By: Louderback H.B. No. 2257

A BILL TO BE ENTITLED

AN ACT

relating to required agreements between county sheriffs and the United States 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. REQUIRED PARTICIPATION IN CERTAIN FEDERAL IMMIGRATION PROGRAMS

Sec. 752.081. DEFINITIONS. In this subchapter:

(1) "Federal delegation of authority program" means the program established by Section 287(g) of the Immigration and Nationality Act (8 U.S.C. Section 1357(g)), or similar successor program delegating certain federal immigration enforcement power to local law enforcement.

(2) "Federal government" means the United States Department of Homeland Security, or any other federal agency authorized to implement the provisions of the federal delegation of authority program described by this subchapter.

(3) "Jail enforcement model" means an agreement with the federal government under 8 U.S.C. Section 1357(g), delegating certain responsibilities to process removable noncitizens who are arrested and detained by state or local law enforcement agencies in cooperation with the federal government.

(4) "Warrant service officer model" means an agreement under 8. U.S.C. Section 1357(g) authorizing local law enforcement officers, designated and trained by the federal government, to serve federal administrative immigration warrants and execute arrests on behalf of the federal government.

Sec. 752.082. REQUIRED PARTICIPATION. (a) Each county sheriff shall apply for participation in the federal delegation of authority program described by this subchapter and, as offered, shall continue participation in the program. A county sheriff shall submit a request to participate to the federal government and work in good faith to meet all requirements necessary for participation in the program.

(b) Notwithstanding Sec. 752.083, A county sheriff shall seek participation in the jail enforcement model described by this subchapter.

(c) This subchapter does not a prohibit a sheriff from requesting to operate multiple models or execute multiple agreements as offered by the federal government for the purpose of executing certain delegated immigration enforcement authority, subject to federal rules.

(d) Successive elected sheriffs may not end participation in the program if their predecessor has signed an agreement with the federal government. If a sheriff's vacated predecessor has not concluded the process necessary for participation, the matter shall be treated as unfinished business under Sec. 85.023, Local Government Code.

(e) A sheriff who requested but was not offered participation under this section shall make additional requests to participate under this section at least once annually after each request is made. A sheriff making a request under this section shall make a good faith effort to correct any deficiencies cited by the federal government as cause for a denial to participate.

Sec. 752.083. REQUIRED ENFORCEMENT MODELS IN CERTAIN COUNTIES. (a) A sheriff of a county with a population of 75,000 or less shall apply to participate in either the warrant service officer model or jail enforcement model described by Sec. 752.081.

(b) A sheriff to whom this section applies may choose to seek participation through a different model described by Sec. 752.081 at their discretion, subject to federal rules.

Sec. 752.084. DEADLINES. (a) A sheriff of a county with a population of 250,000 or more shall submit an initial request to participate to the federal government no later than July 1, 2026.

(b) A sheriff of a county with a population of more than 75,000 but less than 250,000 shall submit an initial request to participate to the federal government no later than July 1, 2027.

(c) A sheriff of a county with a population of 75,000 or less shall submit an initial request to participate to the federal government no later than July 1, 2028.

(d) Nothing in this section may be construed to prevent a county sheriff from applying to participate to the federal government at an earlier date or seek financial assistance under Sec. 752.086.

Sec. 752.085. ATTORNEY GENERAL ENFORCEMENT. (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.

Sec. 752.086. FINANCIAL ASSISTANCE FOR SHERIFFS. (a) The comptroller shall establish and administer a financial assistance program to support the state purpose of assisting county sheriffs participating in a federal delegation of authority program.

(b) The comptroller may only disperse funds appropriated for the purpose of this section.

(c) Notwithstanding Subsection (b), the comptroller may seek gifts, grants, donations, or federal funds to assist with accomplishing this section.

(d) Funds under this section may only be used to:

(1) assist a county sheriff's department offset salary costs for a licensed peace officer who:

(A) is authorized to participate in the federal delegation of authority program by the sheriff; and

(B) is away from regular duty with the sheriff's department to attend in-person training or other in-person business required by the federal government associated with participation in a delegation of authority program;

(2) reimburse the cost of acquiring or repairing any equipment required by the federal government as a condition of participation in a federal delegation of authority program that is not otherwise provided by the federal government; or

(3) generate and deliver reports required by an agreement with the federal government.

(e) Funds disbursed under Section (d) may not be used to:

(1) offset salary expenses of:

(A) more than 25 officers in a calendar year; or

(B) an officer who is not expressly authorized to participate in a federal delegation of authority program; or

(2) reimburse the cost of acquiring or repairing any equipment not expressly required, or otherwise provided, by the federal government as a condition of participation in a federal delegation of authority program.

(f) Funds disbursed under this section may only be used to offset salary expenses covering the period beginning on the day that an officer leaves to attend business described by Section (d)(1) until the officer returns to normal duty.

(g) A county sheriff may not temporarily increase the salary of an officer for the duration that the officer is away on business described by Section (d)(1) solely for the purpose of increasing assistance under this section.

(h) The comptroller 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 assistance and the manner of submitting the form;

(2) deadlines for:

(A) applying for assistance;

(B) disbursement of funds; and

(C) usage of funds;

(3) procedures for:

(A) monitoring the disbursement of funds to ensure compliance with this section; and

(B) the return of funds that were not used by a county for a purpose authorized by this section; and

(4) reporting requirements to demonstrate compliance with this subchapter.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.