| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to measures to address public safety threats in this state |
|
|
presented by transnational criminal activity, including by |
|
|
establishing a Texas Homeland Security Division, and to compensate |
|
|
persons affected by those threats. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
ARTICLE 1. TEXAS HOMELAND SECURITY DIVISION |
|
|
SECTION 1.01. Article 2.12, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace |
|
|
officers: |
|
|
(1) sheriffs, their deputies, and those reserve |
|
|
deputies who hold a permanent peace officer license issued under |
|
|
Chapter 1701, Occupations Code; |
|
|
(2) constables, deputy constables, and those reserve |
|
|
deputy constables who hold a permanent peace officer license issued |
|
|
under Chapter 1701, Occupations Code; |
|
|
(3) marshals or police officers of an incorporated |
|
|
city, town, or village, and those reserve municipal police officers |
|
|
who hold a permanent peace officer license issued under Chapter |
|
|
1701, Occupations Code; |
|
|
(4) rangers, officers, and members of the reserve |
|
|
officer corps commissioned by the Public Safety Commission and the |
|
|
Director of the Department of Public Safety; |
|
|
(5) investigators of the district attorneys', criminal |
|
|
district attorneys', and county attorneys' offices; |
|
|
(6) law enforcement agents of the Texas Alcoholic |
|
|
Beverage Commission; |
|
|
(7) each member of an arson investigating unit |
|
|
commissioned by a city, a county, or the state; |
|
|
(8) officers commissioned under Section 37.081, |
|
|
Education Code, or Subchapter E, Chapter 51, Education Code; |
|
|
(9) officers commissioned by the General Services |
|
|
Commission; |
|
|
(10) law enforcement officers commissioned by the |
|
|
Parks and Wildlife Commission; |
|
|
(11) officers commissioned under Chapter 23, |
|
|
Transportation Code; |
|
|
(12) municipal park and recreational patrolmen and |
|
|
security officers; |
|
|
(13) security officers and investigators commissioned |
|
|
as peace officers by the comptroller; |
|
|
(14) officers commissioned by a water control and |
|
|
improvement district under Section 49.216, Water Code; |
|
|
(15) officers commissioned by a board of trustees |
|
|
under Chapter 54, Transportation Code; |
|
|
(16) investigators commissioned by the Texas Medical |
|
|
Board; |
|
|
(17) officers commissioned by: |
|
|
(A) the board of managers of the Dallas County |
|
|
Hospital District, the Tarrant County Hospital District, the Bexar |
|
|
County Hospital District, or the El Paso County Hospital District |
|
|
under Section 281.057, Health and Safety Code; |
|
|
(B) the board of directors of the Ector County |
|
|
Hospital District under Section 1024.117, Special District Local |
|
|
Laws Code; |
|
|
(C) the board of directors of the Midland County |
|
|
Hospital District of Midland County, Texas, under Section 1061.121, |
|
|
Special District Local Laws Code; and |
|
|
(D) the board of hospital managers of the Lubbock |
|
|
County Hospital District of Lubbock County, Texas, under Section |
|
|
1053.113, Special District Local Laws Code; |
|
|
(18) county park rangers commissioned under |
|
|
Subchapter E, Chapter 351, Local Government Code; |
|
|
(19) investigators employed by the Texas Racing |
|
|
Commission; |
|
|
(20) officers commissioned under Chapter 554, |
|
|
Occupations Code; |
|
|
(21) officers commissioned by the governing body of a |
|
|
metropolitan rapid transit authority under Section 451.108, |
|
|
Transportation Code, or by a regional transportation authority |
|
|
under Section 452.110, Transportation Code; |
|
|
(22) investigators commissioned by the attorney |
|
|
general under Section 402.009, Government Code; |
|
|
(23) security officers and investigators commissioned |
|
|
as peace officers under Chapter 466, Government Code; |
|
|
(24) officers appointed by an appellate court under |
|
|
Subchapter F, Chapter 53, Government Code; |
|
|
(25) officers commissioned by the state fire marshal |
|
|
under Chapter 417, Government Code; |
|
|
(26) an investigator commissioned by the commissioner |
|
|
of insurance under Section 701.104, Insurance Code; |
|
|
(27) apprehension specialists and inspectors general |
|
|
commissioned by the Texas Juvenile Justice Department as officers |
|
|
under Sections 242.102 and 243.052, Human Resources Code; |
|
|
(28) officers appointed by the inspector general of |
|
|
the Texas Department of Criminal Justice under Section 493.019, |
|
|
Government Code; |
|
|
(29) investigators commissioned by the Texas |
|
|
Commission on Law Enforcement under Section 1701.160, Occupations |
|
|
Code; |
|
|
(30) commission investigators commissioned by the |
|
|
Texas Private Security Board under Section 1702.061, Occupations |
|
|
Code; |
|
|
(31) the fire marshal and any officers, inspectors, or |
|
|
investigators commissioned by an emergency services district under |
|
|
Chapter 775, Health and Safety Code; |
|
|
(32) officers commissioned by the State Board of |
|
|
Dental Examiners under Section 254.013, Occupations Code, subject |
|
|
to the limitations imposed by that section; |
|
|
(33) investigators commissioned by the Texas Juvenile |
|
|
Justice Department as officers under Section 221.011, Human |
|
|
Resources Code; [and] |
|
|
(34) the fire marshal and any related officers, |
|
|
inspectors, or investigators commissioned by a county under |
|
|
Subchapter B, Chapter 352, Local Government Code; and |
|
|
(35) officers of the Texas Homeland Security Division |
|
|
commissioned by the secretary of homeland security under Section |
|
|
425.202, Government Code. |
|
|
SECTION 1.02. Subtitle B, Title 4, Government Code, is |
|
|
amended by adding Chapter 425 to read as follows: |
|
|
CHAPTER 425. TEXAS HOMELAND SECURITY DIVISION |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 425.001. DEFINITIONS. In this chapter: |
|
|
(1) "Alien" has the meaning assigned by 8 U.S.C. |
|
|
Section 1101. |
|
|
(2) "Homeland Security Division" means the Texas |
|
|
Homeland Security Division established under this chapter. |
|
|
(3) "Border region" has the meaning assigned by |
|
|
Section 772.0071. |
|
|
(4) "Secretary" means the secretary of homeland |
|
|
security. |
|
|
(5) "Local government" means a municipality, county, |
|
|
special purpose district, or other political subdivision of this |
|
|
state. |
|
|
(6) "Office" means the office of the governor. |
|
|
(7) "Port of entry" means a port of entry described by |
|
|
Part 101, Title 19, Code of Federal Regulations (19 C.F.R. Part 101) |
|
|
or 22 C.F.R. Section 40.1. |
|
|
(8) "State agency" means a board, commission, |
|
|
department, office, or other agency in the executive branch of |
|
|
state government. |
|
|
(9) "Federal agency" means a board, commission, |
|
|
department, office, or other agency in the executive branch of |
|
|
federal government. |
|
|
Sec. 425.002. TEXAS HOMELAND SECURITY DIVISION |
|
|
ESTABLISHED. The office shall establish the Texas Homeland |
|
|
Security Division as a division within the office to provide |
|
|
cross-functional expertise to border protection operations and |
|
|
improve efficiency and effectiveness of the border protection |
|
|
operations of the state agencies and political subdivisions of this |
|
|
state. |
|
|
Sec. 425.003. SECRETARY OF HOMELAND SECURITY. (a) The |
|
|
governor shall appoint a United States citizen to serve as the |
|
|
secretary of homeland security in charge of the Texas Homeland |
|
|
Security Division. The secretary serves until removed by the |
|
|
governor. |
|
|
(b) The secretary may appoint, with the advice and consent |
|
|
of the governor, deputy secretaries and assistant secretaries who |
|
|
shall perform the duties that the secretary designates. Deputy |
|
|
secretaries and assistant secretaries serve until removed by the |
|
|
secretary. |
|
|
(c) The secretary, deputy secretaries, and assistant |
|
|
secretaries are entitled to annual salaries as provided by the |
|
|
legislature. |
|
|
Sec. 425.004. TERM OF AUTHORIZATION. (a) The Homeland |
|
|
Security Division is subject to appropriations from the legislature |
|
|
and continues in existence until September 1, 2031, unless |
|
|
reauthorized by the legislature. |
|
|
(b) This chapter expires September 1, 2031. |
|
|
Sec. 425.005. HEADQUARTERS; REGIONAL OFFICES. The Homeland |
|
|
Security Division must be headquartered in the border region. The |
|
|
Homeland Security Division may establish regional offices along the |
|
|
Texas-Mexico border. |
|
|
Sec. 425.006. COOPERATION WITH BORDER PROSECUTION UNIT. |
|
|
(a) In this section, "border prosecution unit" means the border |
|
|
prosecution unit established under Section 772.052. |
|
|
(b) The Homeland Security Division shall cooperate with the |
|
|
border prosecution unit to carry out the duties of the Homeland |
|
|
Security Division and the unit. |
|
|
(c) The border prosecution unit as needed may assign a |
|
|
prosecutor from the unit to the Homeland Security Division |
|
|
headquarters or any regional office of the Homeland Security |
|
|
Division. |
|
|
Sec. 425.007. GIFTS, GRANTS, AND DONATIONS. The Homeland |
|
|
Security Division may accept gifts, grants, and donations from any |
|
|
source, including private and nonprofit organizations, for the |
|
|
purposes of implementing this chapter. |
|
|
Sec. 425.008. FEDERAL, STATE, AND LOCAL COOPERATION. The |
|
|
Homeland Security Division shall coordinate with any federal or |
|
|
state agency or any local government as necessary to carry out the |
|
|
duties of the Homeland Security Division. |
|
|
Sec. 425.009. NO LIMITATION ON HOMELAND SECURITY DIVISION |
|
|
AUTHORITY BY LOCAL GOVERNMENTS. A local government may not by any |
|
|
means limit the jurisdiction or authority of the Homeland Security |
|
|
Division. |
|
|
SUBCHAPTER B. CONSOLIDATION OF BORDER OPERATIONS |
|
|
Sec. 425.051. CONSOLIDATION OF STATE AGENCY BORDER |
|
|
OPERATIONS. (a) The secretary shall identify resources the |
|
|
Homeland Security Division needs to conduct border protection |
|
|
operations, including personnel, equipment, and facilities owned |
|
|
or controlled by state agencies that conduct border protection |
|
|
operations under Operation Lone Star. The secretary may identify |
|
|
any resources dedicated to border security that are owned or |
|
|
controlled by: |
|
|
(1) the office of the attorney general; |
|
|
(2) the Department of Public Safety; |
|
|
(3) the Texas Military Department; |
|
|
(4) the Parks and Wildlife Department; |
|
|
(5) the Texas Alcoholic Beverage Commission; |
|
|
(6) the Texas Department of Criminal Justice; |
|
|
(7) the Texas Commission on Jail Standards; |
|
|
(8) the Texas Commission on Law Enforcement; |
|
|
(9) the Office of Court Administration of the Texas |
|
|
Judicial System; |
|
|
(10) the Department of State Health Services; |
|
|
(11) the Texas Department of Motor Vehicles; |
|
|
(12) the Texas Division of Emergency Management; |
|
|
(13) the State Soil and Water Conservation Board; and |
|
|
(14) any other state agency designated by the |
|
|
governor. |
|
|
(b) Each state agency that owns or controls resources |
|
|
identified under Subsection (a) shall dedicate those resources to |
|
|
the Homeland Security Division and its duties. |
|
|
Sec. 425.052. REIMBURSEMENT FOR STATE USE OF LOCAL |
|
|
GOVERNMENT RESOURCES. (a) The secretary shall identify resources |
|
|
the Homeland Security Division needs to conduct border protection |
|
|
operations, including personnel, equipment, and facilities owned |
|
|
or controlled by local governments that conduct border protection |
|
|
operations along the Texas-Mexico border. |
|
|
(b) A local government that owns or controls resources |
|
|
identified under Subsection (a) may by written agreement with the |
|
|
Homeland Security Division dedicate those resources to the Homeland |
|
|
Security Division and its duties. |
|
|
(c) A local government that dedicates resources to the |
|
|
Homeland Security Division under this section is entitled to |
|
|
reimbursement for the use of those resources as provided by the |
|
|
written agreement under Subsection (b) and the General |
|
|
Appropriations Act. |
|
|
Sec. 425.053. EMPLOYMENT OF DEDICATED PERSONNEL; |
|
|
COOPERATIVE WORK. (a) A person who is dedicated to the Homeland |
|
|
Security Division under Section 425.051 or 425.052 remains an |
|
|
employee of the assigning state agency or local government but the |
|
|
person may be assigned duties by the secretary. |
|
|
(b) A person who is dedicated to the Homeland Security |
|
|
Division shall work cooperatively with employees of the Homeland |
|
|
Security Division and other persons dedicated to the Homeland |
|
|
Security Division under the guidance of the secretary to achieve |
|
|
efficiency in efforts by state agencies and local governments to |
|
|
enforce the law in the border region. |
|
|
Sec. 425.054. AUTHORITY OF DEDICATED PERSONNEL. (a) A |
|
|
person dedicated to the Homeland Security Division and its duties |
|
|
under Section 425.051 or 425.052 retains the authority of the |
|
|
office held by the person with the dedicating state agency or local |
|
|
government and may exercise any powers granted to the Homeland |
|
|
Security Division under this chapter with the approval of the |
|
|
secretary. |
|
|
(b) The secretary, with the approval of the governor, may |
|
|
assign the person additional duties consistent with the duties of |
|
|
the Homeland Security Division under this chapter. |
|
|
(c) Notwithstanding any other provision of this chapter, a |
|
|
person dedicated to the Homeland Security Division may not be |
|
|
granted any powers or authority that exceeds the powers or |
|
|
authority granted by other law to the office held by the person with |
|
|
the dedicating state agency or local government. |
|
|
Sec. 425.055. USE OF DEDICATED PROPERTY. Any property, |
|
|
including equipment or facilities, dedicated to the Homeland |
|
|
Security Division and its duties under Section 425.051 or 425.052 |
|
|
may be used for the purposes of the dedicating state agency or local |
|
|
government or the purposes of the Homeland Security Division. |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 425.101. GENERAL POWERS AND DUTIES OF HOMELAND |
|
|
SECURITY DIVISION AND SECRETARY OF HOMELAND SECURITY. (a) The |
|
|
secretary shall: |
|
|
