84R17783 KJE-F
By: Longoria, Thompson of Harris, Phillips, H.B. No. 12
Bonnen of Galveston
Substitute the following for H.B. No. 12:
By: Phillips C.S.H.B. No. 12
A BILL TO BE ENTITLED
AN ACT
relating to the border prosecution unit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 41, Government Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. BORDER PROSECUTION UNIT
Sec. 41.351. DEFINITIONS. In this subchapter:
(1) "Board of directors" means the board of directors
of the unit.
(2) "Border crime" and "border region" have the
meanings assigned by Section 772.0071.
(3) "Border prosecuting attorney" means a prosecuting
attorney in a border region who represents the state in the
prosecution of felony border crimes.
(4) "Executive board" means the executive board
governing the board of directors of the unit.
(5) "Prosecuting attorney" means a district attorney,
criminal district attorney, or county attorney with felony criminal
jurisdiction.
(6) "Unit" means the border prosecution unit.
Sec. 41.352. GENERAL FUNCTION OF BORDER PROSECUTION UNIT.
The border prosecution unit is an independent unit that cooperates
with and supports border prosecuting attorneys in prosecuting
border crime.
Sec. 41.353. BOARD OF DIRECTORS. (a) The unit is governed
by a board of directors composed of the following prosecuting
attorneys:
(1) the district attorney for the 34th Judicial
District;
(2) the district attorney for the 38th Judicial
District;
(3) the district attorney for the 49th Judicial
District;
(4) the district attorney for the 63rd Judicial
District;
(5) the district attorney for the 79th Judicial
District;
(6) the district attorney for the 81st Judicial
District;
(7) the district attorney for the 83rd Judicial
District;
(8) the district attorney for the 112th Judicial
District;
(9) the district attorney for the 143rd Judicial
District;
(10) the district attorney for the 156th Judicial
District;
(11) the district attorney for the 229th Judicial
District;
(12) the district attorney for the 293rd Judicial
District;
(13) the district attorney for the 452nd Judicial
District;
(14) the criminal district attorney for Hidalgo
County;
(15) the county attorney with felony criminal
jurisdiction for Cameron County;
(16) the district attorney for Kleberg and Kenedy
Counties;
(17) the county attorney with felony criminal
jurisdiction for Willacy County; and
(18) any other prosecuting attorney who represents the
state in the prosecution of felonies for a judicial district that is
created by the legislature in the border region.
(b) A prosecuting attorney described by Subsection (a)
shall serve on the board of directors in addition to the other
duties of the prosecuting attorney assigned by law.
(c) The board of directors shall meet annually for the
purpose of electing the executive board and approving or amending
bylaws governing the unit.
(d) A majority of the members of the board of directors
constitutes a quorum for the transaction of business. The board of
directors must approve any action by a majority vote of the members
present.
(e) The board of directors shall divide the border region
into three subregions and shall set the boundaries of the
subregions as necessary.
(f) Each member of the board of directors shall enter into a
memorandum of understanding with the unit to collaborate and
cooperate in the prosecution of border crime.
Sec. 41.354. EXECUTIVE BOARD; DUTIES, AUTHORITY, AND
GOVERNANCE. (a) The board of directors is governed by an executive
board composed of seven members elected by the membership of the
board of directors, as follows:
(1) six members of the executive board shall be
elected to represent the subregions established under Section
41.353(e), with two members from each subregion elected by a
majority vote of the members of the board of directors whose
jurisdiction is located in that subregion; and
(2) one member of the executive board shall be elected
by a majority vote of all members of the board of directors.
(b) The board of directors shall establish procedures for
the election of the members of the executive board.
(c) Members of the executive board shall serve terms of two
years expiring January 1 of each odd-numbered year.
(d) If a vacancy on the executive board occurs before the
end of the vacating member's term, the executive board shall elect a
person to serve the remainder of the term. To be eligible for
election under this subsection, a person must meet any
qualifications required of the vacating member for service on the
executive board.
(e) The executive board shall conduct the business of the
unit.
(f) A majority of the members of the executive board
constitutes a quorum for the purpose of transacting business. The
executive board must approve any action by a majority vote of the
members present.
Sec. 41.355. OFFICERS. (a) The members of the board of
directors, on a majority vote, shall elect from among the
membership of the executive board a presiding officer and an
assistant presiding officer. The presiding officer serves as the
presiding officer of the board of directors and the executive
board, and the assistant presiding officer serves as the assistant
presiding officer of the board of directors and the executive
board.
(b) The presiding officer and the assistant presiding
officer serve terms of one year.
(c) The assistant presiding officer serves as presiding
officer of the board of directors and the executive board in the
presiding officer's absence or if a vacancy occurs in that office
until a new presiding officer is elected as provided by Subsection
(d).
(d) If a vacancy occurs in the office of presiding officer
or assistant presiding officer before the end of the vacating
officer's term, the executive board shall elect a person to serve
the remainder of the term.
Sec. 41.356. MEMBERSHIP ON BOARD OF DIRECTORS OR EXECUTIVE
BOARD NOT A CIVIL OFFICE OF EMOLUMENT. A position on the board of
directors or the executive board may not be construed to be a civil
office of emolument for any purpose, including those purposes
described in Section 40, Article XVI, Texas Constitution.
Sec. 41.357. REIMBURSEMENT FOR EXPENSES. A member of the
board of directors or executive board is not entitled to
compensation for service on the board of directors or executive
board, if applicable, but is entitled to be reimbursed for
necessary expenses incurred in carrying out the duties and
responsibilities of a member of the board of directors or the
executive board, if applicable, as provided by the General
Appropriations Act.
Sec. 41.358. UNIT ADMINISTRATOR; REGIONAL COUNSEL;
ADDITIONAL EMPLOYEES. (a) The executive board may employ a person
to serve as administrator of the unit and shall set the salary and
benefits of the administrator.
(b) The executive board shall employ one or more attorneys
as regional counsel for each subregion and shall set the salary and
benefits of each regional counsel.
(c) The executive board may employ additional employees
necessary for the discharge of the duties of the unit and shall
determine the compensation of those employees.
Sec. 41.359. DUTIES OF UNIT. (a) The unit, in
collaboration with the Department of Public Safety, shall assist
and support the members of the board of directors in the prosecution
of border crime, including by providing border prosecuting
attorneys, investigative and support staff, and other resources.
(b) The unit shall solicit requests for proposals from each
member of the board of directors to provide funding for the member
to employ one or more border prosecuting attorneys, to employ
investigative and support staff, and to provide other resources.
The unit shall review each request and make recommendations to the
criminal justice division of the governor's office regarding the
distribution of grant money under the prosecution of border crime
grant program established under Section 772.0071. A member of the
board who employs a border prosecuting attorney or investigative or
support staff shall set the salary and benefits of the attorney or
staff member.
(c) The unit may solicit requests for proposals from, and
make recommendations under Subsection (b) regarding the
distribution of grant money to, a prosecuting attorney who serves a
county or counties that are not located in the border region if the
Department of Public Safety determines that the county or counties
served by the attorney are significantly affected by border crime.
(d) The unit shall facilitate the coordination and
collaboration of the members of the board of directors with the
regional counsel employed by the unit and with other law
enforcement agencies, including the Department of Public Safety, in
the investigation and prosecution of border crime.
(e) The unit shall develop a nonexclusive list of offenses
not otherwise described by Section 772.0071(a)(1) that constitute
border crime to provide guidance and enhance uniformity in the
investigation and prosecution of border crime.
(f) The unit shall serve as a clearinghouse for information
related to the investigation and prosecution of border crime and
shall develop best practices and guidelines, including best
practices for the collection and protection of confidential law
enforcement information regarding each subregion.
(g) The unit shall assist in developing a training program
and providing training to prosecuting attorneys and law enforcement
agencies in the border region on specific issues and techniques
relating to the investigation and prosecution of border crime.
Sec. 41.360. DUTIES OF REGIONAL COUNSEL. (a) An attorney
employed as regional counsel for the unit shall assist the members
of the board of directors, border prosecuting attorneys, and other
regional counsel, as needed, in:
(1) the prosecution of border crime;
(2) the screening of cases involving border crime;
(3) the presenting of cases involving border crime to
a grand jury; and
(4) the preparation and trial of cases involving
border crime.
(b) The regional counsel shall serve as a liaison between
the members of the board of directors and other criminal justice
entities, including the Department of Public Safety and federal,
state, and local prosecutors and law enforcement agencies located
in the border region, by:
(1) working closely with those entities, as needed, to
coordinate and assist in the investigation and prosecution of
border crime; and
(2) attending multiagency task force hearings and
meetings held by federal, state, and local prosecutors and law
enforcement agencies on the investigation and prosecution of border
crime.
(c) The regional counsel shall provide legal and technical
assistance to law enforcement agencies investigating border crime,
including by:
(1) providing legal advice and recommendations
regarding Fourth Amendment search and seizure issues, relevant
statutes, and case law;
(2) drafting and reviewing affidavits requesting the
issuance of search warrants, wiretap orders, pen register and trap
and trace orders, mobile tracking device orders, and similar court
orders; and
(3) drafting requests for court orders authorizing:
(A) the interception of oral, wire, and
electronic communications;
(B) the installation and use of a pen register or
trap and trace device;
(C) the disclosure of subscriber or customer
records and information; and
(D) other similar court orders that are required
to be filed by a prosecutor.
(d) The regional counsel shall coordinate training with the
unit for members of the board of directors and law enforcement
agencies, including by:
(1) assisting in identifying training needs in the
subregion in which the member's office or the agency is located;
(2) assisting in the development of training curricula
and guidelines for the investigation and prosecution of border
crime; and
(3) participating in and hosting training
presentations and sessions in each subregion.
(e) The regional counsel shall provide legal and technical
assistance to border prosecuting attorneys, including by:
(1) performing legal research relating to
investigating and prosecuting border crime, if requested; and
(2) coordinating with border prosecuting attorneys
and law enforcement agencies to identify experts in the
investigation and prosecution of complex, long-term cases against
organized criminal enterprises.
Sec. 41.361. GIFTS AND GRANTS. The unit may apply for and
accept gifts, grants, and donations from any organization described
in Section 501(c)(3) or (4) of the Internal Revenue Code of 1986 for
the purposes of funding any activity of the unit under this
subchapter. The unit may apply for and accept grants under federal
and state programs.
SECTION 2. Sections 772.0071(a)(1) and (2), Government
Code, are amended to read as follows:
(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, 21, 22, 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 that:
(A) is adjacent to[:
[(A)] an international border; [or]
(B) is adjacent to a county described by
Paragraph (A); or
(C) is served by a prosecuting attorney whose
jurisdiction includes a county described by Paragraph (A) or (B).
SECTION 3. Section 772.0071(d), Government Code, is
repealed.
SECTION 4. This Act takes effect September 1, 2015.