S.B. No. 8

AN ACT

relating to agreements between certain sheriffs and the United States Immigration and Customs Enforcement to enforce federal immigration law and a grant program to cover the costs of implementing those agreements.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 7, Government Code, is amended by adding Chapter 753 to read as follows:

CHAPTER 753. IMMIGRATION LAW ENFORCEMENT AGREEMENTS BETWEEN

CERTAIN SHERIFFS AND FEDERAL GOVERNMENT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 753.001. DEFINITIONS. In this chapter:

(1) "Immigration enforcement agency" means the United States Immigration and Customs Enforcement.

(2) "Immigration law enforcement agreement" means a written agreement between a state or local law enforcement official and the immigration enforcement agency under Section 287(g), Immigration and Nationality Act (8 U.S.C. Section 1357(g)), or a similar federal program, that authorizes the official and the official's officers, employees, and contractors to enforce federal immigration law.

(3) "Grant" means a grant under the grant program established under Subchapter C.

Sec. 753.002. GIFTS, GRANTS, AND DONATIONS. (a) The comptroller may accept gifts, grants, and donations to establish and administer the grant program established under Subchapter C.

(b) The comptroller shall make publicly available on the comptroller's Internet website the source of any gifts, grants, and donations that were given to the comptroller specifically for the implementation of the grant program established under Subchapter C.

SUBCHAPTER B. IMMIGRATION LAW ENFORCEMENT AGREEMENTS REQUIRED

Sec. 753.051. IMMIGRATION LAW ENFORCEMENT AGREEMENTS. (a) The sheriff of each county that operates a jail or contracts with a private vendor to operate a jail shall request and enter into an immigration law enforcement agreement to authorize the sheriff and officers, employees, and, as applicable, contractors of the sheriff's department to enforce federal immigration law.

(b) A sheriff who requested but did not enter into an immigration law enforcement agreement under this section shall make additional requests to enter into an agreement under this section at least once annually after each request is made.

Sec. 753.052. IMMIGRATION LAW ENFORCEMENT AGREEMENT REQUIREMENTS. An agreement entered into under Section 753.051 must include the scope, duration, and limitations of the authority to enforce federal immigration law.

Sec. 753.053. ALLOCATION OF RESOURCES. A sheriff who enters into an agreement under Section 753.051 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.

SUBCHAPTER C. GRANT PROGRAM

Sec. 753.101. 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 participating in immigration law enforcement agreements under Section 753.051.

Sec. 753.102. ELIGIBILITY AND APPLICATION. (a) A sheriff is eligible to apply for a grant under this subchapter if the sheriff has entered into an immigration law enforcement agreement under Section 753.051.

(b) The comptroller by rule may require an applicant to submit information or documentation with respect to a grant application submitted under this section.

Sec. 753.103. AWARD; LIMITATIONS ON USE. (a) On approval of an application submitted under Section 753.102 and using money appropriated to the comptroller or otherwise available 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 amount of grant money awarded to a sheriff must be determined based on the population of the county the sheriff serves according to the following tiers:

(1) $80,000 for a county with a population of 99,999 or less;

(2) $100,000 for a county with a population of at least 100,000 but not more than 499,999;

(3) $120,000 for a county with a population of at least 500,000 but not more than 999,999; and

(4) $140,000 for a county with a population of at least 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 be spent over a two-year period only on the following:

(1) compensation for persons 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 and other persons related to the agreement, including the cost of repairing or replacing equipment required, but not provided, under the agreement;

(4) attendance by a person at any training or other event required under the agreement;

(5) costs to the county for confining inmates under the authority granted under the agreement; and

(6) other expenses associated with participating in the agreement as determined by the comptroller.

Sec. 753.104. COMPTROLLER POWERS AND DUTIES. The comptroller shall adopt rules necessary to implement the grant program established under this subchapter, 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.

Sec. 753.105. EFFECT ON COUNTY APPROPRIATIONS. In relation to money received from a grant awarded to a sheriff under this subchapter, 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.

SUBCHAPTER D. REPORTING AND ENFORCEMENT

Sec. 753.151. REPORTING AND ACCOUNTABILITY. Not later than April 1 of each even-numbered year, the comptroller shall prepare a written report on sheriffs participating in immigration law enforcement agreements under Section 753.051 using information provided to the comptroller under Subchapter C and Section 753.152 and submit the report to the governor, lieutenant governor, and speaker of the house of representatives. The report must include:

(1) details on the grant program established under Subchapter C, including the number of sheriffs participating and total amount of money distributed; and

(2) a summary of any enforcement actions taken by the attorney general under Section 753.154.

Sec. 753.152. COMMISSION ON JAIL STANDARDS REPORT. The Commission on Jail Standards shall annually submit to the comptroller a copy of the reports received under Section 511.0101.

Sec. 753.153. SHERIFF REPORT ON ATTEMPT TO ENTER INTO AGREEMENT. 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 Section 753.051 shall annually provide proof to the attorney general of the sheriff's attempt to enter into the agreement.

Sec. 753.154. ENFORCEMENT BY ATTORNEY GENERAL. (a) The attorney general may bring an action against a sheriff who fails to comply with this chapter 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.

(c) An action brought against a sheriff under this section must be brought in a district court for the county served by the sheriff.

SECTION 2. Not later than December 1, 2026, the sheriff of each county shall comply with Section 753.051(a), Government Code, as added by this Act.

SECTION 3. A grant awarded to a sheriff under Subchapter C, Chapter 753, Government Code, as added by this Act, may cover any costs associated with participating in an agreement described by Section 753.051, Government Code, as added by this Act, that were incurred by the sheriff between September 30, 2025, and January 1, 2026.

SECTION 4. Except as otherwise provided by this Act, this Act takes effect January 1, 2026.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 8 passed the Senate on April 1, 2025, by the following vote: Yeas 20, Nays 11; May 28, 2025, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 29, 2025, House granted request of the Senate; May 31, 2025, Senate adopted Conference Committee Report by the following vote: Yeas 20, Nays 11.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 8 passed the House, with amendments, on May 25, 2025, by the following vote: Yeas 86, Nays 47, one present not voting; May 29, 2025, House granted request of the Senate for appointment of Conference Committee; June 1, 2025, House adopted Conference Committee Report by the following vote: Yeas 89, Nays 52, one present not voting.

______________________________ Chief Clerk of the House

Approved:

______________________________

Date

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Governor