Senate Bill 8 | Effective: 1-1-26 |
Senate Author: Schwertner et al. | Senate Committee: State Affairs |
House Sponsor: Spiller et al. | House Committee: Intergovernmental Affairs |
Senate Bill 8 amends the Government Code to require the sheriff of each county that operates a jail or contracts with a private vendor to operate a jail to request and enter into an immigration law enforcement agreement with U.S. Immigration and Customs Enforcement under the federal Immigration and Nationality Act, or a similar federal program, that authorizes officers, employees, and, as applicable, contractors of the sheriff's department to enforce federal immigration law. A sheriff must comply with this requirement not later than December 1, 2026. The bill requires a sheriff who requested but did not enter into such a written agreement to make additional requests to enter into an agreement at least once annually after each request is made. The bill requires an agreement to include the scope, duration, and limitations of the authority to enforce federal immigration law and requires a sheriff who enters into such an agreement to allocate the necessary resources to ensure the proper implementation of the agreement.
Senate Bill 8 authorizes the attorney general to bring an action against a sheriff who fails to comply with the bill's provisions in a district court for appropriate equitable relief. The sheriff of a county that operates a jail or contracts with a private vendor to operate a jail who has not entered into an agreement under the bill's provisions must annually provide proof to the attorney general of the sheriff's attempt to enter into the agreement.
Senate Bill 8 requires the comptroller of public accounts to establish and administer a grant program to support the state purpose of assisting sheriffs participating in immigration law enforcement agreements under the bill's provisions. The comptroller must award a grant to a sheriff who has entered into an agreement and applies for the grant. The bill requires a sheriff who is awarded a grant to use the grant money to pay the costs associated with participating in the agreement that are not reimbursed by the federal government. The bill prohibits the commissioners court of the county the sheriff serves from reducing the appropriation to the sheriff's department in response to the sheriff receiving the grant.
Senate Bill 8 requires the comptroller to prepare and submit a biennial report on the sheriffs participating in agreements to the governor, lieutenant governor, and speaker of the house of representatives. The bill also requires the Commission on Jail Standards (TCJS) to annually submit to the comptroller a copy of the monthly jail population reports TCJS receives from each county jail.