Texas 2025 - 89th Regular

Texas House Bill HB5580 Compare Versions

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

Old	New	Differences
1	1	89R12316 MP-D
2	2	By: Spiller H.B. No. 5580
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to agreements between sheriffs and the United States
10	10	Immigration and Customs Enforcement to enforce federal immigration
11	11	law.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 752, Government Code, is amended by
14	14	adding Subchapter D to read as follows:
15	15	SUBCHAPTER D. IMMIGRATION LAW ENFORCEMENT AGREEMENTS BETWEEN
16	16	SHERIFFS AND FEDERAL GOVERNMENT
17	17	Sec. 752.081. IMMIGRATION ENFORCEMENT AGREEMENTS. (a) The
18	18	sheriff of each county with a population of 100,000 or more shall
19	19	request, and as offered, enter into a written agreement with the
20	20	United States Immigration and Customs Enforcement under Section
21	21	287(g), Immigration and Nationality Act (8 U.S.C. Section 1357(g)),
22	22	or an agreement under a similar federal program to authorize
23	23	officers and employees of the sheriff's department to enforce
24	24	federal immigration law.
25	25	(b) The sheriff of a county with a population of less than
26	26	100,000 may request, and as offered, enter into a written agreement
27	27	with the United States Immigration and Customs Enforcement under
28	28	Section 287(g), Immigration and Nationality Act (8 U.S.C. Section
29	29	1357(g)), or an agreement under a similar federal program to
30	30	authorize officers and employees of the sheriff's department to
31	31	enforce federal immigration law.
32	32	(c) An agreement entered into under this section must
33	33	include the scope, duration, and limitations of the authority to
34	34	enforce federal immigration law.
35	35	(d) A sheriff who enters into an agreement under this
36	36	section shall allocate the necessary resources, including
37	37	personnel and funding, to ensure the proper implementation of the
38	38	agreement, including the resources necessary to meet any reasonable
39	39	objectives for enforcement set forth in the agreement.
40	40	(e) The sheriff of a county with a population of 100,000 or
41	41	more who requested but was not offered a written agreement under
42	42	this section shall make additional requests to enter into a written
43	43	agreement under this section at least once annually after each
44	44	request is made.
45	45	Sec. 752.082. GRANT PROGRAM FOR SHERIFFS OF CERTAIN
46	46	COUNTIES IMPLEMENTING IMMIGRATION ENFORCEMENT AGREEMENT. (a) In
47	47	this section, "grant" means a grant authorized to be awarded by the
48	48	comptroller under the grant program established by this section.
49	49	(b) From any money appropriated or otherwise available for
50	50	this purpose, the comptroller shall establish and administer a
51	51	competitive grant program to support the state purpose of assisting
52	52	sheriffs serving counties participating in agreements in which
53	53	officers and employees of the sheriffs' departments are authorized
54	54	to enforce federal immigration law.
55	55	(c) A sheriff is eligible to apply for a grant under this
56	56	section if the sheriff serves a county that has a population of less
57	57	than one million and has entered into an agreement under Section
58	58	752.081. The application must include a detailed plan on how the
59	59	sheriff intends to implement and sustain the sheriff's
60	60	participation in the agreement.
61	61	(d) On approval of an application submitted under
62	62	Subsection (c) and using any money available to the comptroller for
63	63	this purpose, the comptroller shall award a grant to an eligible
64	64	sheriff who applies for the grant. The comptroller shall award
65	65	grant money in a manner that fairly distributes the money among
66	66	sheriffs awarded grants under this section, and each award to a
67	67	sheriff must be proportional to the population of the county the
68	68	sheriff serves.
69	69	(e) A sheriff who is awarded a grant under this section must
70	70	use the grant money to pay the costs associated with participating
71	71	in the agreement that is the subject of the grant that are not
72	72	reimbursed by the federal government. Grant money may only be spent
73	73	over a two-year period on:
74	74	(1) compensation for peace officers participating in
75	75	the agreement;
76	76	(2) generating and delivering reports required by the
77	77	agreement, including reports required by this subchapter;
78	78	(3) equipment for peace officers related to the
79	79	agreement, including the cost of repairing or replacing equipment
80	80	required, but not provided, under the agreement;
81	81	(4) attendance by a peace officer at any training or
82	82	other event required under the agreement; and
83	83	(5) other expenses associated with participating in
84	84	the agreement as determined by the comptroller.
85	85	(f) The comptroller shall adopt rules necessary to
86	86	implement this section, including rules that establish:
87	87	(1) a standardized application process, including the
88	88	form to be used to apply for a grant and the manner of submitting the
89	89	form;
90	90	(2) deadlines for:
91	91	(A) applying for the grant;
92	92	(B) submitting detailed documentation necessary
93	93	to demonstrate the sheriff's costs in participating in the
94	94	agreement that is the subject of the grant at least once each
95	95	quarter;
96	96	(C) distributing grant money; and
97	97	(D) spending grant money; and
98	98	(3) procedures for:
99	99	(A) monitoring the distribution of grant money to
100	100	ensure compliance with this section; and
101	101	(B) returning grant money that was not used by a
102	102	sheriff for a purpose authorized by this section.
103	103	(g) The comptroller may accept gifts, grants, and donations
104	104	to establish and administer the grant program under this section.
105	105	(h) In relation to money received from a grant awarded to a
106	106	sheriff under this section, the commissioners court of the county
107	107	the sheriff serves may not reduce the appropriation to the
108	108	sheriff's department in response to the sheriff receiving the
109	109	grant.
110	110	Sec. 752.083. REPORTING AND ACCOUNTABILITY. (a) A sheriff
111	111	who has entered into an agreement under Section 752.081 shall
112	112	annually submit a written report to the comptroller and the
113	113	attorney general. The report must provide details on the sheriff's
114	114	activities, expenditures, and outcomes related to the agreement.
115	115	(b) The sheriff of a county with a population of 100,000 or
116	116	more who has not entered into an agreement under Section 752.081
117	117	shall annually provide proof to the attorney general of the
118	118	sheriff's attempt to enter into the agreement.
119	119	(c) The comptroller, in collaboration with the attorney
120	120	general, shall prepare an annual written report on participation in
121	121	agreements entered into under Section 752.081 and submit the report
122	122	to the governor, lieutenant governor, and speaker of the house of
123	123	representatives. The report must include:
124	124	(1) a summary of the sheriff reports submitted under
125	125	Subsection (a);
126	126	(2) details on the grant program established under
127	127	Section 752.082, including the number of sheriffs participating and
128	128	total amount of money distributed; and
129	129	(3) a summary of any enforcement actions taken by the
130	130	attorney general under Section 752.084.
131	131	Sec. 752.084. ENFORCEMENT BY ATTORNEY GENERAL. (a) The
132	132	attorney general may bring an action against a sheriff who fails to
133	133	comply with this subchapter in a district court for appropriate
134	134	equitable relief.
135	135	(b) The attorney general may recover reasonable expenses
136	136	incurred in obtaining relief under Subsection (a), including court
137	137	costs, reasonable attorney's fees, investigative costs, witness
138	138	fees, and deposition costs.
139	139	SECTION 2. Not later than December 1, 2026, the sheriff of
140	140	each county with a population of 100,000 or more shall comply with
141	141	Section 752.081(a), Government Code, as added by this Act.
142	142	SECTION 3. This Act takes effect September 1, 2025.