81R11433 BEF-D
By: Farrar H.B. No. 4092
A BILL TO BE ENTITLED
AN ACT
relating to grants for homeland security and border security
purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0133 to read as follows:
Sec. 411.0133. HOMELAND SECURITY AND BORDER SECURITY
GRANTS. (a) Notwithstanding any other law, including Section
772.006, the department is the only entity of state government that
may select the recipient of state or federal funds granted by the
state for homeland security or border security purposes.
(b) Another state entity with state or federal funds to be
granted for homeland security or border security purposes shall:
(1) remit the funds to the department, which shall
administer the grant; or
(2) notify the department and award the grant to the
person selected by the department.
(c) The department by rule shall adopt a formula for
selecting the recipients of grants for homeland security and border
security purposes. The formula must fully consider the needs of the
communities or entities applying for the grants and must give
emphasis to:
(1) the quality of homeland security or border
security information collected by applicants;
(2) the number of suspects with authority in a
criminal enterprise apprehended by the applicants; and
(3) the amount, measured by weight, of illegal
substances seized by the applicants.
(d) The department may not award a grant using a method
other than the formula under Subsection (c).
(e) Not later than December 1 of each year, the department
shall submit a report to the governor, lieutenant governor, speaker
of the house of representatives, and members of the legislature
regarding the department's activities under this section during the
preceding state fiscal year.
SECTION 2. Sections 421.0025(b) and (c), Government Code,
are amended to read as follows:
(b) The Border Security Council shall develop and recommend
to the Department of Public Safety of the State of Texas [office of
the governor] performance standards, reporting requirements, audit
methods, and other procedures to ensure that funds allocated by the
department [office of the governor] for purposes related to
security at or near this state's international border are used
properly and that the recipients of the funds are accountable for
the proper use of the funds.
(c) The Border Security Council shall advise the Department
of Public Safety of the State of Texas [office of the governor]
regarding the allocation of funds by the department [office] for
purposes related to security at or near this state's international
border. Recommendations relating to the allocation of those funds
must be made by a majority of the members of the council.
SECTION 3. The heading to Subchapter D, Chapter 421,
Government Code, is amended to read as follows:
SUBCHAPTER D. COOPERATION AND ASSISTANCE[; FUNDING]
SECTION 4. Section 421.072, Government Code, is repealed.
SECTION 5. This Act takes effect September 1, 2009.