilities to process removable noncitizens who are
28	28	arrested and detained by state or local law enforcement agencies in
29	29	cooperation with the federal government.
30	30	(4) "Warrant service officer model" means an agreement
31	31	under 8. U.S.C. Section 1357(g) authorizing local law enforcement
32	32	officers, designated and trained by the federal government, to
33	33	serve federal administrative immigration warrants and execute
34	34	arrests on behalf of the federal government.
35	35	Sec. 752.082. REQUIRED PARTICIPATION. (a) Each county
36	36	sheriff shall apply for participation in the federal delegation of
37	37	authority program described by this subchapter and, as offered,
38	38	shall continue participation in the program. A county sheriff
39	39	shall submit a request to participate to the federal government and
40	40	work in good faith to meet all requirements necessary for
41	41	participation in the program.
42	42	(b) Notwithstanding Sec. 752.083, A county sheriff shall
43	43	seek participation in the jail enforcement model described by this
44	44	subchapter.
45	45	(c) This subchapter does not a prohibit a sheriff from
46	46	requesting to operate multiple models or execute multiple
47	47	agreements as offered by the federal government for the purpose of
48	48	executing certain delegated immigration enforcement authority,
49	49	subject to federal rules.
50	50	(d) Successive elected sheriffs may not end participation
51	51	in the program if their predecessor has signed an agreement with the
52	52	federal government. If a sheriff's vacated predecessor has not
53	53	concluded the process necessary for participation, the matter shall
54	54	be treated as unfinished business under Sec. 85.023, Local
55	55	Government Code.
56	56	(e) A sheriff who requested but was not offered
57	57	participation under this section shall make additional requests to
58	58	participate under this section at least once annually after each
59	59	request is made. A sheriff making a request under this section
60	60	shall make a good faith effort to correct any deficiencies cited by
61	61	the federal government as cause for a denial to participate.
62	62	Sec. 752.083. REQUIRED ENFORCEMENT MODELS IN CERTAIN
63	63	COUNTIES. (a) A sheriff of a county with a population of 75,000 or
64	64	less shall apply to participate in either the warrant service
65	65	officer model or jail enforcement model described by Sec. 752.081.
66	66	(b) A sheriff to whom this section applies may choose to
67	67	seek participation through a different model described by Sec.
68	68	752.081 at their discretion, subject to federal rules.
69	69	Sec. 752.084. DEADLINES. (a) A sheriff of a county with a
70	70	population of 250,000 or more shall submit an initial request to
71	71	participate to the federal government no later than July 1, 2026.
72	72	(b) A sheriff of a county with a population of more than
73	73	75,000 but less than 250,000 shall submit an initial request to
74	74	participate to the federal government no later than July 1, 2027.
75	75	(c) A sheriff of a county with a population of 75,000 or less
76	76	shall submit an initial request to participate to the federal
77	77	government no later than July 1, 2028.
78	78	(d) Nothing in this section may be construed to prevent a
79	79	county sheriff from applying to participate to the federal
80	80	government at an earlier date or seek financial assistance under
81	81	Sec. 752.086.
82	82	Sec. 752.085. ATTORNEY GENERAL ENFORCEMENT. (a) The
83	83	attorney general may bring an action against a sheriff who fails to
84	84	comply with this subchapter in a district court in Travis County for
85	85	appropriate equitable relief.
86	86	(b) The attorney general may recover reasonable expenses
87	87	incurred in obtaining relief under Subsection (a), including court
88	88	costs, reasonable attorney's fees, investigative costs, witness
89	89	fees, and deposition costs.
90	90	Sec. 752.086. FINANCIAL ASSISTANCE FOR SHERIFFS. (a) The
91	91	comptroller shall establish and administer a financial assistance
92	92	program to support the state purpose of assisting county sheriffs
93	93	participating in a federal delegation of authority program.
94	94	(b) The comptroller may only disperse funds appropriated
95	95	for the purpose of this section.
96	96	(c) Notwithstanding Subsection (b), the comptroller may
97	97	seek gifts, grants, donations, or federal funds to assist with
98	98	accomplishing this section.
99	99	(d) Funds under this section may only be used to:
100	100	(1) assist a county sheriff's department offset salary
101	101	costs for a licensed peace officer who:
102	102	(A) is authorized to participate in the federal
103	103	delegation of authority program by the sheriff; and
104	104	(B) is away from regular duty with the sheriff's
105	105	department to attend in-person training or other in-person business
106	106	required by the federal government associated with participation in
107	107	a delegation of authority program;
108	108	(2) reimburse the cost of acquiring or repairing any
109	109	equipment required by the federal government as a condition of
110	110	participation in a federal delegation of authority program that is
111	111	not otherwise provided by the federal government; or
112	112	(3) generate and deliver reports required by an
113	113	agreement with the federal government.
114	114	(e) Funds disbursed under Section (d) may not be used to:
115	115	(1) offset salary expenses of:
116	116	(A) more than 25 officers in a calendar year; or
117	117	(B) an officer who is not expressly authorized to
118	118	participate in a federal delegation of authority program; or
119	119	(2) reimburse the cost of acquiring or repairing any
120	120	equipment not expressly required, or otherwise provided, by the
121	121	federal government as a condition of participation in a federal
122	122	delegation of authority program.
123	123	(f) Funds disbursed under this section may only be used to
124	124	offset salary expenses covering the period beginning on the day
125	125	that an officer leaves to attend business described by Section
126	126	(d)(1) until the officer returns to normal duty.
127	127	(g) A county sheriff may not temporarily increase the salary
128	128	of an officer for the duration that the officer is away on business
129	129	described by Section (d)(1) solely for the purpose of increasing
130	130	assistance under this section.
131	131	(h) The comptroller shall adopt rules necessary to
132	132	implement this section, including rules that establish:
133	133	(1) a standardized application process, including the
134	134	form to be used to apply for assistance and the manner of submitting
135	135	the form;
136	136	(2) deadlines for:
137	137	(A) applying for assistance;
138	138	(B) disbursement of funds; and
139	139	(C) usage of funds;
140	140	(3) procedures for:
141	141	(A) monitoring the disbursement of funds to
142	142	ensure compliance with this section; and
143	143	(B) the return of funds that were not used by a
144	144	county for a purpose authorized by this section; and
145	145	(4) reporting requirements to demonstrate compliance
146	146	with this subchapter.
147	147	SECTION 2. This Act takes effect immediately if it receives
148	148	a vote of two-thirds of all the members elected to each house, as
149	149	provided by Section 39, Article III, Texas Constitution. If this
150	150	Act does not receive the vote necessary for immediate effect, this
151	151	Act takes effect September 1, 2025.