By: Schwertner, et al. S.B. No. 8     A BILL TO BE ENTITLED   AN ACT   relating to agreements between sheriffs and the United States   Immigration and Customs Enforcement 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.  IMMIGRATION LAW ENFORCEMENT AGREEMENTS BETWEEN   SHERIFFS AND FEDERAL GOVERNMENT          Sec. 752.081.  DEFINITION. In this subchapter, "grant"   means a grant authorized to be awarded by the comptroller under the   grant program established by Section 752.083.          Sec. 752.082.  IMMIGRATION ENFORCEMENT AGREEMENTS. (a)  The   sheriff of each county with a population of 100,000 or more shall   request, and as offered, enter into a written agreement with the   United States Immigration and Customs Enforcement under Section   287(g), Immigration and Nationality Act (8 U.S.C. Section 1357(g)),   or an agreement under a similar federal program to authorize   officers and employees of the sheriff's department to enforce   federal immigration law.          (b)  The sheriff of a county with a population of less than   100,000 may request, and as offered, enter into a written agreement   with the United States Immigration and Customs Enforcement under   Section 287(g), Immigration and Nationality Act (8 U.S.C. Section   1357(g)), or an agreement under a similar federal program to   authorize officers and employees of the sheriff's department to   enforce federal immigration law.          (c)  An agreement entered into under this section must   include the scope, duration, and limitations of the authority to   enforce federal immigration law.          (d)  A sheriff who enters into an agreement under this   section 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.          (e)  The sheriff of a county with a population of 100,000 or   more who requested but was not offered a written agreement under   this section shall make additional requests to enter into a written   agreement under this section at least once annually after each   request is made.          Sec. 752.083.  GRANT PROGRAM: 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   serving counties participating in agreements in which officers and   employees of the sheriffs' departments are authorized to enforce   federal immigration law.          Sec. 752.084.  GRANT PROGRAM: APPLICATION FOR SHERIFFS OF   CERTAIN COUNTIES. (a)  A sheriff is eligible to apply for a grant   under this subchapter if the sheriff serves a county that has a   population of less than one million and has entered into an   agreement under Section 752.082.  The application must include   details of the sheriff's department's obligations under the   agreement and of the department's staffing resources dedicated to   implementing the agreement and the staffing resources necessary to   sustain the sheriff's department's participation in the agreement.          (b)  The comptroller by rule may require an applicant to   submit additional information or documentation with respect to a   grant application submitted under this section.          Sec. 752.085.  GRANT PROGRAM: GRANT AWARD. (a) On approval   of an application submitted under Section 752.084 and using money   appropriated to the comptroller 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 comptroller by rule shall prescribe a procedure for   awarding grants to each eligible sheriff who applies for a grant,   with grant money divided among the following population tiers in   accordance with the General Appropriations Act:                (1)  50,000 or less;                (2)  at least 50,001 but not more than 99,999;                (3)  at least 100,000 but not more than 499,999; and                (4)  at least 500,000 but not more than 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 only be spent   over a two-year period on:                (1)  compensation for peace officers and employees   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   related to the agreement, including the cost of repairing or   replacing equipment required, but not provided, under the   agreement;                (4)  attendance by a peace officer at any training or   other event required under the agreement; and                (5)  other expenses associated with participating in   the agreement as determined by the comptroller.          Sec. 752.086.  GRANT PROGRAM: COMPTROLLER POWERS AND   DUTIES. (a) The comptroller shall adopt rules necessary to   implement the grant program established by Section 752.083,   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.          (b)  The comptroller may accept gifts, grants, and donations   to establish and administer the grant program under this   subchapter.          (c)  The comptroller by rule shall adopt a procedure for   determining the period of the state fiscal year in which the   comptroller expects there to be money that remains unawarded under   the grant program and allowing a recipient of a grant awarded in   that fiscal year to request additional grant money not to exceed any   limit provided in the General Appropriations Act for the counties   in the tier described by Section 752.085 applicable to the   recipient.          Sec. 752.087.  GRANT PROGRAM: EFFECT ON COUNTY   APPROPRIATIONS. In relation to money received from a grant awarded   to a sheriff under Section 752.085, 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.          Sec. 752.088.  REPORTING AND ACCOUNTABILITY. (a)  A sheriff   who has entered into an agreement under Section 752.082 shall, not   later than the 60th day after the date the fiscal year of the county   served by the sheriff ends, submit a written report to the   comptroller and the attorney general.  The report must provide   details on the sheriff's expenditures related to the agreement.          (b)  The sheriff of a county with a population of 100,000 or   more who has not entered into an agreement under Section 752.082   shall annually provide proof to the attorney general of the   sheriff's attempt to enter into the agreement.          (c)  The Commission on Jail Standards shall annually submit   to the comptroller and attorney general a report on immigration   detainers reported by each county jail in compliance with Section   511.0101(a)(1)(M).          (d)  Not later than April 1 of each year, the comptroller, in   collaboration with the attorney general, shall prepare a written   report on participation in agreements entered into under Section   752.082 and submit the report to the governor, lieutenant governor,   and speaker of the house of representatives.  The report must   include:                (1)  a summary of the sheriff reports submitted under   Subsection (a);                (2)  details on the grant program established by   Section 752.083, including the number of sheriffs participating and   total amount of money distributed; and                (3)  a summary of any enforcement actions taken by the   attorney general under Section 752.089.          Sec. 752.089.  ENFORCEMENT BY ATTORNEY GENERAL. (a)  The   attorney general may bring an action against a sheriff who fails to   comply with this subchapter 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 with a population of 100,000 or more shall comply with   Section 752.082(a), Government Code, as added by this Act.          SECTION 3.  A grant awarded to a sheriff under Section   752.085, Government Code, as added by this Act, may cover any costs   associated with participating in an agreement described by Section   752.082, 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.