Texas 2015 - 84th Regular

Texas House Bill HB1450 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9473 MCK-F
2	2	By: Workman H.B. No. 1450
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to creating the Texas Border Security Division.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 411, Government Code, is amended by
10	10	adding Subchapter C-1 to read as follows:
11	11	SUBCHAPTER C-1. TEXAS BORDER SECURITY DIVISION
12	12	Sec. 411.0351. COMPOSITION; ORGANIZATION. (a) The Texas
13	13	Border Security Division is a tactical operations unit of the
14	14	department consisting of a division commander and the number of
15	15	commissioned officers authorized by the legislature. Officers are
16	16	entitled to compensation as provided by the legislature.
17	17	(b) The director, with the commission's approval, may
18	18	organize and maintain the Texas Border Security Division within:
19	19	(1) the Texas Rangers division; or
20	20	(2) another appropriate division of the department in
21	21	a region that includes:
22	22	(A) counties along the Texas-Mexico border; or
23	23	(B) counties subject to acute border-related
24	24	criminal activity.
25	25	Sec. 411.0352. POWERS AND DUTIES OF TEXAS BORDER SECURITY
26	26	DIVISION. The Texas Border Security Division shall:
27	27	(1) secure the Texas-Mexico border on a year-round
28	28	basis using strategic operations along the Texas-Mexico border;
29	29	(2) deny cartels, transnational gangs, and other
30	30	groups engaged in organized criminal activity the ability to:
31	31	(A) engage in cross-border illegal activity; and
32	32	(B) commit or attempt to commit crimes, including
33	33	heinous crimes, murder, attempted murder, kidnapping, human
34	34	trafficking, human smuggling, corruption, public corruption, drug
35	35	smuggling, drug trafficking, money laundering, conspiracy, and
36	36	gang-related crimes;
37	37	(3) collaborate and cooperate with and assist law
38	38	enforcement and homeland security partners in preventing,
39	39	responding to, or investigating crime or terrorism;
40	40	(4) collaborate and cooperate with and assist any
41	41	local law enforcement agency in the interdiction, investigation,
42	42	and prosecution of criminal activity in the Texas-Mexico border
43	43	region or in a county subject to border-related criminal activity;
44	44	(5) collaborate and cooperate with and assist district
45	45	attorneys, county attorneys, the Border Prosecution Unit, and other
46	46	prosecutors in the investigation and prosecution of allegations of
47	47	criminal activity in the Texas-Mexico border region or in a county
48	48	subject to border-related criminal activity; and
49	49	(6) collaborate and cooperate with and assist United
50	50	States Customs and Border Protection or any other appropriate
51	51	federal or state law enforcement agency in the investigation and
52	52	prosecution of criminal activity in the Texas-Mexico border region
53	53	or in a county subject to border-related criminal activity.
54	54	Sec. 411.0353. OFFICERS. (a) To be eligible for assignment
55	55	along the Texas-Mexico border, an officer of the Texas Border
56	56	Security Division must be certified under Section 1701.406,
57	57	Occupations Code.
58	58	(b) In hiring officers for the Texas Border Security
59	59	Division, the department shall give preference to individuals who:
60	60	(1) have served in the United States armed forces and
61	61	received an honorable discharge; or
62	62	(2) are, at the time of hiring, commissioned peace
63	63	officers.
64	64	Sec. 411.0354. USE OF DEPARTMENT PROPERTY. The Texas
65	65	Border Security Division may use department property, including
66	66	aviation, maritime, or technology assets or other assets, to
67	67	fulfill the purposes of this subchapter.
68	68	Sec. 411.0355. RECOVERY OF EXPENSES. The attorney general
69	69	shall seek reimbursement from any available federal funds for the
70	70	costs the department incurs in operating the Texas Border Security
71	71	Division.
72	72	Sec. 411.0356. SUNSET PROVISION. The Department of Public
73	73	Safety Texas Border Security Division is subject to Chapter 325
74	74	(Texas Sunset Act). Unless continued in existence as provided by
75	75	that chapter, the Department of Public Safety Texas Border Security
76	76	Division is abolished and this subchapter expires September 1,
77	77	2019.
78	78	SECTION 2. Subchapter I, Chapter 1701, Occupations Code, is
79	79	amended by adding Section 1701.406 to read as follows:
80	80	Sec. 1701.406. CERTIFICATION OF OFFICERS FOR ASSIGNMENT
81	81	ALONG TEXAS-MEXICO BORDER. (a) The commission by rule shall
82	82	establish minimum requirements for the training, testing, and
83	83	certification of peace officers for assignment along the
84	84	Texas-Mexico border.
85	85	(b) The commission may certify a peace officer as an officer
86	86	for assignment along the Texas-Mexico border if the person:
87	87	(1) completes a training course approved by the
88	88	commission in issues relating to criminal activity occurring along
89	89	the Texas-Mexico border; and
90	90	(2) passes an examination administered by the
91	91	commission that is designed to test the person's knowledge in
92	92	issues relating to criminal activity occurring along the
93	93	Texas-Mexico border.
94	94	(c) The commission may issue a professional achievement or
95	95	proficiency certificate to a peace officer who meets the
96	96	requirements of Subsection (b).
97	97	(d) The training course required by Subsection (b)(1) must
98	98	consist of not less than 80 hours.
99	99	SECTION 3. If this Act takes effect immediately, the Texas
100	100	Department of Public Safety may use any money appropriated to the
101	101	department for the fiscal year ending August 31, 2015, for the
102	102	purposes of this Act.
103	103	SECTION 4. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2015.