89R12316 MP-D
By: Spiller H.B. No. 5580
A BILL TO BE ENTITLED
AN ACT
relating to agreements between sheriffs and the 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 752, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. IMMIGRATION LAW ENFORCEMENT AGREEMENTS BETWEEN
SHERIFFS AND FEDERAL GOVERNMENT
Sec. 752.081. IMMIGRATION ENFORCEMENT AGREEMENTS. (a) The
sheriff of each county with a population of 100,000 or more shall
request, and as offered, enter into a written agreement with the
United States Immigration and Customs Enforcement under Section
287(g), Immigration and Nationality Act (8 U.S.C. Section 1357(g)),
or an agreement under a similar federal program to authorize
officers and employees of the sheriff's department to enforce
federal immigration law.
(b) The sheriff of a county with a population of less than
100,000 may request, and as offered, enter into a written agreement
with the United States Immigration and Customs Enforcement under
Section 287(g), Immigration and Nationality Act (8 U.S.C. Section
1357(g)), or an agreement under a similar federal program to
authorize officers and employees of the sheriff's department to
enforce federal immigration law.
(c) An agreement entered into under this section must
include the scope, duration, and limitations of the authority to
enforce federal immigration law.
(d) A sheriff who enters into an agreement under this
section 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.
(e) The sheriff of a county with a population of 100,000 or
more who requested but was not offered a written agreement under
this section shall make additional requests to enter into a written
agreement under this section at least once annually after each
request is made.
Sec. 752.082. GRANT PROGRAM FOR SHERIFFS OF CERTAIN
COUNTIES IMPLEMENTING IMMIGRATION ENFORCEMENT AGREEMENT. (a) In
this section, "grant" means a grant authorized to be awarded by the
comptroller under the grant program established by this section.
(b) From any money appropriated or otherwise available for
this purpose, the comptroller shall establish and administer a
competitive grant program to support the state purpose of assisting
sheriffs serving counties participating in agreements in which
officers and employees of the sheriffs' departments are authorized
to enforce federal immigration law.
(c) A sheriff is eligible to apply for a grant under this
section if the sheriff serves a county that has a population of less
than one million and has entered into an agreement under Section
752.081. The application must include a detailed plan on how the
sheriff intends to implement and sustain the sheriff's
participation in the agreement.
(d) On approval of an application submitted under
Subsection (c) and using any money available to the comptroller for
this purpose, the comptroller shall award a grant to an eligible
sheriff who applies for the grant. The comptroller shall award
grant money in a manner that fairly distributes the money among
sheriffs awarded grants under this section, and each award to a
sheriff must be proportional to the population of the county the
sheriff serves.
(e) 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 only be spent
over a two-year period on:
(1) compensation for peace officers participating in
the agreement;
(2) generating and delivering reports required by the
agreement, including reports required by this subchapter;
(3) equipment for peace officers related to the
agreement, including the cost of repairing or replacing equipment
required, but not provided, under the agreement;
(4) attendance by a peace officer at any training or
other event required under the agreement; and
(5) other expenses associated with participating in
the agreement as determined by the comptroller.
(f) 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 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 once each
quarter;
(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 section; and
(B) returning grant money that was not used by a
sheriff for a purpose authorized by this section.
(g) The comptroller may accept gifts, grants, and donations
to establish and administer the grant program under this section.
(h) In relation to money received from a grant awarded to a
sheriff under this section, 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.
Sec. 752.083. REPORTING AND ACCOUNTABILITY. (a) A sheriff
who has entered into an agreement under Section 752.081 shall
annually submit a written report to the comptroller and the
attorney general. The report must provide details on the sheriff's
activities, expenditures, and outcomes related to the agreement.
(b) The sheriff of a county with a population of 100,000 or
more who has not entered into an agreement under Section 752.081
shall annually provide proof to the attorney general of the
sheriff's attempt to enter into the agreement.
(c) The comptroller, in collaboration with the attorney
general, shall prepare an annual written report on participation in
agreements entered into under Section 752.081 and submit the report
to the governor, lieutenant governor, and speaker of the house of
representatives. The report must include:
(1) a summary of the sheriff reports submitted under
Subsection (a);
(2) details on the grant program established under
Section 752.082, including the number of sheriffs participating and
total amount of money distributed; and
(3) a summary of any enforcement actions taken by the
attorney general under Section 752.084.
Sec. 752.084. ENFORCEMENT BY ATTORNEY GENERAL. (a) The
attorney general may bring an action against a sheriff who fails to
comply with this subchapter 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.
SECTION 2. Not later than December 1, 2026, the sheriff of
each county with a population of 100,000 or more shall comply with
Section 752.081(a), Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2025.