89R12316 MP-D     By: Huffman, Schwertner 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.  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. 752.082.  GRANT PROGRAM FOR SHERIFFS OF CERTAIN   COUNTIES IMPLEMENTING IMMIGRATION ENFORCEMENT AGREEMENT. (a)  In   this section, "grant" means a grant authorized to be awarded by the   comptroller under the grant program established by this section.          (b)  From any money appropriated or otherwise available for   this purpose, the comptroller shall establish and administer a   competitive 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.          (c)  A sheriff is eligible to apply for a grant under this   section if the sheriff serves a county that has a population of less   than one million and has entered into an agreement under Section   752.081.  The application must include a detailed plan on how the   sheriff intends to implement and sustain the sheriff's   participation in the agreement.          (d)  On approval of an application submitted under   Subsection (c) and using any money available to the comptroller for   this purpose, the comptroller shall award a grant to an eligible   sheriff who applies for the grant.  The comptroller shall award   grant money in a manner that fairly distributes the money among   sheriffs awarded grants under this section, and each award to a   sheriff must be proportional to the population of the county the   sheriff serves.          (e)  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 participating in   the agreement;                (2)  generating and delivering reports required by the   agreement, including reports required by this subchapter;                (3)  equipment 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.          (f)  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 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 once each   quarter;                      (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 section; and                      (B)  returning grant money that was not used by a   sheriff for a purpose authorized by this section.          (g)  The comptroller may accept gifts, grants, and donations   to establish and administer the grant program under this section.          (h)  In relation to money received from a grant awarded to a   sheriff under this section, 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. 752.083.  REPORTING AND ACCOUNTABILITY. (a)  A sheriff   who has entered into an agreement under Section 752.081 shall   annually submit a written report to the comptroller and the   attorney general.  The report must provide details on the sheriff's   activities, expenditures, and outcomes 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 752.081   shall annually provide proof to the attorney general of the   sheriff's attempt to enter into the agreement.          (c)  The comptroller, in collaboration with the attorney   general, shall prepare an annual written report on participation in   agreements entered into under Section 752.081 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 under   Section 752.082, 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 752.084.           Sec. 752.084.  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.          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 752.081(a), Government Code, as added by this Act.          SECTION 3.  This Act takes effect September 1, 2025.