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SENATE BILL 257
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Anthony L. Thornton and Pat Boone and James G. Townsend
and Candy Spence Ezzell and Nicholas A. Paul
AN ACT
RELATING TO BORDER SECURITY; CREATING THE OFFICE OF BORDER
SECURITY; PROVIDING POWERS AND DUTIES; ALLOWING FOR THE
EXERCISE OF EMINENT DOMAIN; CREATING THE BORDER SECURITY FUND;
MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Border Security Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Border Security Act:
A. "border fence" means a physical barrier and
related infrastructure closing the open border between New
Mexico and the country of Mexico;
B. "director" means the director of the office of
border security;
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C. "fund" means the border security fund;
D. "office" means the office of border security;
and
E. "security" means border security operations.
SECTION 3. [NEW MATERIAL] OFFICE OF BORDER SECURITY
CREATED--DIRECTOR--STAFF--POWERS AND DUTIES.--
A. The "office of border security" is created as an
adjunct agency pursuant to the Executive Reorganization Act.
B. The governor shall appoint a director with the
advice and consent of the senate.
C. Subject to appropriations, the director may
appoint a deputy director.
D. Subject to appropriations, the director may
employ professional and clerical staff as provided in the
Personnel Act.
E. The office may:
(1) exercise the power of eminent domain as
provided by law for the condemnation of private property for
public use with just compensation; and
(2) enter into joint powers agreements with
the federal government.
F. The office shall coordinate collaborative
efforts between the federal government and local governments
for the construction, security and maintenance of a border
fence.
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SECTION 4. [NEW MATERIAL] BORDER SECURITY FUND CREATED.--
A. The "border security fund" is created as a
nonreverting fund in the state treasury. The fund consists of
appropriations, gifts, grants and donations to the fund. Money
in the fund is subject to appropriation by the legislature to
carry out the provisions of the Border Security Act.
B. Money in the fund shall be disbursed on warrants
signed by the secretary of finance and administration pursuant
to vouchers signed by the director or the director's authorized
representative.
SECTION 5. APPROPRIATIONS.--
A. Four million dollars ($4,000,000) is
appropriated from the general fund to the office of border
security for expenditure in fiscal years 2026 through 2029 to
coordinate collaborative efforts between the federal government
and local governments for the construction of a fence at the
border of New Mexico and the country of Mexico. Any unexpended
or unencumbered balance remaining at the end of fiscal year
2029 shall revert to the general fund.
B. Two million dollars ($2,000,000) is appropriated
from the general fund to the office of border security for
expenditure in fiscal years 2026 through 2029 for operational
expenses, including establishing the office of border security,
personnel, office space, furniture, equipment and supplies.
Any unexpended or unencumbered balance remaining at the end of
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fiscal year 2029 shall revert to the general fund.
SECTION 6. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect immediately.
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