SB 8

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
  ______________________________ 
            Governor