Texas 2025 - 89th Regular

Texas Senate Bill SB658 Compare Versions

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

Old	New	Differences
1	1	89R6011 MP-D
2	2	By: Schwertner S.B. No. 658
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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 250,000 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	250,000 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 250,000 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 SMALL COUNTIES
46	46	IMPLEMENTING IMMIGRATION ENFORCEMENT AGREEMENT. (a) In this
47	47	section, "grant" means a grant authorized to be awarded by the
48	48	attorney general under the grant program established by this
49	49	section.
50	50	(b) Only if appropriated money for this purpose, the
51	51	attorney general shall establish and administer a competitive grant
52	52	program to support the state purpose of ensuring the security of
53	53	this state's borders by awarding grants to reimburse eligible
54	54	sheriffs the costs of participating in agreements entered into
55	55	under Section 752.081.
56	56	(c) A sheriff is eligible to apply for a grant under this
57	57	section if the sheriff serves a county that has a population of less
58	58	than 250,000 and has entered into an agreement under Section
59	59	752.081. The application must include a detailed plan on how the
60	60	sheriff intends to implement and sustain the sheriff's
61	61	participation in the agreement.
62	62	(d) On approval of an application submitted under
63	63	Subsection (c) and using money appropriated to the attorney general
64	64	for this purpose, the attorney general shall award a grant to an
65	65	eligible sheriff who applies for the grant.
66	66	(e) A sheriff who is awarded a grant under this section must
67	67	use the grant money to pay the costs associated with participating
68	68	in the agreement that is the subject of the grant that are not
69	69	reimbursed by the federal government. Grant money may only be spent
70	70	over a two-year period on:
71	71	(1) stipends for employees participating in the
72	72	agreement;
73	73	(2) generating and delivering reports required by the
74	74	agreement, including reports required by this subchapter;
75	75	(3) equipment related to the agreement purchased for a
76	76	county jail; and
77	77	(4) other expenses associated with participating in
78	78	the agreement as determined by the attorney general.
79	79	(f) The attorney general shall adopt rules necessary to
80	80	implement this section, including rules that establish:
81	81	(1) a standardized application process, including the
82	82	form to be used to apply for a grant and the manner of submitting the
83	83	form;
84	84	(2) deadlines for:
85	85	(A) applying for the grant;
86	86	(B) submitting detailed documentation necessary
87	87	to demonstrate the sheriff's costs in participating in the
88	88	agreement that is the subject of the grant at least once each
89	89	quarter;
90	90	(C) distributing grant money; and
91	91	(D) spending grant money; and
92	92	(3) procedures for:
93	93	(A) monitoring the distribution of grant money to
94	94	ensure compliance with this section; and
95	95	(B) returning grant money that was not used by a
96	96	sheriff for a purpose authorized by this section.
97	97	Sec. 752.083. REPORTING AND ACCOUNTABILITY. (a) A sheriff
98	98	who has entered into an agreement under Section 752.081 shall
99	99	annually submit a written report to the attorney general. The
100	100	report must provide details on the sheriff's activities,
101	101	expenditures, and outcomes related to the agreement.
102	102	(b) The sheriff of a county with a population of 250,000 or
103	103	more who has not entered into an agreement under Section 752.081
104	104	shall annually provide proof to the attorney general of the
105	105	sheriff's attempt to enter into the agreement.
106	106	(c) The attorney general shall prepare an annual written
107	107	report on participation in agreements entered into under Section
108	108	752.081 and submit the report to the governor, lieutenant governor,
109	109	and speaker of the house of representatives. The report must
110	110	include:
111	111	(1) a summary of the sheriff reports submitted under
112	112	Subsection (a);
113	113	(2) details on the grant program established under
114	114	Section 752.082, including the number of sheriffs participating and
115	115	total amount of money distributed; and
116	116	(3) a summary of any enforcement actions taken under
117	117	Section 752.084.
118	118	Sec. 752.084. ENFORCEMENT BY ATTORNEY GENERAL. (a) The
119	119	attorney general may bring an action against a sheriff who fails to
120	120	comply with this subchapter in a district court in Travis County for
121	121	appropriate equitable relief.
122	122	(b) The attorney general may recover reasonable expenses
123	123	incurred in obtaining relief under Subsection (a), including court
124	124	costs, reasonable attorney's fees, investigative costs, witness
125	125	fees, and deposition costs.
126	126	SECTION 2. Not later than December 1, 2026, the sheriff of
127	127	each county with a population of 250,000 or more shall comply with
128	128	Section 752.081(a), Government Code, as added by this Act.
129	129	SECTION 3. This Act takes effect September 1, 2025.