SB8

Regular Session

Relating to agreements between certain sheriffs and the United States Immigration and Customs Enforcement to enforce federal immigration law and a grant program to cover the costs of implementing those agreements.

CriticalImmediate action required

High Cost

Effective:2026-01-01

Enforcing Agencies

Attorney General (Compliance Enforcement) • Comptroller of Public Accounts (Grant Administration) • Commission on Jail Standards (Data Sharing)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: January 1, 2026
Financial Tracking Start: September 30, 2025 (Date from which costs are eligible for retroactive reimbursement).
Compliance Deadline: December 1, 2026 (Sheriffs must have a signed agreement or documented proof of a denied request).
Agency Rulemaking: The Comptroller of Public Accounts will issue rules regarding grant applications and standardized reporting forms, likely in Spring 2026.

Immediate Action Plan

1. Immediate Contract Review: Legal counsel must review all private jail operation contracts to draft amendments for scope of work and grant fund pass-throughs.
2. Contact Insurance Carriers: Determine if a "287(g) Operations" rider is required for your liability policy.
3. Establish Cost Codes: Direct accounting teams to implement tracking codes for SB8-related expenses by September 1, 2025, to capture the retroactive reimbursement window.
4. Audit Personnel Files: Identify officers eligible for federal deputization (clean background checks, citizenship requirements) to prepare for the training backlog.

Operational Changes Required

Contracts

Private Corrections MSAs: Master Service Agreements between counties and private jail operators (e.g., GEO, CoreCivic, LaSalle) must be amended to include federal immigration enforcement as a deliverable.
Pass-Through Provisions: Vendors must negotiate terms to ensure state grant funds received by the Sheriff (up to $140k/year) are passed through to the private operator incurring the training and staffing costs.
Indemnification: Review and strengthen indemnification clauses to protect the private vendor against third-party civil rights claims arising from state-mandated federal enforcement.

Hiring/Training

Federal Training: Designated officers must undergo federal 287(g) training (typically 4 weeks off-site). Rosters must be adjusted to cover these absences.
Dual Reporting: Establish protocols for deputized officers who will report to ICE supervisors for immigration tasks while remaining under the employment of the private vendor or county.

Reporting & Record-Keeping

Segregated Accounting: Finance departments must create specific cost centers effective September 30, 2025, to track personnel, equipment, and training costs for grant reimbursement.
Evidence of Attempt: If ICE denies an agreement, the Sheriff/Vendor must maintain a "Proof of Attempt" file (certified mail, official logs) to submit to the Attorney General annually to avoid civil penalties.
Data Integration: Jail management systems must be updated to export data required by the Comptroller, mirroring reports currently sent to the Commission on Jail Standards.

Fees & Costs

Unfunded Mandate Risk: While grants are authorized, they are "subject to appropriation." If the Legislature fails to fund the grant program, the legal mandate to perform the work remains, potentially costing operators $80,000–$140,000+ annually in unrecovered costs.
Insurance Premiums: Liability insurance carriers will likely re-rate policies due to increased Section 1983 (civil rights) exposure.

Strategic Ambiguities & Considerations

Population Threshold Discrepancy: The statutory text implies "each county" must comply, while the Fiscal Note limits the mandate to counties with populations >100,000. Until the AG issues a clarifying opinion, counties near this threshold should prepare for compliance to mitigate risk.
"Reasonable Objectives": The law requires resource allocation to meet undefined "reasonable objectives." It is unclear if a jail understaffed due to labor shortages will be penalized for failing to meet ICE processing targets.
Grant Eligibility for Private Vendors: The law grants funds to the *Sheriff*. There is no statutory mechanism forcing the Sheriff to pay the private vendor. This must be solved contractually.

