Texas 2025 - 89th Regular

Texas Senate Bill SB8 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Schwertner, et al. S.B. No. 8
2		-
3		-
	1	+	By: Schwertner, Huffman, Kolkhorst S.B. No. 8
	2	+	(In the Senate - Filed March 5, 2025; March 6, 2025, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	March 24, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 0; March 24, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 8 By: Schwertner
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to agreements between sheriffs and the United States
9	14		Immigration and Customs Enforcement to enforce federal immigration
10	15		law.
11	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	17		SECTION 1. Chapter 752, Government Code, is amended by
13	18		adding Subchapter D to read as follows:
14	19		SUBCHAPTER D. IMMIGRATION LAW ENFORCEMENT AGREEMENTS BETWEEN
15	20		SHERIFFS AND FEDERAL GOVERNMENT
16	21		Sec. 752.081. DEFINITION. In this subchapter, "grant"
17	22		means a grant authorized to be awarded by the comptroller under the
18	23		grant program established by Section 752.083.
19	24		Sec. 752.082. IMMIGRATION ENFORCEMENT AGREEMENTS. (a) The
20	25		sheriff of each county with a population of 100,000 or more shall
21	26		request, and as offered, enter into a written agreement with the
22	27		United States Immigration and Customs Enforcement under Section
23	28		287(g), Immigration and Nationality Act (8 U.S.C. Section 1357(g)),
24	29		or an agreement under a similar federal program to authorize
25	30		officers and employees of the sheriff's department to enforce
26	31		federal immigration law.
27	32		(b) The sheriff of a county with a population of less than
28	33		100,000 may request, and as offered, enter into a written agreement
29	34		with the United States Immigration and Customs Enforcement under
30	35		Section 287(g), Immigration and Nationality Act (8 U.S.C. Section
31	36		1357(g)), or an agreement under a similar federal program to
32	37		authorize officers and employees of the sheriff's department to
33	38		enforce federal immigration law.
34	39		(c) An agreement entered into under this section must
35	40		include the scope, duration, and limitations of the authority to
36	41		enforce federal immigration law.
37	42		(d) A sheriff who enters into an agreement under this
38	43		section shall allocate the necessary resources, including
39	44		personnel and funding, to ensure the proper implementation of the
40	45		agreement, including the resources necessary to meet any reasonable
41	46		objectives for enforcement set forth in the agreement.
42	47		(e) The sheriff of a county with a population of 100,000 or
43	48		more who requested but was not offered a written agreement under
44	49		this section shall make additional requests to enter into a written
45	50		agreement under this section at least once annually after each
46	51		request is made.
47	52		Sec. 752.083. GRANT PROGRAM: ESTABLISHMENT AND
48	53		ADMINISTRATION. From any money appropriated or otherwise available
49	54		for this purpose, the comptroller shall establish and administer a
50	55		grant program to support the state purpose of assisting sheriffs
51	56		serving counties participating in agreements in which officers and
52	57		employees of the sheriffs' departments are authorized to enforce
53	58		federal immigration law.
54	59		Sec. 752.084. GRANT PROGRAM: APPLICATION FOR SHERIFFS OF
55		-	CERTAIN COUNTIES. (a) A sheriff is eligible to apply for a grant
56		-	under this subchapter if the sheriff serves a county that has a
57		-	population of less than one million and has entered into an
58		-	agreement under Section 752.082. The application must include
59		-	details of the sheriff's department's obligations under the
60		-	agreement and of the department's staffing resources dedicated to
61		-	implementing the agreement and the staffing resources necessary to
62		-	sustain the sheriff's department's participation in the agreement.
63		-	(b) The comptroller by rule may require an applicant to
64		-	submit additional information or documentation with respect to a
65		-	grant application submitted under this section.
	60	+	CERTAIN COUNTIES. A sheriff is eligible to apply for a grant under
	61	+	this subchapter if the sheriff serves a county that has a population
	62	+	of less than one million and has entered into an agreement under
	63	+	Section 752.082. The application must include details of the
	64	+	sheriff's department's obligations under the agreement and of the
	65	+	department's staffing resources dedicated to implementing the
	66	+	agreement and the staffing resources necessary to sustain the
	67	+	sheriff's department's participation in the agreement.
66	68		Sec. 752.085. GRANT PROGRAM: GRANT AWARD. (a) On approval
67		-	of an application submitted under Section 752.084 and using ~~money~~
68		-	~~appropriated~~ to the comptroller for this purpose, the ~~comptroller~~
69		-	shall award a grant to an eligible sheriff who applies ~~for the grant~~
70		-	as provided by Subsection (b).
	69	+	of an application submitted under Section 752.084 and using any
	70	+	money available to the comptroller for this purpose, the
	71	+	comptroller shall award a grant to an eligible sheriff who applies
	72	+	for the grant as provided by Subsection (b).
71	73		(b) The comptroller by rule shall prescribe a procedure for
72	74		awarding grants to each eligible sheriff who applies for a grant,
73		-	with grant money divided among the following population tiers in
74		-	accordance with the General Appropriations Act:
	75	+	with grant money divided among the following population tiers:
75	76		(1) 50,000 or less;
76	77		(2) at least 50,001 but not more than 99,999;
77	78		(3) at least 100,000 but not more than 499,999; and
78	79		(4) at least 500,000 but not more than one million.
