HB 2361

relating to agreements between local law enforcement agencies and
United States Immigration and Customs Enforcement to enforce
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
(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
(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
(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
(2)  the 30-day period described by Subsection (d)(2)
(3)  the law enforcement agency continues to fail to
(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
(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
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.