89R6011 MP-D     By: Schwertner S.B. No. 658       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 250,000 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   250,000 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 250,000 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 SMALL COUNTIES   IMPLEMENTING IMMIGRATION ENFORCEMENT AGREEMENT. (a)  In this   section, "grant" means a grant authorized to be awarded by the   attorney general under the grant program established by this   section.          (b)  Only if appropriated money for this purpose, the   attorney general shall establish and administer a competitive grant   program to support the state purpose of ensuring the security of   this state's borders by awarding grants to reimburse eligible   sheriffs the costs of participating in agreements entered into   under Section 752.081.           (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 250,000 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 money appropriated to the attorney general   for this purpose, the attorney general shall award a grant to an   eligible sheriff who applies for the grant.          (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)  stipends for employees participating in the   agreement;                (2)  generating and delivering reports required by the   agreement, including reports required by this subchapter;                (3)  equipment related to the agreement purchased for a   county jail; and                (4)  other expenses associated with participating in   the agreement as determined by the attorney general.          (f)  The attorney general 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.          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 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 250,000 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 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 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 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.          SECTION 2.  Not later than December 1, 2026, the sheriff of   each county with a population of 250,000 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.