79	80		(c) A sheriff who is awarded a grant under this section must
80	81		use the grant money to pay the costs associated with participating
81	82		in the agreement that is the subject of the grant that are not
82	83		reimbursed by the federal government. Grant money may only be spent
83	84		over a two-year period on:
84		-	(1) compensation for peace officers ~~and employees~~
85		-	~~performing duties~~ under the agreement;
	85	+	(1) compensation for peace officers performing duties
	86	+	under the agreement;
86	87		(2) generating and delivering reports required by the
87	88		agreement, including administrative duties required by this
88	89		subchapter;
89	90		(3) equipment and related services for peace officers
90	91		related to the agreement, including the cost of repairing or
91	92		replacing equipment required, but not provided, under the
92	93		agreement;
93	94		(4) attendance by a peace officer at any training or
94	95		other event required under the agreement; and
95	96		(5) other expenses associated with participating in
96	97		the agreement as determined by the comptroller.
97	98		Sec. 752.086. GRANT PROGRAM: COMPTROLLER POWERS AND
98	99		DUTIES. (a) The comptroller shall adopt rules necessary to
99	100		implement the grant program established by Section 752.083,
100	101		including rules that establish:
101	102		(1) a standardized application process, including the
102	103		form to be used to apply for a grant and the manner of submitting the
103	104		form;
104	105		(2) deadlines for:
105	106		(A) applying for the grant;
106	107		(B) submitting detailed documentation necessary
107	108		to demonstrate the sheriff's costs in participating in the
108	109		agreement that is the subject of the grant at least annually;
109	110		(C) distributing grant money; and
110	111		(D) spending grant money; and
111	112		(3) procedures for:
112	113		(A) monitoring the distribution of grant money to
113	114		ensure compliance with this subchapter; and
114	115		(B) returning grant money that was not used by a
115	116		sheriff for a purpose authorized by this subchapter.
116	117		(b) The comptroller may accept gifts, grants, and donations
117	118		to establish and administer the grant program under this
118	119		subchapter.
119	120		(c) The comptroller by rule shall adopt a procedure for
120	121		determining the period of the state fiscal year in which the
121	122		comptroller expects there to be money that remains unawarded under
122	123		the grant program and allowing a recipient of a grant awarded in
123	124		that fiscal year to request additional grant money not to exceed any
124	125		limit provided in the General Appropriations Act for the counties
125	126		in the tier described by Section 752.085 applicable to the
126	127		recipient.
127	128		Sec. 752.087. GRANT PROGRAM: EFFECT ON COUNTY
128	129		APPROPRIATIONS. In relation to money received from a grant awarded
129	130		to a sheriff under Section 752.085, the commissioners court of the
130	131		county the sheriff serves may not reduce the appropriation to the
131	132		sheriff's department in response to the sheriff receiving the
132	133		grant.
133	134		Sec. 752.088. REPORTING AND ACCOUNTABILITY. (a) A sheriff
134		-	who has entered into an agreement under Section 752.082 shall, not
135		-	later than the 60th day after the date the fiscal year of the county
136		-	served by the sheriff ends, submit a written report to the
137		-	comptroller and the attorney general. The report must provide
138		-	details on the sheriff's expenditures related to the agreement.
	135	+	who has entered into an agreement under Section 752.082 shall
	136	+	annually submit a written report to the comptroller and the
	137	+	attorney general. The report must provide details on the sheriff's
	138	+	expenditures related to the agreement.
139	139		(b) The sheriff of a county with a population of 100,000 or
140	140		more who has not entered into an agreement under Section 752.082
141	141		shall annually provide proof to the attorney general of the
142	142		sheriff's attempt to enter into the agreement.
143	143		(c) The Commission on Jail Standards shall annually submit
144	144		to the comptroller and attorney general a report on immigration
145	145		detainers reported by each county jail in compliance with Section
146	146		511.0101(a)(1)(M).
147		-	(d) Not later than April 1 of each year, the comptroller, in
148		-	collaboration with the attorney general, shall prepare a written
149		-	report on participation in agreements entered into under Section
150		-	752.082 and submit the report to the governor, lieutenant governor,
151		-	and speaker of the house of representatives. The report must
152		-	include:
	147	+	(d) The comptroller, in collaboration with the attorney
	148	+	general, shall prepare an annual written report on participation in
	149	+	agreements entered into under Section 752.082 and submit the report
	150	+	to the governor, lieutenant governor, and speaker of the house of
	151	+	representatives. The report must include:
153	152		(1) a summary of the sheriff reports submitted under
154	153		Subsection (a);
155	154		(2) details on the grant program established by
156	155		Section 752.083, including the number of sheriffs participating and
157	156		total amount of money distributed; and
158	157		(3) a summary of any enforcement actions taken by the
159	158		attorney general under Section 752.089.
160	159		Sec. 752.089. ENFORCEMENT BY ATTORNEY GENERAL. (a) The
161	160		attorney general may bring an action against a sheriff who fails to
162	161		comply with this subchapter in a district court for appropriate
163	162		equitable relief.
164	163		(b) The attorney general may recover reasonable expenses
165	164		incurred in obtaining relief under Subsection (a), including court
166	165		costs, reasonable attorney's fees, investigative costs, witness
167	166		fees, and deposition costs.
168		-	(c) An action brought against a sheriff under this section
169		-	must be brought in a district court for the county served by the
170		-	sheriff.
171	167		SECTION 2. Not later than December 1, 2026, the sheriff of
172	168		each county with a population of 100,000 or more shall comply with
173	169		Section 752.082(a), Government Code, as added by this Act.
174		-	SECTION 3. A grant awarded to a sheriff under Section
175		-	752.085, Government Code, as added by this Act, may cover any costs
176		-	associated with participating in an agreement described by Section
177		-	752.082, Government Code, as added by this Act, that were incurred
178		-	by the sheriff between September 30, 2025, and January 1, 2026.
179		-	SECTION 4. Except as otherwise provided by this Act, this
180		-	Act takes effect January 1, 2026.
	170	+	SECTION 3. This Act takes effect September 1, 2025.
	171	+	* * * * *