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Legislative Timeline

This bill's path through the Texas Legislature

Official Analysis

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BILL ANALYSIS

Senate Research Center	S.B. 8
89R12316 MP-D	By: Schwertner; Huffman
	State Affairs
	3/14/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Texas is responsible for securing approximately 1,254 miles of the U.S.-Mexico border, making it the state with the longest border to secure. This responsibility requires ongoing coordination and collaboration among various levels of government, especially law enforcement agencies and local jails. Despite having one of the highest populations of undocumented immigrants, only 35 counties in Texas currently participate in the Immigration and Customs Enforcement (ICE) 287(g) program, which helps identify and detain criminal aliens.

The ICE 287(g) program provides local law enforcement with training and the authority to verify the immigration status of individuals booked into their facilities. If someone is found to be in the country illegally during the booking process, the program allows the agency to issue a federal immigration detainer, holding the individual for up to 48 hours until ICE can take custody.

To strengthen efforts against illegal border crossings and the associated rise in crime, it is crucial for Texas counties to make full use of available tools to protect their communities. S.B. 8 aims to enhance Texas' ability to combat the public safety threat posed by criminal aliens by mandating that counties with populations over 100,000 participate in the 287(g) program. Additionally, this bill would provide financial assistance to locally elected sheriffs in counties with populations under one million to help cover the costs of participating in the 287(g) program through grants.

As proposed, S.B. 8 amends current law relating to agreements between sheriffs and the United States Immigration and Customs Enforcement to enforce federal immigration law.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Comptroller of Public Accounts of the State of Texas in SECTION 1 (Section 752.082, Government Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 752, Government Code, by adding Subchapter D, as follows:

SUBCHAPTER D. IMMIGRATION LAW ENFORCEMENT AGREEMENTS BETWEEN SHERIFFS AND FEDERAL GOVERNMENT

Sec. 752.081. IMMIGRATION ENFORCEMENT AGREEMENTS. (a) Requires the sheriff of each county with a population of 100,000 or more to request, and as offered, enter into a written agreement with the United States Immigration and Customs Enforcement under Section 287(g), Immigration and Nationality Act (8 U.S.C. Section 1357(g)), or an agreement under a similar federal program to authorize officers and employees of the sheriff's department to enforce federal immigration law.

(b) Authorizes the sheriff of a county with a population of less than 100,000 to request, and as offered, enter into a written agreement with the United States Immigration and Customs Enforcement under Section 287(g), Immigration and Nationality Act (8 U.S.C. Section 1357(g)), or an agreement under a similar federal program to authorize officers and employees of the sheriff's department to enforce federal immigration law.

(c) Requires that an agreement entered into under this section include the scope, duration, and limitations of the authority to enforce federal immigration law.

(d) Requires a sheriff who enters into an agreement under this section to allocate the necessary resources, including personnel and funding, to ensure the proper implementation of the agreement, including the resources necessary to meet any reasonable objectives for enforcement set forth in the agreement.

(e) Requires the sheriff of a county with a population of 100,000 or more who requested but was not offered a written agreement under this section to make additional requests to enter into a written agreement under this section at least once annually after each request is made.

Sec. 752.082. GRANT PROGRAM FOR SHERIFFS OF CERTAIN COUNTIES IMPLEMENTING IMMIGRATION ENFORCEMENT AGREEMENT. (a) Defines "grant."

(b) Requires the Comptroller of Public Accounts of the State of Texas (comptroller), from any money appropriated or otherwise available for this purpose, to establish and administer a competitive grant program to support the state purpose of assisting sheriffs serving counties participating in agreements in which officers and employees of the sheriffs' departments are authorized to enforce federal immigration law.

(c) Provides that a sheriff is eligible to apply for a grant under this section if the sheriff serves a county that has a population of less than one million and has entered into an agreement under Section 752.081. Requires that the application include a detailed plan on how the sheriff intends to implement and sustain the sheriff's participation in the agreement.

(d) Requires the comptroller, on approval of an application submitted under Subsection (c) and using any money available to the comptroller for this purpose, to award a grant to an eligible sheriff who applies for the grant. Requires the comptroller to award grant money in a manner that fairly distributes the money among sheriffs awarded grants under this section, and requires that each award to a sheriff be proportional to the population of the county the sheriff serves.

(e) Requires a sheriff who is awarded a grant under this section to use the grant money to pay the costs associated with participating in the agreement that is the subject of the grant that are not reimbursed by the federal government. Provides that grant money is authorized to only be spent over a two-year period on compensation for peace officers participating in the agreement; generating and delivering reports required by the agreement, including reports required by this subchapter; equipment for peace officers related to the agreement, including the cost of repairing or replacing equipment required, but not provided, under the agreement; attendance by a peace officer at any training or other event required under the agreement; and other expenses associated with participating in the agreement as determined by the comptroller.

(f) Requires the comptroller to adopt rules necessary to implement this section, including rules that establish:

(1) a standardized application process, including the form to be used to apply for a grant and the manner of submitting the form;

(2) deadlines for applying for the grant, submitting detailed documentation necessary to demonstrate the sheriff's costs in participating in the agreement that is the subject of the grant at least once each quarter, distributing grant money, and spending grant money; and

(3) procedures for monitoring the distribution of grant money to ensure compliance with this section and returning grant money that was not used by a sheriff for a purpose authorized by this section.

(g) Authorizes the comptroller to accept gifts, grants, and donations to establish and administer the grant program under this section.

(h) Prohibits the commissioners court of the county the sheriff serves, in relation to money received from a grant awarded to a sheriff under this section, from reducing the appropriation to the sheriff's department in response to the sheriff receiving the grant.

Sec. 752.083. REPORTING AND ACCOUNTABILITY. (a) Requires a sheriff who has entered into an agreement under Section 752.081 to annually submit a written report to the comptroller and the attorney general. Requires that the report provide details on the sheriff's activities, expenditures, and outcomes related to the agreement.

(b) Requires the sheriff of a county with a population of 100,000 or more who has not entered into an agreement under Section 752.081 to annually provide proof to the attorney general of the sheriff's attempt to enter into the agreement.

(c) Requires the comptroller, in collaboration with the attorney general, to prepare an annual written report on participation in agreements entered into under Section 752.081 and submit the report to the governor, lieutenant governor, and speaker of the house of representatives. Requires that the report include a summary of the sheriff reports submitted under Subsection (a), details on the grant program established under Section 752.082, including the number of sheriffs participating and total amount of money distributed, and a summary of any enforcement actions taken by the attorney general under Section 752.084.

Sec. 752.084. ENFORCEMENT BY ATTORNEY GENERAL. (a) Authorizes the attorney general to bring an action against a sheriff who fails to comply with this subchapter in a district court for appropriate equitable relief.

(b) Authorizes the attorney general to recover reasonable expenses incurred in obtaining relief under Subsection (a), including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.

SECTION 2. Requires the sheriff of each county with a population of 100,000 or more, not later than December 1, 2026, to comply with Section 752.081(a), Government Code, as added by this Act.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Charles SchwertnerRepublican · Primary Author

Joint Authors

Joan Huffman (R)

Coauthors (6)

House Sponsors

Rep. David SpillerRepublican · Primary Sponsor

Joint Sponsors

Cosponsors (7)

Bill Text(with markup)

S.B. No. 8

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to agreements between certain sheriffs and the United
	States Immigration and Customs Enforcement to enforce federal
	immigration law and a grant program to cover the costs of
	implementing those agreements.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Title 7, Government Code, is amended by adding
	Chapter 753 to read as follows:
	CHAPTER 753. IMMIGRATION LAW ENFORCEMENT AGREEMENTS BETWEEN
	CERTAIN SHERIFFS AND FEDERAL GOVERNMENT
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 753.001. DEFINITIONS. In this chapter:
	(1) "Immigration enforcement agency" means the United
	States Immigration and Customs Enforcement.
	(2) "Immigration law enforcement agreement" means a
	written agreement between a state or local law enforcement official
	and the immigration enforcement agency under Section 287(g),
	Immigration and Nationality Act (8 U.S.C. Section 1357(g)), or a
	similar federal program, that authorizes the official and the
	official's officers, employees, and contractors to enforce federal
	immigration law.
	(3) "Grant" means a grant under the grant program
	established under Subchapter C.
	Sec. 753.002. GIFTS, GRANTS, AND DONATIONS. (a) The
	comptroller may accept gifts, grants, and donations to establish
	and administer the grant program established under Subchapter C.
	(b) The comptroller shall make publicly available on the
	comptroller's Internet website the source of any gifts, grants, and
	donations that were given to the comptroller specifically for the
	implementation of the grant program established under Subchapter C.
	SUBCHAPTER B. IMMIGRATION LAW ENFORCEMENT AGREEMENTS REQUIRED
	Sec. 753.051. IMMIGRATION LAW ENFORCEMENT AGREEMENTS. (a)
	The sheriff of each county that operates a jail or contracts with a
	private vendor to operate a jail shall request and enter into an
	immigration law enforcement agreement to authorize the sheriff and
	officers, employees, and, as applicable, contractors of the
	sheriff's department to enforce federal immigration law.
	(b) A sheriff who requested but did not enter into an
	immigration law enforcement agreement under this section shall make
	additional requests to enter into an agreement under this section
	at least once annually after each request is made.
	Sec. 753.052. IMMIGRATION LAW ENFORCEMENT AGREEMENT
	REQUIREMENTS. An agreement entered into under Section 753.051 must
	include the scope, duration, and limitations of the authority to
	enforce federal immigration law.
	Sec. 753.053. ALLOCATION OF RESOURCES. A sheriff who
	enters into an agreement under Section 753.051 shall allocate the
	necessary resources, including personnel and funding, to ensure the
	proper implementation of the agreement, including the resources
	necessary to meet any reasonable objectives for enforcement set
	forth in the agreement.
	SUBCHAPTER C. GRANT PROGRAM
	Sec. 753.101. ESTABLISHMENT AND ADMINISTRATION. From any
	money appropriated or otherwise available for this purpose, the
	comptroller shall establish and administer a grant program to
	support the state purpose of assisting sheriffs participating in
	immigration law enforcement agreements under Section 753.051.
	Sec. 753.102. ELIGIBILITY AND APPLICATION. (a) A sheriff
	is eligible to apply for a grant under this subchapter if the
	sheriff has entered into an immigration law enforcement agreement
	under Section 753.051.
	(b) The comptroller by rule may require an applicant to
	submit information or documentation with respect to a grant
	application submitted under this section.
	Sec. 753.103. AWARD; LIMITATIONS ON USE. (a) On approval
	of an application submitted under Section 753.102 and using money
	appropriated to the comptroller or otherwise available for this
	purpose, the comptroller shall award a grant to an eligible sheriff
	who applies for the grant as provided by Subsection (b).
	(b) The amount of grant money awarded to a sheriff must be
	determined based on the population of the county the sheriff serves
	according to the following tiers:
	(1) $80,000 for a county with a population of 99,999 or
	less;
	(2) $100,000 for a county with a population of at least
	100,000 but not more than 499,999;
	(3) $120,000 for a county with a population of at least
	500,000 but not more than 999,999; and
	(4) $140,000 for a county with a population of at least
	one million.
	(c) A sheriff who is awarded a grant under this section must
	use the grant money to pay the costs associated with participating
