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A BILL TO BE ENTITLED
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AN ACT
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relating to agreements between counties and United States |
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Immigration and Customs Enforcement to enforce federal immigration |
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law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 351, Local Government |
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Code, is amended by adding Section 351.905 to read as follows: |
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Sec. 351.905. IMMIGRATION LAW ENFORCEMENT AGREEMENTS; |
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INJUNCTION; DENIAL OF STATE GRANT FUNDS. (a) The commissioners |
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court of each county shall request and, as offered, enter into a |
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written agreement with United States Immigration and Customs |
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Enforcement under Section 287(g), Immigration and Nationality Act |
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(8 U.S.C. Section 1357(g)), to authorize officers and employees of |
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the county to enforce federal immigration law. |
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(b) An agreement entered into under this section must |
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include the scope, duration, and limitations of the authority. |
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(c) The attorney general may bring an action against a |
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county that fails to comply with Subsection (a) in a district court |
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in Travis County for appropriate injunctive relief. |
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(d) The attorney general may recover reasonable expenses |
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incurred in obtaining relief under Subsection (c), including court |
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costs, reasonable attorney's fees, investigative costs, witness |
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fees, and deposition costs. |
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(e) A county may not receive state grant funds, and state |
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grant funds for the county shall be denied, for the state fiscal |
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year following the year in which a final judicial determination in |
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an action brought under Subsection (c) is made that the county has |
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failed to comply with Subsection (a). |
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(f) The comptroller shall adopt rules to implement |
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Subsection (e) uniformly among the state agencies from which state |
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grant funds are distributed to a county. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the commissioners court of each county shall comply |
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with Section 351.905, Local Government Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |