Louderback Bill’s ‘Required Agreements’ Only Make Sheriffs Apply

The text as introduced · 1,198 words

By: Louderback
H.B. No. 2257

A BILL TO BE ENTITLED

AN ACT

relating to required agreements between county sheriffs and the

United States 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. REQUIRED PARTICIPATION IN CERTAIN FEDERAL

IMMIGRATION PROGRAMS

Sec. 752.081. DEFINITIONS. In this subchapter:

(1) "Federal delegation of authority program" means the

program established by Section 287(g) of the Immigration and

Nationality Act (8 U.S.C. Section 1357(g)), or similar successor

program delegating certain federal immigration enforcement power

to local law enforcement.

(2) "Federal government" means the United States Department

of Homeland Security, or any other federal agency authorized to

implement the provisions of the federal delegation of authority

program described by this subchapter.

(3) "Jail enforcement model" means an agreement with the

federal government under 8 U.S.C. Section 1357(g), delegating

certain responsibilities to process removable noncitizens who are

arrested and detained by state or local law enforcement agencies in

cooperation with the federal government.

(4) "Warrant service officer model" means an agreement

under 8. U.S.C. Section 1357(g) authorizing local law enforcement

officers, designated and trained by the federal government, to

serve federal administrative immigration warrants and execute

arrests on behalf of the federal government.

Sec. 752.082. REQUIRED PARTICIPATION. (a) Each county

sheriff shall apply for participation in the federal delegation of

authority program described by this subchapter and, as offered,

shall continue participation in the program. A county sheriff

shall submit a request to participate to the federal government and

work in good faith to meet all requirements necessary for

participation in the program.

(b) Notwithstanding Sec. 752.083, A county sheriff shall

seek participation in the jail enforcement model described by this

subchapter.

(c) This subchapter does not a prohibit a sheriff from

requesting to operate multiple models or execute multiple

agreements as offered by the federal government for the purpose of

executing certain delegated immigration enforcement authority,

subject to federal rules.

(d) Successive elected sheriffs may not end participation

in the program if their predecessor has signed an agreement with the

federal government. If a sheriff's vacated predecessor has not

concluded the process necessary for participation, the matter shall

be treated as unfinished business under Sec. 85.023, Local

Government Code.

(e) A sheriff who requested but was not offered

participation under this section shall make additional requests to

participate under this section at least once annually after each

request is made. A sheriff making a request under this section

shall make a good faith effort to correct any deficiencies cited by

the federal government as cause for a denial to participate.

Sec. 752.083. REQUIRED ENFORCEMENT MODELS IN CERTAIN

COUNTIES. (a) A sheriff of a county with a population of 75,000 or

less shall apply to participate in either the warrant service

officer model or jail enforcement model described by Sec. 752.081.

(b) A sheriff to whom this section applies may choose to

seek participation through a different model described by Sec.

752.081 at their discretion, subject to federal rules.

Sec. 752.084. DEADLINES. (a) A sheriff of a county with a

population of 250,000 or more shall submit an initial request to

participate to the federal government no later than July 1, 2026.

(b) A sheriff of a county with a population of more than

75,000 but less than 250,000 shall submit an initial request to

participate to the federal government no later than July 1, 2027.

(c) A sheriff of a county with a population of 75,000 or less

shall submit an initial request to participate to the federal

government no later than July 1, 2028.

(d) Nothing in this section may be construed to prevent a

county sheriff from applying to participate to the federal

government at an earlier date or seek financial assistance under

Sec. 752.086.

Sec. 752.085. ATTORNEY GENERAL ENFORCEMENT. (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.

Sec. 752.086. FINANCIAL ASSISTANCE FOR SHERIFFS. (a) The

comptroller shall establish and administer a financial assistance

program to support the state purpose of assisting county sheriffs

participating in a federal delegation of authority program.

(b) The comptroller may only disperse funds appropriated

for the purpose of this section.

(c) Notwithstanding Subsection (b), the comptroller may

seek gifts, grants, donations, or federal funds to assist with

accomplishing this section.

(d) Funds under this section may only be used to:

(1) assist a county sheriff's department offset salary

costs for a licensed peace officer who:

(A) is authorized to participate in the federal

delegation of authority program by the sheriff; and

(B) is away from regular duty with the sheriff's

department to attend in-person training or other in-person business

required by the federal government associated with participation in

a delegation of authority program;

(2) reimburse the cost of acquiring or repairing any

equipment required by the federal government as a condition of

participation in a federal delegation of authority program that is

not otherwise provided by the federal government; or

(3) generate and deliver reports required by an

agreement with the federal government.

(e) Funds disbursed under Section (d) may not be used to:

(1) offset salary expenses of:

(A) more than 25 officers in a calendar year; or

(B) an officer who is not expressly authorized to

participate in a federal delegation of authority program; or

(2) reimburse the cost of acquiring or repairing any

equipment not expressly required, or otherwise provided, by the

federal government as a condition of participation in a federal

delegation of authority program.

(f) Funds disbursed under this section may only be used to

offset salary expenses covering the period beginning on the day

that an officer leaves to attend business described by Section

(d)(1) until the officer returns to normal duty.

(g) A county sheriff may not temporarily increase the salary

of an officer for the duration that the officer is away on business

described by Section (d)(1) solely for the purpose of increasing

assistance under this section.

(h) 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 assistance and the manner of submitting

the form;

(2) deadlines for:

(A) applying for assistance;

(B) disbursement of funds; and

(C) usage of funds;

(3) procedures for:

(A) monitoring the disbursement of funds to

ensure compliance with this section; and

(B) the return of funds that were not used by a

county for a purpose authorized by this section; and

(4) reporting requirements to demonstrate compliance

with this subchapter.

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.