(1) be directly responsible to the governor for all |
|
|
conduct of the Homeland Security Division; |
|
|
(2) act as the chief administrative officer of the |
|
|
Homeland Security Division; |
|
|
(3) act with the Border Security Advisory Council in |
|
|
an advisory capacity, without vote; |
|
|
(4) formulate plans and policies for the protection of |
|
|
the citizens of this state in the Texas-Mexico border region, |
|
|
including the air, maritime, and land borders of this state; |
|
|
(5) organize the Homeland Security Division and |
|
|
supervise its operation; |
|
|
(6) maintain records of all Homeland Security Division |
|
|
proceedings and official orders; |
|
|
(7) adopt rules and policies, subject to the |
|
|
governor's approval, considered necessary for the control and |
|
|
general administration of the Homeland Security Division, |
|
|
including rules governing the procurement of facilities and |
|
|
equipment for the Homeland Security Division and the training and |
|
|
working conditions for Homeland Security Division personnel; |
|
|
(8) issue commissions as peace officers, under the |
|
|
governor's direction, to members of the Homeland Security Division; |
|
|
(9) create as necessary, with the advice and consent |
|
|
of the governor, operational or administrative divisions within the |
|
|
Homeland Security Division and appoint heads of those divisions; |
|
|
(10) employ as necessary commissioned officers and |
|
|
other employees to perform Homeland Security Division operations |
|
|
and functions; |
|
|
(11) quarterly, annually, biennially, and any other |
|
|
time on the governor's request submit to the governor and the Border |
|
|
Security Advisory Council detailed reports of the operation of the |
|
|
Homeland Security Division, including statements of its |
|
|
expenditures; and |
|
|
(12) prepare, swear to, submit to the governor, and |
|
|
file in the Homeland Security Division's records a quarterly |
|
|
statement containing an itemized list of all money received and its |
|
|
source and all money spent and the purposes for which it was spent. |
|
|
(b) The secretary or secretary's designee shall provide to |
|
|
the governor and to employees of the Homeland Security Division, as |
|
|
often as necessary, information regarding the requirements for |
|
|
office or employment under this chapter, including information |
|
|
regarding a person's responsibilities under applicable law |
|
|
relating to standards of conduct for state officers or employees. |
|
|
Sec. 425.102. BORDER OPERATIONS. The Homeland Security |
|
|
Division may conduct border security operations along the |
|
|
Texas-Mexico border, including: |
|
|
(1) law enforcement operations; |
|
|
(2) intelligence gathering, analysis, and |
|
|
dissemination; |
|
|
(3) surveillance and detection of criminal activity, |
|
|
including improper entry of individuals from foreign nations and |
|
|
the smuggling of individuals and controlled substances, using |
|
|
cameras, unmanned aircraft, and other technologies; |
|
|
(4) coordination and command of state agencies in |
|
|
border security operations led by the Homeland Security Division; |
|
|
(5) coordination of local, state, and federal agencies |
|
|
conducting border security operations, including tactical |
|
|
operations such as special response teams, brush teams, and special |
|
|
weapons and tactics teams; |
|
|
(6) training and education programs for the |
|
|
professional development of employees and agency partners carrying |
|
|
out border security operations; and |
|
|
(7) assisting local law enforcement with the |
|
|
investigation of crime. |
|
|
Sec. 425.103. LAW ENFORCEMENT BORDER PROTECTION FUNCTIONS. |
|
|
The secretary may order commissioned officers under the secretary's |
|
|
authority to take, and the commissioned officers may take, the |
|
|
following actions to the extent consistent with the United States |
|
|
and Texas Constitutions: |
|
|
(1) deter and repel persons attempting to enter this |
|
|
state unlawfully at locations other than ports of entry; |
|
|
(2) return aliens to Mexico who: |
|
|
(A) have been observed actually crossing the |
|
|
Texas-Mexico border unlawfully; and |
|
|
(B) were apprehended, detained, or arrested in |
|
|
the vicinity of the Texas-Mexico border; and |
|
|
(3) enhance the examination of aircraft, ships, |
|
|
vehicles, railcars, and cargo at or near ports of entry for the |
|
|
purposes of interdicting fentanyl and other dangerous drugs and |
|
|
interdicting human smuggling. |
|
|
Sec. 425.104. PURCHASE AND DEPLOYMENT AND MAINTENANCE OF |
|
|
CERTAIN TECHNOLOGY AND EQUIPMENT. (a) The Homeland Security |
|
|
Division, at the request of the governor, shall purchase, deploy |
|
|
and maintain technology and equipment to enhance the Homeland |
|
|
Security Division's ability to detect and suppress criminal |
|
|
activity along the Texas-Mexico border, including: |
|
|
(1) temporary border security infrastructure, |
|
|
including temporary barriers, buoys, fences, wires, roads, |
|
|
trenches, surveillance technology, or other improvements, designed |
|
|
or adapted to surveil or impede the movement of persons or objects |
|
|
across the Texas-Mexico border at locations other than ports of |
|
|
entry; |
|
|
(2) surveillance and detection technology to be |
|
|
deployed at and near each port of entry along the Texas-Mexico |
|
|
border to detect and deter the improper entry of individuals from |
|
|
foreign nations and the smuggling of individuals and controlled |
|
|
substances, such as fentanyl, cocaine, heroin, and |
|
|
methamphetamine; and |
|
|
(3) the acquisition and construction of facilities, |
|
|
equipment and services to remove illegal immigrants from Texas. |
|
|
(c) The Homeland Security Division shall staff a sufficient |
|
|
number of commercial vehicle inspectors to inspect vehicles using |
|
|
technology described by Subsection (a)(2) without impeding the |
|
|
efficient flow of trade. |
|
|
Sec. 425.105. OPERATIONAL PLAN TO COORDINATE BORDER |
|
|
PROTECTION. (a) The secretary or the secretary's designee shall |
|
|
develop and recommend to the governor, the legislature, and the |
|
|
Border Security Advisory Council a strategic plan that establishes |
|
|
the framework for the budgeting and operations of the Homeland |
|
|
Security Division, including homeland security strategies, to be |
|
|
administered by the Homeland Security Division and state agencies |
|
|
that provide assistance to the Homeland Security Division. |
|
|
(b) The strategic plan under Subsection (a) must include: |
|
|
(1) goals and performance measures that involve |
|
|
collaboration with other state agencies and local governments; and |
|
|
(2) an evaluation of 8 U.S.C. Section 1325(a) and |
|
|
other federal laws relating to the requirement that the admission |
|
|
of aliens into the United States occur only at ports of entry. |
|
|
(c) The secretary shall annually report to the governor, the |
|
|
legislature, and the Border Security Advisory Council on the |
|
|
implementation of the strategic plan. |
|
|
Sec. 425.106. ADVISORY COUNCIL ON BORDER PROTECTION |
|
|
TECHNOLOGY AND EQUIPMENT. |
|
|
(a) The secretary shall convene an advisory council on |
|
|
border protection technology and equipment. |
|
|
(b) The secretary shall determine the makeup of the advisory |
|
|
council on border protection technology and equipment, considering |
|
|
domestic and international subject matter experts. |
|
|
(c) The advisory council on border protection technology |
|
|
and equipment shall develop and recommend to the governor, the |
|
|
secretary, and the legislature, a strategic plan that establishes |
|
|
the framework for the budgeting, procurement, implementation, and |
|
|
operations of border protection technology and equipment for state |
|
|
agencies and local governments. |
|
|
(d) The strategic plan under Subsection (c) must include: |
|
|
(1) goals and performance measures that involve |
|
|
collaboration and interoperability of state agencies and local |
|
|
governments; |
|
|
(2) an evaluation of 8 U.S.C. Section 1325(a) and |
|
|
other federal laws relating to the requirement that the admission |
|
|
of aliens into the United States occur only at ports of entry; and |
|
|
(3) an evaluation of the relationship between the |
|
|
financial efficiency and operation effectiveness of various types |
|
|
of border protection technology and equipment. |
|
|
(c) The advisory council on border protection technology |
|
|
and equipment shall twice a year report to the governor, the |
|
|
secretary, and the legislature, on the recommendations of the |
|
|
strategic plan. |
|
|
(d) The Homeland Security Division shall hold an annual |
|
|
technology fair at which vendors of emerging border protection |
|
|
technology and equipment demonstrate the capabilities of the |
|
|
products. |
|
|
(e) The inaugural event required by Subsection (d) of this |
|
|
section must be held not later than September 1, 2024. |
|
|
Sec. 425.107. TECHNOLOGY POLICY; REVIEW. (a) The office |
|
|
shall implement a policy requiring the Homeland Security Division |
|
|
to use appropriate technological solutions to improve the Homeland |
|
|
Security Division's ability to perform its functions. The policy |
|
|
must ensure that the Homeland Security Division's capability to |
|
|
conduct border security operations and similar functions is not |
|
|
impeded by the use of obsolete or outdated technologies. |
|
|
(b) The office shall periodically review emerging |
|
|
technologies that may be deployed for border security operations, |
|
|
including technologies and equipment described by Section |
|
|
425.104(a)(2), to ensure the Homeland Security Division |
|
|
consistently adopts innovative technologies and solutions for |
|
|
those operations. |
|
|
SUBCHAPTER D. HIRING, STAFFING, AND TRAINING; AUTHORITY OF OFFICERS |
|
|
AND OTHER EMPLOYEES |
|
|
Sec. 425.201. REGIONAL COMMANDERS. The secretary, with the |
|
|
approval of the governor, may appoint regional commanders to |
|
|
oversee the regional offices authorized by Section 425.005. |
|
|
Sec. 425.202. OFFICERS AND OTHER EMPLOYEES. (a) The |
|
|
secretary may commission, with the approval of the governor, |
|
|
officers of the Homeland Security Division as peace officers. |
|
|
(b) The secretary may hire any employees as necessary to |
|
|
carry out the duties of the Homeland Security Division, including |
|
|
noncommissioned officers. |
|
|
(c) Officers of the Homeland Security Division are entitled |
|
|
to compensation as provided by the legislature and must be |
|
|
recruited and trained within the border region to the extent |
|
|
practicable. |
|
|
(d) Subject to the provisions of this chapter, the secretary |
|
|
may appoint, promote, reduce, suspend, or discharge any officer or |
|
|
employee of the Homeland Security Division. |
|
|
Sec. 425.203. HIRING OFFICERS WITH PREVIOUS BORDER PATROL, |
|
|
TEXAS DEPARTMENT OF PUBLIC SAFETY, OR MILITARY EXPERIENCE. |
|
|
Notwithstanding any other provision of law, the Homeland Security |
|
|
Division may, at the time an officer is hired for the Homeland |
|
|
Security Division, elect to credit up to four years of experience as |
|
|
a Border Patrol Agent of the United States Customs and Border |
|
|
Protection or as an Officer of the Texas Department of Public |
|
|
Safety, or a member of the armed forces of the United States for the |
|
|
purpose of calculating the officer's salary under Schedule C. All |
|
|
officers are subject to a one-year probationary period under |
|
|
Section 411.007(g) notwithstanding the officer's rank or salary |
|
|
classification. |
|
|
Sec. 425.204. QUALIFICATIONS. (a) To be a commissioned |
|
|
officer of the Homeland Security Division, a person must hold a |
|
|
peace officer license issued under Chapter 1701, Occupations Code, |
|
|
and meet any other qualifications set by the secretary. |
|
|
(b) To be a noncommissioned officer of the Homeland Security |
|
|
Division, a person must meet the qualifications set by the |
|
|
secretary by rule. |
|
|
(c) The secretary may provide by rule for the qualifications |
|
|
of any other employees of the Homeland Security Division. |
|
|
(d) The secretary may not employ an officer or other |
|
|
employee if the officer or other employee: |
|
|
(1) has been convicted of a violent offense; or |
|
|
(2) has been dishonorably discharged from the armed |
|
|
forces of the United States or the Texas military forces as shown by |
|
|
the service member's release or discharge documentation. |
|
|
(e) For purposes of Subsection (d): |
|
|
(1) "Texas military forces" has the meaning assigned |
|
|
by Section 437.001. |
|
|
(2) "Violent offense" means an offense under the law |
|
|
of any state that has as an element the use, attempted use, or |
|
|
threatened use of physical force against any person. |
|
|
(f) The Homeland Security Division is an equal employment |
|
|
opportunity employer and may not discriminate against or give |
|
|
preferential treatment to any employee or job applicant on account |
|
|
of the individual's race, color, sex, national origin, or religion. |
|
|
Sec. 425.205. TRAINING. (a) The Homeland Security |
|
|
Division shall acquire equipment and facilities and conduct |
|
|
training necessary to carry out the operational, intelligence, |
|
|
communication, logistics, and administrative duties of the |
|
|
Homeland Security Division provided by this chapter or the |
|
|
secretary. The Homeland Security Division shall conduct the |
|
|
training in the border region. |
|
|
(b) The Homeland Security Division shall expand programs |
|
|
for training officers to serve as members of a brush team. |
|
|
Sec. 425.206. AUTHORITY OF OFFICERS. (a) A commissioned |
|
|
officer of the Homeland Security Division is governed by the law |
|
|
regulating and defining the powers and duties of sheriffs |
|
|
performing similar duties, except that the officer may make arrests |
|
|
and execute processes in a criminal case in any county in the state. |
|
|
(b) A commissioned officer of the Homeland Security |
|
|
Division may, to the extent consistent with the United States and |
|
|
Texas Constitutions, arrest, apprehend, or detain persons crossing |
|
|
the Texas-Mexico border unlawfully, and deter persons attempting to |
|
|
cross the border unlawfully, up to the use of non-deadly crowd |
|
|
control measures. |
|
|
Sec. 425.207. USE OF PERSONAL VEHICLE PROHIBITED. |
|
|
Notwithstanding any other provision of this chapter, an officer or |
|
|
other employee of the Homeland Security Division may not use the |
|
|
officer's or employee's personal vehicle to conduct a traffic stop |
|
|
for any purpose related to the officer's or employee's duties. |
|
|
SUBCHAPTER E. OFFICE OF AUDIT AND REVIEW; OFFICE OF INSPECTOR |
|
|
GENERAL |
|
|
Sec. 425.251. OFFICE OF AUDIT AND REVIEW FOR HOMELAND |
|
|
SECURITY DIVISION. (a) The governor shall establish the office of |
|
|
audit and review within the Homeland Security Division and appoint |
|
|
a director to perform the duties under this section. The director of |
|
|
the office of audit and review of the Homeland Security Division |
|
|
shall serve until removed by the governor. |
|
|
(b) The director of the office of audit and review must |
|
|
satisfy the requirements to be the Homeland Security Division's |
|
|
internal auditor under Section 2102.006(b) and is considered to be |
|
|
the Homeland Security Division's internal auditor for purposes of |
|
|
Chapter 2102. |
|
|
(c) The office of audit and review shall coordinate |
|
|
activities designed to promote effectiveness in the Homeland |
|
|
Security Division's operations and to keep the governor and the |
|
|
legislature fully informed about deficiencies within the Homeland |
|
|
Security Division. The office of audit and review shall: |
|
|
(1) inspect and audit Homeland Security Division |
|
|
programs and operations for efficiency, uniformity, and compliance |
|
|
with established procedures and develop recommendations for |
|
|
improvement; |
|
|
(2) coordinate and be responsible for promoting |
|
|
accountability, integrity, and efficiency in the Homeland Security |
|
|
Division; and |
|
|
(3) provide the governor with information relevant to |
|
|
its oversight of the Homeland Security Division. |
|
|
(d) The Homeland Security Division shall provide the |
|
|
director of the office of audit and review with access to any |
|
|
records, data, or other information necessary to fulfill the |
|
|
purposes of this section. |
|
|
(e) The director of the office of audit and review shall, |
|
|
with the advice and consent of the governor, determine which audits |
|
|
and inspections to perform and may publish the findings and |
|
|
recommendations of the office of audit and review. |
|
|
(f) The director of the office of audit and review shall: |
|
|
(1) report to the governor regarding audits and |
|
|
inspections planned and the status and findings of those audits and |
|
|
inspections; and |
|
|
(2) report to the secretary for administrative |
|
|
purposes and keep the secretary informed of any findings of the |
|
|
office of audit and review. |
|
|
(g) The office of audit and review shall: |
|
|
(1) independently and objectively inspect the |
|
|
Homeland Security Division to: |
|
|
(A) ensure that operations are conducted |
|
|
efficiently, uniformly, and in compliance with established |
|
|
procedures; and |
|
|
(B) make recommendations for improvements in |
|
|
operational performance; |
|
|
(2) independently and objectively audit the Homeland |
|
|
Security Division to: |
|
|
(A) promote economy, effectiveness, and |
|
|
efficiency within the Homeland Security Division; |
|
|
(B) prevent and detect fraud, waste, and abuse in |
|
|
Homeland Security Division programs and operations; and |
|
|
(C) make recommendations about the adequacy and |
|
|
effectiveness of the Homeland Security Division's system of |
|
|
internal control policies and procedures; |
|
|
(3) advise in the development and evaluation of the |
|
|
Homeland Security Division's performance measures; |
|
|
(4) review actions taken by the Homeland Security |
|
|
Division to improve program performance and make recommendations |
|
|
for improvement; |
|
|
(5) review and make recommendations to the governor |
|
|
and the legislature regarding rules, laws, and guidelines relating |
|
|
to Homeland Security Division programs and operations; |
|
|
(6) keep the governor, secretary, and legislature |
|
|
fully informed of problems in Homeland Security Division programs |
|
|
and operations; and |
|
|
(7) ensure effective coordination and cooperation |
|
|
among the state auditor's office, legislative oversight |
|
|
committees, and other governmental bodies while attempting to avoid |
|
|
duplication. |
|
|
(h) Chapter 2102 applies to the office of audit and review. |
|
|
Sec. 425.252. INSPECTOR GENERAL FOR HOMELAND SECURITY |
|
|
DIVISION. (a) The governor shall establish the office of the |
|
|
inspector general within the Homeland Security Division and appoint |
|
|
the inspector general of the Homeland Security Division. The |
|
|
inspector general of the Homeland Security Division shall serve |
|
|
until removed by the governor. |
|
|
(b) The inspector general of the Homeland Security Division |
|
|
is responsible for: |
|
|
(1) preparing and delivering assessments concerning |
|
|
the administration of the Homeland Security Division to the |
|
|
governor, the legislature, and the secretary; |
|
|
(2) acting to prevent and detect serious breaches of |
|
|
Homeland Security Division policy, fraud, and abuse of office, |
|
|
including any acts of criminal conduct within the Homeland Security |
|
|
Division; and |
|
|
(3) independently and objectively reviewing, |
|
|
investigating, delegating, and overseeing the investigation of: |
|
|
(A) conduct described by Subdivision (2); |
|
|
(B) criminal activity occurring within the |
|
|
Homeland Security Division; |
|
|
(C) allegations of wrongdoing by Homeland |
|
|
Security Division employees; |
|
|
(D) crimes committed on Homeland Security |
|
|
Division property; and |
|
|
(E) serious breaches of Homeland Security |
|
|
Division policy. |
|
|
(c) The inspector general of the Homeland Security Division |
|
|
shall report directly to the governor regarding performance of and |
|
|
activities related to investigations and provide the secretary with |
|
|
information regarding investigations as appropriate. |
|
|
(d) The inspector general of the Homeland Security Division |
|
|
shall regularly present to the governor: |
|
|
(1) reports of investigations; and |
|
|
(2) a summary of information relating to |
|
|
investigations conducted under this section that includes analysis |
|
|
of the number, type, and outcome of investigations, trends in the |
|
|
investigations, and recommendations to avoid future complaints. |
|
|
SECTION 1.03. Chapter 820, Government Code, is amended by |
|
|
adding Subchapter A-1 to read as follows: |
|
|
SUBCHAPTER A-1. CERTAIN MILITARY SERVICE CREDIT |
|
|
Sec. 820.021. CERTAIN MILITARY SERVICE CREDIT WITHOUT |
|
|
PURCHASE. (a) A cash balance group member hired by the office of |
|
|
the governor for the Texas Homeland Security Division under Chapter |
|
|
425 who served active federal duty in the armed forces of the United |
|
|
States and obtains a peace officer license issued under Chapter |
|
|
1701, Occupations Code, while employed with the Homeland Security |
|
|
Division may establish military service credit not to exceed six |
|
|
months in the retirement system for the purposes described by |
|
|
Subsection (c) by submitting a request to the system in a form and |
|
|
manner prescribed by the system. |
|
|
(b) The retirement system shall grant the military service |
|
|
credit of a member who submits a request as provided by Subsection |
|
|
(a) after the system verifies that the member is a cash balance |
|
|
group member and served the military service required by that |
|
|
subsection. |
|
|
(c) Military service credit established under this section |
|
|
may be used only to determine whether the cash balance group member |
|
|
is eligible to retire and receive a cash balance annuity under this |
|
|
chapter. The service credit does not affect eligibility for any |
|
|
other purpose, including for purposes of determining eligibility to |
|
|
participate in the group benefits program established under Chapter |
|
|
1551, Insurance Code. |
|
|
SECTION 1.04. Subchapter C, Chapter 2155, Government Code, |
|
|
is amended by adding Section 2155.151 to read as follows: |
|
|
Sec. 2155.151. CERTAIN PURCHASES BY OFFICE OF THE GOVERNOR. |
|
|
(a) The office of the governor is delegated all purchasing |
|
|
functions relating to the purchase of technologies and equipment |
|
|
for use by the Texas Homeland Security Division in border security |
|
|
operations, including technology and equipment described by |
|
|
Section 425.104, to ensure the Homeland Security Division |
|
|
consistently adopts innovative technologies and solutions for |
|
|
those operations. |
|
|
(b) The office of the governor shall acquire goods and |
|
|
services under Subsection (a) by any procurement method that |
|
|
provides the best value to the office. The office of the governor |
|
|
shall consider the best value standards listed in Section 2155.074. |
|
|
(c) At the request of the office of the governor, the |
|
|
comptroller or the Department of Information Resources, as |
|
|
appropriate, shall procure goods and services described by |
|
|
Subsection (a) for the office. The office of the governor may use |
|
|
the services of the comptroller or the Department of Information |
|
|
Resources in procuring goods and services described by Subsection |
|
|
(a). |
|
|
ARTICLE 2. BORDER PROTECTION PROPERTY DAMAGE PROGRAM |
|
|
SECTION 2.01. The heading to Chapter 56C, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
CHAPTER 56C. BORDER CRIME [LANDOWNER COMPENSATION FOR] PROPERTY |
|
|
DAMAGE COMPENSATION PROGRAM [CAUSED BY CERTAIN CRIMINAL |
|
|
ACTIVITIES] |
|
|
SECTION 2.02. Article 56C.001, Code of Criminal Procedure, |
|
|
is amended by amending Subdivision (2) and adding Subdivision (2-a) |
|
|
to read as follows: |
|
|
(2) "Border crime" means conduct: |
|
|
(A) constituting an offense under: |
|
|
(i) Subchapter D, Chapter 481, Health and |
|
|
Safety Code; |
|
|
(ii) Section 20.05, 20.06, or 38.04, Penal |
|
|
Code; or |
|
|
(iii) Chapter 20A, Penal Code; and |
|
|
(B) involving transnational criminal activity. |
|
|
(2-a) "Border region" has the meaning assigned by |
|
|
Section 772.0071, Government Code. |
|
|
SECTION 2.03. The heading to Article 56C.003, Code of |
|
|
Criminal Procedure, is amended to read as follows: |
|
|
Art. 56C.003. BORDER CRIME PROPERTY DAMAGE [LANDOWNER] |
|
|
COMPENSATION PROGRAM. |
|
|
SECTION 2.04. Article 56C.003, Code of Criminal Procedure, |
|
|
is amended by amending Subsections (a), (c), and (d) and adding |
|
|
Subsection (a-1) to read as follows: |
|
|
(a) From the funding sources described by Subsection (a-1) |
|
|
[money appropriated for the purpose], the attorney general shall |
|
|
establish and administer a program to compensate: |
|
|
(1) landowners who suffer real property damage on |
|
|
agricultural land caused by: |
|
|
(A) [(1)] a trespasser as a result of an offense |
|
|
under Chapter 28, Penal Code, that was committed in the course of or |
|
|
in furtherance of a border crime; or |
|
|
(B) [(2)] a law enforcement response to a |
|
|
trespasser who was engaged in a border crime; and |
|
|
(2) persons residing in the border region who suffer |
|
|
real or personal property damage caused by a person described by |
|
|
Subdivision (1)(A) or (B). |
|
|
(a-1) The attorney general may use money from the following |
|
|
sources to establish the program described by Subsection (a): |
|
|
(1) money appropriated, credited, or transferred by |
|
|
the legislature for purposes of the program; |
|
|
(2) revenue that the legislature by statute dedicates |
|
|
for deposit to the credit of the program; |
|
|
(3) investment earnings and interest earned on money |
|
|
held for purposes of administering the program; |
|
|
(4) gifts, grants, and donations received by the state |
|
|
for purposes of the program; and |
|
|
(5) proceeds received under Article 59.06(v). |
|
|
(c) The attorney general may not award compensation under |
|
|
this article for [real] property damage caused by a trespasser |
|
|
[described by Subsection (a)(1)] unless the damage is documented in |
|
|
a written report by a law enforcement agency as having occurred in |
|
|
connection with a border crime. |
|
|
(d) In awarding compensation under this article for [real] |
|
|
property damage caused by a trespasser [described by Subsection |
|
|
(a)(1)], the attorney general may not consider the outcome of any |
|
|
criminal prosecution arising out of the offense under Chapter 28, |
|
|
Penal Code, as a result of which the applicant suffered property |
|
|
damage or the applicable offense listed in Article 56C.001(2)(A). |
|
|
SECTION 2.05. Article 56C.006(a), Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
(a) The program established under Article 56C.003 is a payer |
|
|
of last resort for [real] property damage described by that |
|
|
article. |
|
|
SECTION 2.06. Article 59.06(t)(1), Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
(t)(1) This subsection applies only to contraband for which |
|
|
forfeiture is authorized with respect to an offense under Section |
|
|
[20.05, 20.06,] 20.07, 43.04, or 43.05 or Chapter 20A, Penal Code. |
|
|
SECTION 2.07. Article 59.06, Code of Criminal Procedure, is |
|
|
amended by adding Subsection (v) to read as follows: |
|
|
(v) Notwithstanding any other provision of this article, |
|
|
with respect to forfeited property seized in connection with an |
|
|
offense under Section 20.05 or 20.06, Penal Code, in a proceeding |
|
|
under Article 59.05 in which judgment is rendered in favor of the |
|
|
state, the attorney representing the state shall transfer the |
|
|
proceeds from the sale of the forfeited property under Subsection |
|
|
(a) to the comptroller for deposit to the credit of the border crime |
|
|
property damage compensation program established under Chapter |
|
|
56C. |
|
|
SECTION 2.08. Article 56C.007, Code of Criminal Procedure, |
|
|
is repealed. |
|
|
ARTICLE 3. BORDER SECURITY ADVISORY COUNCIL |
|
|
SECTION 3.01. Subchapter B-1, Chapter 421, Government Code, |
|
|
is amended by adding Section 421.0425 to read as follows: |
|
|
Sec. 421.0425. BORDER SECURITY ADVISORY COUNCIL. (a) The |
|
|
Border Security Advisory Council is a permanent special advisory |
|
|
committee created to advise the legislature and the governor or the |
|
|
governor's designee on homeland security issues impacting the |
|
|
security of the Texas-Mexico border and on streamlining statewide |
|
|
border security activities and initiatives. |
|
|
(b) The council is composed of: |
|
|
(1) the chair of the standing substantive committee of |
|
|
the senate with primary jurisdiction over border security; |
|
|
(2) the chair of the standing substantive committee of |
|
|
the house of representatives with primary jurisdiction over border |
|
|
security and public safety; |
|
|
(3) four senators appointed by the lieutenant governor |
|
|
who collectively meet the following requirements: |
|
|
(A) two senators must represent senatorial |
|
|
districts located in the border region; and |
|
|
(B) one senator must be the chair of the senate |
|
|
standing committee with primary jurisdiction over border security |
|
|
issues; |
|
|
(4) four members of the house of representatives |
|
|
appointed by the speaker of the house of representatives who |
|
|
collectively meet the following requirements: |
|
|
(A) two representatives must represent house |
|
|
districts located in the border region; and |
|
|
(B) one representative must be the chair of the |
|
|
house standing committee with primary jurisdiction over border |
|
|
security and public safety issues; |
|
|
(5) as nonvoting members, the executive head of or a |
|
|
designee from each of the following: |
|
|
(A) Department of Public Safety; |
|
|
(B) Texas Military Department; |
|
|
(C) Texas Division of Emergency Management; |
|
|
(D) Parks and Wildlife Department; |
|
|
(E) Texas Department of Criminal Justice; |
|
|
(F) Office of Court Administration of the Texas |
|
|
Judicial System; and |
|
|
(G) Texas Alcoholic Beverage Commission; |
|
|
(6) as a nonvoting member, the presiding officer of |
|
|
the border prosecution unit established under Section 772.052; |
|
|
(7) the following nonvoting members appointed by the |
|
|
governor or the governor's designee: |
|
|
(A) one representative of a county located in the |
|
|
border region, other than a sheriff; |
|
|
(B) one sheriff of a county located in the border |
|
|
region; |
|
|
(C) one representative of a municipality located |
|
|
in the border region, other than a municipal police chief; |
|
|
(D) one police chief of a municipality located in |
|
|
the border region; and |
|
|
(E) one representative of the business community |
|
|
involved in international trade across the Texas-Mexico border; and |
|
|
(8) other nonvoting members as determined by the |
|
|
governor or the governor's designee. |
|
|
(c) The committee chairs described by Subsections (b)(1) |
|
|
and (2) are joint chairs of the council. |
|
|
(d) A majority of the voting members of the council |
|
|
constitutes a quorum to transact business. If a quorum is present, |
|
|
the council may act on any matter within the council's jurisdiction |
|
|
by a majority vote. |
|
|
(e) The council shall meet as often as necessary to perform |
|
|
the council's duties. Meetings may be held at any time at the |
|
|
request of either chair. |
|
|
(f) As an exception to Chapter 551 and other law, for a |
|
|
meeting at which both joint chairs of the council are physically |
|
|
present, any number of the other council members may attend the |
|
|
meeting by use of telephone conference call, video conference call, |
|
|
or other similar technology. This subsection applies for purposes |
|
|
of establishing a quorum or voting or for any other purpose allowing |
|
|
the members to fully participate in any council meeting. This |
|
|
subsection applies without regard to the subject or topics |
|
|
considered by the members at the meeting. |
|
|
(g) A council meeting held by use of telephone conference |
|
|
call, video conference call, or other similar technology: |
|
|
(1) is subject to the notice requirements applicable |
|
|
to other meetings; |
|
|
(2) must specify in the notice of the meeting the |
|
|
location at which the joint chairs will be physically present; |
|
|
(3) must be open to the public and audible to the |
|
|
public at the location specified in the notice under Subdivision |
|
|
(2); and |
|
|
(4) must provide two-way audio communication between |
|
|
all council members attending the meeting during the entire |
|
|
meeting, and if the two-way audio communication link with any |
|
|
member attending the meeting is disrupted at any time, the meeting |
|
|
may not continue until the two-way audio communication link is |
|
|
reestablished. |
|
|
(h) In addition to the duties under Section 421.045, the |
|
|
council shall: |
|
|
(1) use statistical analyses and other research |
|
|
methods to conduct an in-depth examination of border safety |
|
|
initiatives and programs in this state that includes: |
|
|
(A) an assessment of: |
|
|
(i) the efficiency and cost-effectiveness |
|
|
of the use of state and local funds in ensuring border safety; |
|
|
(ii) any duplication, overlap, and conflict |
|
|
between state-run border security programs; and |
|
|
(iii) the effectiveness of communication |
|
|
and coordination among state, local, and federal agencies |
|
|
responsible for or engaged in border security; |
|
|
(B) an identification of critical border safety |
|
|
problems; and |
|
|
(C) a determination of the state's long-range |
|
|
border safety needs; |
|
|
(2) identify and anticipate challenges and threats to |
|
|
agencies' operations along the Texas-Mexico border; |
|
|
(3) develop solutions to overcome the challenges and |
|
|
threats described by Subdivision (2); |
|
|
(4) identify strategic opportunities agencies may use |
|
|
to enhance the capabilities and effectiveness of their roles in |
|
|
this state's operations along the Texas-Mexico border; |
|
|
(5) recommend to the legislature and the governor: |
|
|
(A) strategies to solve the problems |
|
|
identified under Subdivision (1)(B); |
|
|
(B) policy priorities to address the |
|
|
long-range needs determined under Subdivision (1)(C); and |
|
|
(C) measures based on objective research |
|
|
and analysis to help guide state border safety policies; |
|
|
(6) advise the legislature and the governor regarding: |
|
|
(A) coordinating the goals and |
|
|
responsibilities for border security efforts of local and state |
|
|
agencies with jurisdiction over border security; |
|
|
(B) developing procedures for streamlining |
|
|
decision-making of local and state agencies with jurisdiction over |
|
|
border security; and |
|
|
(C) improving transparency of border |
|
|
security operations; and |
|
|
(7) advise and assist the legislature and the governor |
|
|
in developing plans, programs, and proposed legislation to improve |
|
|
the effectiveness of border safety initiatives and programs. |
|
|
(i) The council may hire staff or may contract with |
|
|
universities or other suitable entities to assist the council in |
|
|
carrying out the council's duties. Funding to support the operation |
|
|
of the council shall be provided from funds appropriated to the |
|
|
Texas Legislative Council. |
|
|
(j) Not later than January 1 of each odd-numbered year, the |
|
|
council shall submit to the legislature and the governor a report |
|
|
that contains the recommendations described by Subsection (h)(5). |
|
|
SECTION 3.02. Section 421.044, Government Code, is amended |
|
|
to read as follows: |
|
|
Sec. 421.044. COMPENSATION AND REIMBURSEMENT OF EXPENSES |
|
|
PROHIBITED. (a) A person who is a member of a permanent special |
|
|
advisory committee created under this subchapter is not entitled to |
|
|
receive: |
|
|
(1) compensation from this state for service on the |
|
|
committee; or |
|
|
(2) except as provided by Subsection (b), travel |
|
|
expenses incurred by the person while conducting the business of |
|
|
the committee. |
|
|
(b) A member of the Border Security Advisory Council created |
|
|
under Section 421.0425 is entitled to travel expenses described by |
|
|
Subsection (a)(2) as provided by the General Appropriations Act. |
|
|
ARTICLE 4. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES, |
|
|
EQUIPMENT, AND SERVICES IN THE BORDER REGION |
|
|
SECTION 4.01. Chapter 421, Government Code, is amended by |
|
|
adding Subchapter G to read as follows: |
|
|
SUBCHAPTER G. USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY |
|
|
Sec. 421.111. DEFINITIONS. In this subchapter: |
|
|
(1) "Border region" has the meaning assigned by |
|
|
Section 772.0071. |
|
|
(2) "Local government" means a municipality or county. |
|
|
(3) "Office" means the trusteed programs within the |
|
|
office of the governor. |
|
|
Sec. 421.112. USE OF CERTAIN FUNDS. (a) From money |
|
|
appropriated for that purpose, the office, as authorized by Chapter |
|
|
418, including Subchapter D of that chapter, shall make funds |
|
|
available to state agencies and local governments for the following |
|
|
purposes: |
|
|
(1) the construction and maintenance of facilities |
|
|
related to prosecuting and adjudicating offenses committed in the |
|
|
border region, including court facilities, processing facilities, |
|
|
detention facilities for persons who are 10 years of age or older, |
|
|
regardless of gender, criminal justice centers, and other similar |
|
|
facilities; |
|
|
(2) the payment of staff salaries and benefits and the |
|
|
payment of operational expenses related to providing law |
|
|
enforcement services; |
|
|
(3) the purchase or maintenance of equipment related |
|
|
to providing public health and safety services in the border |
|
|
region, including law enforcement services, communication |
|
|
services, and emergency services, to enhance the safety and |
|
|
security of the citizens of this state; |
|
|
(4) the construction and maintenance of temporary |
|
|
border security infrastructure, including temporary barriers, |
|
|
buoys, fences, wires, roads, trenches, surveillance technology, or |
|
|
other improvements, designed or adapted to surveil or impede the |
|
|
movement of persons or objects across the Texas-Mexico border at |
|
|
locations other than ports of entry; |
|
|
(5) the construction of improvements, including |
|
|
surveillance and detection technology, to an area in the immediate |
|
|
vicinity of a port of entry to enhance vehicle inspection |
|
|
capabilities and assist in the investigation, interdiction, and |
|
|
prosecution of persons smuggling individuals or contraband, |
|
|
including controlled substances, such as fentanyl, cocaine, |
|
|
heroin, and methamphetamine, across the Texas-Mexico border; and |
|
|
(6) the acquisition and construction of facilities, |
|
|
equipment and services to remove illegal immigrants from Texas. |
|
|
(7) the construction or improvement of roadways and |
|
|
similar transportation facilities in the border region that provide |
|
|
for detailed monitoring of commercial motor vehicles traveling |
|
|
along the roadways and facilities in any direction within 30 miles |
|
|
of a port of entry. |
|
|
Sec. 421.113. FEDERAL FUNDS; GIFTS, GRANTS, AND DONATIONS. |
|
|
In addition to funds appropriated by the legislature and for |
|
|
purposes of this subchapter, the office may: |
|
|
(1) seek and apply for any available federal funds; |
|
|
and |
|
|
(2) solicit and accept gifts, grants, and donations |
|
|
from any other source, public or private. |
|
|
Sec. 421.114. RULES. The office may adopt rules for the |
|
|
administration of this subchapter. |
|
|
Sec. 421.115. REPORTING REQUIREMENTS. (a) The recipient of |
|
|
funds for a purpose described by Section 421.112 shall submit to the |
|
|
office reports on an interval prescribed by the office regarding |
|
|
the use of the funds and any other issue related to the funds as |
|
|
determined by the office. |
|
|
(b) Funds received by a state agency for a purpose described |
|
|
by Section 421.112 are considered border security funding for |
|
|
purposes of reporting requirements in the General Appropriations |
|
|
Act. |
|
|
Sec. 421.116. ADMINISTRATIVE COSTS. Unless otherwise |
|
|
provided by the appropriation, the division may use a reasonable |
|
|
amount, not to exceed five percent, of any general revenue |
|
|
appropriated for purposes of this subchapter to pay the costs of |
|
|
administering this subchapter. |
|
|
SECTION 4.02. As soon as practicable after the effective |
|
|
date of this article, the office of the governor shall adopt rules |
|
|
as necessary to implement Subchapter G, Chapter 421, Government |
|
|
Code, as added by this article. |
|
|
ARTICLE 5. BORDER PROTECTION AGREEMENTS |
|
|
SECTION 5.01. (a) The legislature, acting with the |
|
|
governor, has the solemn duty to protect and defend the citizens of |
|
|
this state and maintain sovereignty over this state's borders. |
|
|
(b) An individual entering this state from a foreign country |
|
|
shall enter through a legal port of entry. |
|
|
SECTION 5.02. Title 7, Government Code, is amended by |
|
|
adding Chapter 795 to read as follows: |
|
|
CHAPTER 795. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN |
|
|
STATES |
|
|
Sec. 795.001. AUTHORITY FOR AGREEMENTS AND ENGAGEMENT WITH |
|
|
AUTHORITIES OF UNITED MEXICAN STATES. (a) On behalf of this state, |
|
|
the governor shall coordinate, develop, and execute agreements with |
|
|
the United Mexican States and the states of the United Mexican |
|
|
States regarding the authority of this state to protect and defend |
|
|
its citizens. |
|
|
(b) The governor may appoint a group of individuals |
|
|
responsible for meeting in person with the appropriate local, |
|
|
state, and federal authorities of the United Mexican States to |
|
|
coordinate, develop, and execute agreements under Subsection (a). |
|
|
The group appointed under this subsection may operate within the |
|
|
United Mexican States as practicable. |
|
|
ARTICLE 6. SEVERABILITY; EFFECTIVE DATE |
|
|
SECTION 6.01. It is the intent of the legislature that every |
|
|
provision, section, subsection, sentence, clause, phrase, or word |
|
|
in this Act, and every application of the provisions in this Act to |
|
|
every person, group of persons, or circumstances, is severable from |
|
|
each other. If any application of any provision in this Act to any |
|
|
person, group of persons, or circumstances is found by a court to be |
|
|
invalid for any reason, the remaining applications of that |
|
|
provision to all other persons and circumstances shall be severed |
|
|
and may not be affected. |
|
|
SECTION 6.02. 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 on the 91st day after the last day of |
|
|
the legislative session. |