Bill Text: TX HB1491 | 2025-2026 | 89th Legislature | Introduced


Bill Title: Relating to agreements between counties and United States Immigration and Customs Enforcement to enforce federal immigration law.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-12-03 - Filed [HB1491 Detail]

Download: Texas-2025-HB1491-Introduced.html
  89R5077 MP-D
 
  By: Schatzline H.B. No. 1491
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to agreements between counties 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.  Subchapter Z, Chapter 351, Local Government
  Code, is amended by adding Section 351.905 to read as follows:
         Sec. 351.905.  IMMIGRATION LAW ENFORCEMENT AGREEMENTS;
  INJUNCTION; DENIAL OF STATE GRANT FUNDS. (a)  The commissioners
  court of each county 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(g)), to authorize officers and employees of
  the county to enforce federal immigration law.
         (b)  An agreement entered into under this section must
  include the scope, duration, and limitations of the authority.
         (c)  The attorney general may bring an action against a
  county that fails to comply with Subsection (a) in a district court
  in Travis County for appropriate injunctive relief.
         (d)  The attorney general may recover reasonable expenses
  incurred in obtaining relief under Subsection (c), including court
  costs, reasonable attorney's fees, investigative costs, witness
  fees, and deposition costs.
         (e)  A county may not receive state grant funds, and state
  grant funds for the county shall be denied, for the state fiscal
  year following the year in which a final judicial determination in
  an action brought under Subsection (c) is made that the county has
  failed to comply with Subsection (a).
         (f)  The comptroller shall adopt rules to implement
  Subsection (e) uniformly among the state agencies from which state
  grant funds are distributed to a county.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the commissioners court of each county shall comply
  with Section 351.905, 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.
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