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A BILL TO BE ENTITLED
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AN ACT
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relating to agreements between sheriffs and the 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. Chapter 752, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. IMMIGRATION LAW ENFORCEMENT AGREEMENTS BETWEEN |
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SHERIFFS AND FEDERAL GOVERNMENT |
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Sec. 752.081. IMMIGRATION ENFORCEMENT AGREEMENTS. (a) The |
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sheriff of each county with a population of 250,000 or more shall |
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request, and as offered, enter into a written agreement with the |
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United States Immigration and Customs Enforcement under Section |
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287(g), Immigration and Nationality Act (8 U.S.C. Section 1357(g)), |
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or an agreement under a similar federal program to authorize |
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officers and employees of the sheriff's department to enforce |
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federal immigration law. |
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(b) The sheriff of a county with a population of less than |
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250,000 may request, and as offered, enter into a written agreement |
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with the United States Immigration and Customs Enforcement under |
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Section 287(g), Immigration and Nationality Act (8 U.S.C. Section |
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1357(g)), or an agreement under a similar federal program to |
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authorize officers and employees of the sheriff's department to |
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enforce federal immigration law. |
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(c) An agreement entered into under this section must |
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include the scope, duration, and limitations of the authority to |
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enforce federal immigration law. |
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(d) A sheriff who enters into an agreement under this |
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section shall allocate the necessary resources, including |
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personnel and funding, to ensure the proper implementation of the |
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agreement, including the resources necessary to meet any reasonable |
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objectives for enforcement set forth in the agreement. |
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(e) The sheriff of a county with a population of 250,000 or |
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more who requested but was not offered a written agreement under |
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this section shall make additional requests to enter into a written |
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agreement under this section at least once annually after each |
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request is made. |
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Sec. 752.082. GRANT PROGRAM FOR SHERIFFS OF SMALL COUNTIES |
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IMPLEMENTING IMMIGRATION ENFORCEMENT AGREEMENT. (a) In this |
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section, "grant" means a grant authorized to be awarded by the |
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attorney general under the grant program established by this |
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section. |
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(b) Only if appropriated money for this purpose, the |
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attorney general shall establish and administer a competitive grant |
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program to support the state purpose of ensuring the security of |
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this state's borders by awarding grants to reimburse eligible |
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sheriffs the costs of participating in agreements entered into |
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under Section 752.081. |
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(c) A sheriff is eligible to apply for a grant under this |
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section if the sheriff serves a county that has a population of less |
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than 250,000 and has entered into an agreement under Section |
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752.081. The application must include a detailed plan on how the |
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sheriff intends to implement and sustain the sheriff's |
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participation in the agreement. |
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(d) On approval of an application submitted under |
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Subsection (c) and using money appropriated to the attorney general |
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for this purpose, the attorney general shall award a grant to an |
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eligible sheriff who applies for the grant. |
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(e) A sheriff who is awarded a grant under this section must |
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use the grant money to pay the costs associated with participating |
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in the agreement that is the subject of the grant that are not |
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reimbursed by the federal government. Grant money may only be spent |
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over a two-year period on: |
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(1) stipends for employees participating in the |
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agreement; |
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(2) generating and delivering reports required by the |
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agreement, including reports required by this subchapter; |
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(3) equipment related to the agreement purchased for a |
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county jail; and |
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(4) other expenses associated with participating in |
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the agreement as determined by the attorney general. |
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(f) The attorney general shall adopt rules necessary to |
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implement this section, including rules that establish: |
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(1) a standardized application process, including the |
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form to be used to apply for a grant and the manner of submitting the |
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form; |
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(2) deadlines for: |
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(A) applying for the grant; |
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(B) submitting detailed documentation necessary |
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to demonstrate the sheriff's costs in participating in the |
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agreement that is the subject of the grant at least once each |
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quarter; |
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(C) distributing grant money; and |
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(D) spending grant money; and |
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(3) procedures for: |
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(A) monitoring the distribution of grant money to |
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ensure compliance with this section; and |
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(B) returning grant money that was not used by a |
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sheriff for a purpose authorized by this section. |
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Sec. 752.083. REPORTING AND ACCOUNTABILITY. (a) A sheriff |
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who has entered into an agreement under Section 752.081 shall |
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annually submit a written report to the attorney general. The |
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report must provide details on the sheriff's activities, |
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expenditures, and outcomes related to the agreement. |
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(b) The sheriff of a county with a population of 250,000 or |
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more who has not entered into an agreement under Section 752.081 |
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shall annually provide proof to the attorney general of the |
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sheriff's attempt to enter into the agreement. |
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(c) The attorney general shall prepare an annual written |
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report on participation in agreements entered into under Section |
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752.081 and submit the report to the governor, lieutenant governor, |
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and speaker of the house of representatives. The report must |
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include: |
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(1) a summary of the sheriff reports submitted under |
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Subsection (a); |
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(2) details on the grant program established under |
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Section 752.082, including the number of sheriffs participating and |
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total amount of money distributed; and |
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(3) a summary of any enforcement actions taken under |
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Section 752.084. |
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Sec. 752.084. ENFORCEMENT BY ATTORNEY GENERAL. (a) The |
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attorney general may bring an action against a sheriff who fails to |
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comply with this subchapter in a district court in Travis County for |
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appropriate equitable relief. |
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(b) The attorney general may recover reasonable expenses |
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incurred in obtaining relief under Subsection (a), 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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SECTION 2. Not later than December 1, 2026, the sheriff of |
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each county with a population of 250,000 or more shall comply with |
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Section 752.081(a), Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |