By: Watson, Davis S.B. No. 1649
(In the Senate - Filed March 11, 2011; March 23, 2011, read
first time and referred to Committee on Transportation and Homeland
Security; April 28, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
April 28, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1649 By: Watson
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) not otherwise described by Paragraph (A) or
(B) if any portion of the county is located within a judicial
district that:
(i) contains any portion of a county
described by Paragraph (A) or (B); or
(ii) is adjacent to a judicial district
that contains any portion of a county described by Paragraph (A) or
(B).
(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 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) Undedicated and unobligated funds in the operators and
chauffeurs license 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. 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 September 1, 2011.
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