82R10645 MAW-D
By: Watson S.B. No. 1649
A BILL TO BE ENTITLED
AN ACT
relating to a grant program to support the prosecution of certain
crimes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 772, Government Code, is amended by
adding Section 772.0071 to read as follows:
Sec. 772.0071. PROSECUTION OF BORDER CRIME GRANT PROGRAM.
(a) In this section:
(1) "Border crime" means any crime that occurs in the
border region and that undermines public safety or security,
including an offense:
(A) during the prosecution of which an
affirmative finding may be requested under Section 3g(a)(2),
Article 42.12, Code of Criminal Procedure;
(B) under Chapter 19, 20, 20A, 46, or 71, Penal
Code;
(C) under Title 7 or 8, Penal Code;
(D) under Chapter 481, Health and Safety Code;
(E) committed by a person who is not a citizen or
national of the United States and is not lawfully present in the
United States; or
(F) that is coordinated with or related to
activities or crimes that occur or are committed in the United
Mexican States.
(2) "Border region" means the portion of this state
that is located in a county:
(A) that is adjacent to an international border;
(B) in which a border checkpoint is located; or
(C) that includes a major geographic area in
which offenses under Section 20A.02, Penal Code, or offenses of a
transnational character are committed, as determined by the
criminal justice division.
(3) "Criminal justice division" means the criminal
justice division established under Section 772.006.
(4) "Eligible prosecuting attorney" means an attorney
in a border region who represents the state in the prosecution of
felonies.
(b) The criminal justice division shall establish and
administer a competitive grant program through which an eligible
prosecuting attorney or the attorney's office may apply for a grant
to support the prosecution of border crime in a county or counties
under the jurisdiction of the attorney.
(c) The criminal justice division shall establish:
(1) additional eligibility criteria for grant
applicants;
(2) grant application procedures;
(3) guidelines relating to grant amounts;
(4) procedures for evaluating grant applications; and
(5) procedures for monitoring the use of a grant
awarded under the program and ensuring compliance with any
conditions of a grant.
(d) Money in the fugitive apprehension account may be
appropriated only to the criminal justice division for the purpose
of awarding grants under this section. The account is exempt from
the application of Section 403.095.
(e) The criminal justice division shall include in the
biennial report required by Section 772.006(a)(9) a detailed
reporting of the results and performance of the grant program
administered under this section.
SECTION 2. Section 411.0091(c), Government Code, is
repealed.
SECTION 3. Not later than October 1, 2011, the criminal
justice division of the governor's office shall establish the
prosecution of border crime grant program required by Section
772.0071, Government Code, as added by this Act, and, not later than
January 1, 2012, shall award the first grants under that program.
SECTION 4. This Act takes effect September 1, 2011.