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A BILL TO BE ENTITLED
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AN ACT
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relating to agreements between local law enforcement agencies and |
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United States Immigration and Customs Enforcement to enforce |
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federal immigration law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 370, Local Government Code, is amended |
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by adding Section 370.010 to read as follows: |
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Sec. 370.010. IMMIGRATION LAW ENFORCEMENT AGREEMENTS; |
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INJUNCTION; DENIAL OF STATE GRANT FUNDS. (a) Each law enforcement |
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agency of a political subdivision shall request and, as offered, |
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enter into a written agreement with United States Immigration and |
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Customs Enforcement under Section 287(g), Immigration and |
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Nationality Act (8 U.S.C. Section 1357), to authorize officers and |
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employees of the municipality or county to enforce federal |
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immigration law, and if an agreement is executed, dedicate a |
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minimum number of peace officers to assist in the enforcement of |
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federal immigration law. |
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(b) For each attempt to request and enter into an agreement |
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described by Subsection (a) that did not result in the execution of |
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an agreement, the law enforcement agency shall document the request |
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and all other efforts, including as necessary the submission of a |
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complete application, to enter into the agreement, maintain that |
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documentation indefinitely, and provide a copy to the attorney |
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general. |
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(c) An agreement entered into under this section must |
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include the scope, duration, and limitations of the authority. |
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(d) If the attorney general determines that a law |
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enforcement agency failed to comply with Subsection (a), the |
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attorney general shall provide to the law enforcement agency |
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written notice of the noncompliance. The notice must state: |
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(1) the requirements of this section; and |
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(2) that if the law enforcement agency fails to comply |
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with this section not later than the 30th day after the date the law |
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enforcement agency receives the notice: |
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(A) the attorney general may bring an action |
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against the law enforcement agency under Subsection (e); and |
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(B) the political subdivision served by the law |
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enforcement agency may be subject to losing state grant funds under |
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Subsection (g). |
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(e) The attorney general may bring an action in a district |
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court in Travis County for appropriate injunctive relief against a |
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law enforcement agency that fails to comply with Subsection (a) if: |
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(1) the attorney general provided the notice required |
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by Subsection (d); |
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(2) the 30-day period described by Subsection (d)(2) |
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has elapsed; and |
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(3) the law enforcement agency continues to fail to |
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comply with Subsection (a). |
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(f) The attorney general may recover reasonable expenses |
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incurred in obtaining relief under Subsection (e), including court |
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costs, reasonable attorney's fees, investigative costs, witness |
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fees, and deposition costs. |
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(g) The political subdivision served by a law enforcement |
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agency may not receive state grant funds, and state grant funds for |
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the political subdivision shall be denied, for the state fiscal |
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year following the year in which a final judicial determination in |
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an action brought under Subsection (e) is made that the law |
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enforcement agency has failed to comply with Subsection (a). |
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(h) The comptroller shall adopt rules to implement |
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Subsection (g) uniformly among the state agencies from which state |
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grant funds are distributed to a political subdivision. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, each law enforcement agency of a political subdivision |
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shall comply with Section 370.010, Local Government Code, as added |
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by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |