89R2445 MP-D
By: Kerwin H.B. No. 2390
A BILL TO BE ENTITLED
AN ACT
relating to agreements between municipalities and counties and
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 370, Local Government Code, is amended
by adding Section 370.010 to read as follows:
Sec. 370.010. IMMIGRATION LAW ENFORCEMENT AGREEMENTS;
INJUNCTION; DENIAL OF STATE GRANT FUNDS. (a) The governing body of
each municipality and the commissioners court of each county shall
request and, as offered, enter into a written agreement with United
States Immigration and Customs Enforcement under Section 287(g),
Immigration and Nationality Act (8 U.S.C. Section 1357), to
authorize officers and employees of the municipality or county to
enforce federal immigration law.
(b) An agreement entered into under this section must
include the scope, duration, and limitations of the authority.
(c) The attorney general may bring an action against a
municipality or county that fails to comply with Subsection (a) in a
district court in Travis County for appropriate injunctive relief.
(d) The attorney general may recover reasonable expenses
incurred in obtaining relief under Subsection (c), including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition costs.
(e) A municipality or county may not receive state grant
funds, and state grant funds for the municipality or county shall be
denied, for the state fiscal year following the year in which a
final judicial determination in an action brought under Subsection
(c) is made that the municipality or county has failed to comply
with Subsection (a).
(f) The comptroller shall adopt rules to implement
Subsection (e) uniformly among the state agencies from which state
grant funds are distributed to a municipality or county.
SECTION 2. As soon as practicable after the effective date
of this Act, the governing body of each municipality and the
commissioners court of each county shall comply with Section
370.010, Local Government Code, as added by this Act.
SECTION 3. 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.