HB2361 - Relating to agreements between local law enforcement agencies and United States Immigration and Customs Enforcement to enforce federal immigration law.

  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.