HB2257 - Relating to required agreements between county sheriffs and the United States to enforce federal immigration law.

      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.