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, the official text

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