Bill Text: TX HB2361 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to agreements between local law enforcement agencies and United States Immigration and Customs Enforcement to enforce federal immigration law.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-03 - Filed [HB2361 Detail]
Download: Texas-2025-HB2361-Introduced.html
| 89R9792 MP-D | ||
| By: Spiller | H.B. No. 2361 | |
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| 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. | ||