	in the agreement that is the subject of the grant that are not
	reimbursed by the federal government. Grant money may be spent over
	a two-year period only on the following:
	(1) compensation for persons performing duties under
	the agreement;
	(2) generating and delivering reports required by the
	agreement, including administrative duties required by this
	subchapter;
	(3) equipment and related services for peace officers
	and other persons related to the agreement, including the cost of
	repairing or replacing equipment required, but not provided, under
	the agreement;
	(4) attendance by a person at any training or other
	event required under the agreement;
	(5) costs to the county for confining inmates under
	the authority granted under the agreement; and
	(6) other expenses associated with participating in
	the agreement as determined by the comptroller.
	Sec. 753.104. COMPTROLLER POWERS AND DUTIES. The
	comptroller shall adopt rules necessary to implement the grant
	program established under this subchapter, including rules that
	establish:
	(1) a standardized application process, including the
	form to be used to apply for a grant and the manner of submitting the
	form;
	(2) deadlines for:
	(A) applying for the grant;
	(B) submitting detailed documentation necessary
	to demonstrate the sheriff's costs in participating in the
	agreement that is the subject of the grant at least annually;
	(C) distributing grant money; and
	(D) spending grant money; and
	(3) procedures for:
	(A) monitoring the distribution of grant money to
	ensure compliance with this subchapter; and
	(B) returning grant money that was not used by a
	sheriff for a purpose authorized by this subchapter.
	Sec. 753.105. EFFECT ON COUNTY APPROPRIATIONS. In relation
	to money received from a grant awarded to a sheriff under this
	subchapter, the commissioners court of the county the sheriff
	serves may not reduce the appropriation to the sheriff's department
	in response to the sheriff receiving the grant.
	SUBCHAPTER D. REPORTING AND ENFORCEMENT
	Sec. 753.151. REPORTING AND ACCOUNTABILITY. Not later than
	April 1 of each even-numbered year, the comptroller shall prepare a
	written report on sheriffs participating in immigration law
	enforcement agreements under Section 753.051 using information
	provided to the comptroller under Subchapter C and Section 753.152
	and submit the report to the governor, lieutenant governor, and
	speaker of the house of representatives. The report must include:
	(1) details on the grant program established under
	Subchapter C, including the number of sheriffs participating and
	total amount of money distributed; and
	(2) a summary of any enforcement actions taken by the
	attorney general under Section 753.154.
	Sec. 753.152. COMMISSION ON JAIL STANDARDS REPORT. The
	Commission on Jail Standards shall annually submit to the
	comptroller a copy of the reports received under Section 511.0101.
	Sec. 753.153. SHERIFF REPORT ON ATTEMPT TO ENTER INTO
	AGREEMENT. The sheriff of a county that operates a jail or
	contracts with a private vendor to operate a jail who has not
	entered into an agreement under Section 753.051 shall annually
	provide proof to the attorney general of the sheriff's attempt to
	enter into the agreement.
	Sec. 753.154. ENFORCEMENT BY ATTORNEY GENERAL. (a) The
	attorney general may bring an action against a sheriff who fails to
	comply with this chapter in a district court for appropriate
	equitable relief.
	(b) The attorney general may recover reasonable expenses
	incurred in obtaining relief under Subsection (a), including court
	costs, reasonable attorney's fees, investigative costs, witness
	fees, and deposition costs.
	(c) An action brought against a sheriff under this section
	must be brought in a district court for the county served by the
	sheriff.
	SECTION 2. Not later than December 1, 2026, the sheriff of
	each county shall comply with Section 753.051(a), Government Code,
	as added by this Act.
	SECTION 3. A grant awarded to a sheriff under Subchapter C,
	Chapter 753, Government Code, as added by this Act, may cover any
	costs associated with participating in an agreement described by
	Section 753.051, Government Code, as added by this Act, that were
	incurred by the sheriff between September 30, 2025, and January 1,
	2026.
	SECTION 4. Except as otherwise provided by this Act, this
	Act takes effect January 1, 2026.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 15, 2025

