bill requiring local police to seek 287(g) agreements

The text as introduced · 606 words

89R9792 MP-D

By: Spiller
H.B. No. 2361

A BILL TO BE ENTITLED

AN ACT

relating to agreements between local law enforcement agencies and

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 370, Local Government Code, is amended

by adding Section 370.010 to read as follows:

Sec. 370.010. IMMIGRATION LAW ENFORCEMENT AGREEMENTS;

INJUNCTION; DENIAL OF STATE GRANT FUNDS. (a) Each law enforcement

agency of a political subdivision shall request and, as offered,

enter into a written agreement with United States Immigration and

Customs Enforcement under Section 287(g), Immigration and

Nationality Act (8 U.S.C. Section 1357), to authorize officers and

employees of the municipality or county to enforce federal

immigration law, and if an agreement is executed, dedicate a

minimum number of peace officers to assist in the enforcement of

federal immigration law.

(b) For each attempt to request and enter into an agreement

described by Subsection (a) that did not result in the execution of

an agreement, the law enforcement agency shall document the request

and all other efforts, including as necessary the submission of a

complete application, to enter into the agreement, maintain that

documentation indefinitely, and provide a copy to the attorney

general.

(c) An agreement entered into under this section must

include the scope, duration, and limitations of the authority.

(d) If the attorney general determines that a law

enforcement agency failed to comply with Subsection (a), the

attorney general shall provide to the law enforcement agency

written notice of the noncompliance. The notice must state:

(1) the requirements of this section; and

(2) that if the law enforcement agency fails to comply

with this section not later than the 30th day after the date the law

enforcement agency receives the notice:

(A) the attorney general may bring an action

against the law enforcement agency under Subsection (e); and

(B) the political subdivision served by the law

enforcement agency may be subject to losing state grant funds under

Subsection (g).

(e) The attorney general may bring an action in a district

court in Travis County for appropriate injunctive relief against a

law enforcement agency that fails to comply with Subsection (a) if:

(1) the attorney general provided the notice required

by Subsection (d);

(2) the 30-day period described by Subsection (d)(2)

has elapsed; and

(3) the law enforcement agency continues to fail to

comply with Subsection (a).

(f) The attorney general may recover reasonable expenses

incurred in obtaining relief under Subsection (e), including court

costs, reasonable attorney's fees, investigative costs, witness

fees, and deposition costs.

(g) The political subdivision served by a law enforcement

agency may not receive state grant funds, and state grant funds for

the political subdivision shall be denied, for the state fiscal

year following the year in which a final judicial determination in

an action brought under Subsection (e) is made that the law

enforcement agency has failed to comply with Subsection (a).

(h) The comptroller shall adopt rules to implement

Subsection (g) uniformly among the state agencies from which state

grant funds are distributed to a political subdivision.

SECTION 2. As soon as practicable after the effective date

of this Act, each law enforcement agency of a political subdivision

shall comply with Section 370.010, Local Government Code, as added

by this Act.

SECTION 3. 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.