Spiller Bill Orders Big-County Sheriffs To Seek 287(g) Deals

The text as introduced · 1,127 words

89R12316 MP-D

By: Spiller
H.B. No. 5580

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.