TO:	Honorable Bryan Hughes, Chair, Senate Committee on State Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB8 by Schwertner (Relating to agreements between sheriffs and the United States Immigration and Customs Enforcement to enforce federal immigration law.), As Introduced

Estimated Two-year Net Impact to General Revenue Related Funds for SB8, As Introduced: a negative impact of ($1,400,000) through the biennium ending August 31, 2027. There would be an additional indeterminate cost related to the grant program authorized by the bill which would be dependent on legislative appropriations to the Comptroller.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

General Revenue-Related Funds, Five- Year Impact:

Fiscal Year	Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2026	($862,000)
2027	($538,000)
2028	($538,000)
2029	($538,000)
2030	($538,000)

All Funds, Five-Year Impact:

Fiscal Year	Probable Savings/(Cost) from General Revenue Fund 1	Change in Number of State Employees from FY 2025
2026	($862,000)	5.0
2027	($538,000)	5.0
2028	($538,000)	5.0
2029	($538,000)	5.0
2030	($538,000)	5.0

Fiscal Analysis

The bill would require the sheriff of each county with a population of 100,000 or more to request and, if offered, enter into a written agreement with the US Immigration and Customs Enforcement (ICE) to authorize the sheriff's department to enforce federal immigration law. This would be optional in counties with populations less than 100,000.

The bill would require the Comptroller to administer a competitive grant program to assist sheriffs participating in the agreements if they serve counties with a population of less than 1,000,000. The grant awards would be proportional to the population of the county, and would be used, over a two-year period, for costs associated with participation in the agreement that are not reimbursed by the federal government. This would include compensation and equipment for peace officers, training, and other expenses associated with the agreement as determined by the comptroller.

The bill would require the Comptroller to adopt rules as necessary to implement the bill, and authorize the acceptance of gifts, grants or donations to establish and administer the program.

The bill would require sheriffs in counties with populations greater than 100,000 to report certain details to the Comptroller and the Attorney General, including proof that the sheriff attempted to enter into an agreement. The Attorney General would be authorized to bring action against a sheriff who fails to comply with the bill.

Methodology

This analysis assumes the Comptroller would require additional staff as follows to implement the bill: Four Program Specialist IVs to monitor and disburse funds to county sheriff's departments throughout the state and enforce compliance; and one Attorney V to provide legal support to draft and amend rules, assist with policy questions and review the reporting requirements for the program. Costs to the Comptroller would be $538,000 and 5.0 FTEs annually.

Based on the analysis of the Comptroller, according to the federal 2020 decennial census, 40 counties with a population of 100,000 or more would be required to request and, if offered by the federal government, enter into written agreements with U.S. ICE. Of those, six have a population of over 1 million and would be ineligible to receive a grant; the remaining 34 counties would be eligible for a grant. Additionally, Texas counties with populations of less than 100,000 would be eligible for a grant if they entered into an agreement with U.S. ICE under the bill's provisions. Grant awards to local entities would be dependent on legislative appropriations to the Comptroller, and are unknown at this time.

Technology

This analysis assumes the Comptroller would require an estimated 2,160 programming hours to create a new grant system. This includes requirements gathering, design and infrastructure to support the new system. Costs to the Comptroller would be $324,000 in fiscal year 2026.

Local Government Impact

Grant awards to local entities would be dependent on legislative appropriations to the Comptroller, and are unknown at this time.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts

LBB Staff:

JMc, WP, LCO, CSmi

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Frequently Asked Questions

Common questions about SB8

What does Texas SB8 do?

SB8 mandates that sheriffs in Texas counties with populations over 100,000 must enter into 287(g) agreements with ICE to enforce federal immigration law. This requirement explicitly extends to counties utilizing private jail contractors, necessitating immediate contract renegotiations, liability insurance adjustments, and specialized workforce training for private corrections operators. Implementation Timeline Effective Date: January 1, 2026 Financial Tracking Start: September 30, 2025 (Date from which costs are eligible for retroactive reimbursement).

Who authored SB8?

SB8 was authored by Texas Senator Charles Schwertner during the Regular Session.

When was SB8 signed into law?

SB8 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB8?

SB8 is enforced by Attorney General (Compliance Enforcement), Comptroller of Public Accounts (Grant Administration) and Commission on Jail Standards (Data Sharing).

How urgent is compliance with SB8?

The compliance urgency for SB8 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB8?

The cost impact of SB8 is estimated as "high". This may vary based on industry and implementation requirements.

What topics does SB8 address?

SB8 addresses topics including aliens, corrections, corrections--jails & prisons, crimes and crimes--miscellaneous.

Legislative data provided by LegiScanLast updated: November 25, 2025

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