89R6011 MP-D
By: Schwertner S.B. No. 658
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 250,000 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
250,000 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 250,000 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 SMALL COUNTIES
IMPLEMENTING IMMIGRATION ENFORCEMENT AGREEMENT. (a) In this
section, "grant" means a grant authorized to be awarded by the
attorney general under the grant program established by this
section.
(b) Only if appropriated money for this purpose, the
attorney general shall establish and administer a competitive grant
program to support the state purpose of ensuring the security of
this state's borders by awarding grants to reimburse eligible
sheriffs the costs of participating in agreements entered into
under Section 752.081.
(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 250,000 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 money appropriated to the attorney general
for this purpose, the attorney general shall award a grant to an
eligible sheriff who applies for the grant.
(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) stipends for employees participating in the
agreement;
(2) generating and delivering reports required by the
agreement, including reports required by this subchapter;
(3) equipment related to the agreement purchased for a
county jail; and
(4) other expenses associated with participating in
the agreement as determined by the attorney general.
(f) The attorney general 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.
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 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 250,000 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 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 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 in Travis County 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 250,000 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.