By: Schwertner, Huffman, Kolkhorst S.B. No. 8
(In the Senate - Filed March 5, 2025; March 6, 2025, read
first time and referred to Committee on State Affairs;
March 24, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 24, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 8 By: Schwertner
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. DEFINITION. In this subchapter, "grant"
means a grant authorized to be awarded by the comptroller under the
grant program established by Section 752.083.
Sec. 752.082. 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. 752.083. GRANT PROGRAM: ESTABLISHMENT AND
ADMINISTRATION. From any money appropriated or otherwise available
for this purpose, the comptroller shall establish and administer a
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.
Sec. 752.084. GRANT PROGRAM: APPLICATION FOR SHERIFFS OF
CERTAIN COUNTIES. A sheriff is eligible to apply for a grant under
this subchapter if the sheriff serves a county that has a population
of less than one million and has entered into an agreement under
Section 752.082. The application must include details of the
sheriff's department's obligations under the agreement and of the
department's staffing resources dedicated to implementing the
agreement and the staffing resources necessary to sustain the
sheriff's department's participation in the agreement.
Sec. 752.085. GRANT PROGRAM: GRANT AWARD. (a) On approval
of an application submitted under Section 752.084 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 as provided by Subsection (b).
(b) The comptroller by rule shall prescribe a procedure for
awarding grants to each eligible sheriff who applies for a grant,
with grant money divided among the following population tiers:
(1) 50,000 or less;
(2) at least 50,001 but not more than 99,999;
(3) at least 100,000 but not more than 499,999; and
(4) at least 500,000 but not more than one million.
(c) 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 performing duties
under the agreement;
(2) generating and delivering reports required by the
agreement, including administrative duties required by this
subchapter;
(3) equipment and related services 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.
Sec. 752.086. GRANT PROGRAM: COMPTROLLER POWERS AND
DUTIES. (a) The comptroller shall adopt rules necessary to
implement the grant program established by Section 752.083,
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 annually;
(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 subchapter; and
(B) returning grant money that was not used by a
sheriff for a purpose authorized by this subchapter.
(b) The comptroller may accept gifts, grants, and donations
to establish and administer the grant program under this
subchapter.
(c) The comptroller by rule shall adopt a procedure for
determining the period of the state fiscal year in which the
comptroller expects there to be money that remains unawarded under
the grant program and allowing a recipient of a grant awarded in
that fiscal year to request additional grant money not to exceed any
limit provided in the General Appropriations Act for the counties
in the tier described by Section 752.085 applicable to the
recipient.
Sec. 752.087. GRANT PROGRAM: EFFECT ON COUNTY
APPROPRIATIONS. In relation to money received from a grant awarded
to a sheriff under Section 752.085, 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. 752.088. REPORTING AND ACCOUNTABILITY. (a) A sheriff
who has entered into an agreement under Section 752.082 shall
annually submit a written report to the comptroller and the
attorney general. The report must provide details on the sheriff's
expenditures 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 752.082
shall annually provide proof to the attorney general of the
sheriff's attempt to enter into the agreement.
(c) The Commission on Jail Standards shall annually submit
to the comptroller and attorney general a report on immigration
detainers reported by each county jail in compliance with Section
511.0101(a)(1)(M).
(d) The comptroller, in collaboration with the attorney
general, shall prepare an annual written report on participation in
agreements entered into under Section 752.082 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 by
Section 752.083, 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 752.089.
Sec. 752.089. 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 752.082(a), Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2025.
* * * * *