84R9473 MCK-F
By: Workman H.B. No. 1450
A BILL TO BE ENTITLED
AN ACT
relating to creating the Texas Border Security Division.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. TEXAS BORDER SECURITY DIVISION
Sec. 411.0351. COMPOSITION; ORGANIZATION. (a) The Texas
Border Security Division is a tactical operations unit of the
department consisting of a division commander and the number of
commissioned officers authorized by the legislature. Officers are
entitled to compensation as provided by the legislature.
(b) The director, with the commission's approval, may
organize and maintain the Texas Border Security Division within:
(1) the Texas Rangers division; or
(2) another appropriate division of the department in
a region that includes:
(A) counties along the Texas-Mexico border; or
(B) counties subject to acute border-related
criminal activity.
Sec. 411.0352. POWERS AND DUTIES OF TEXAS BORDER SECURITY
DIVISION. The Texas Border Security Division shall:
(1) secure the Texas-Mexico border on a year-round
basis using strategic operations along the Texas-Mexico border;
(2) deny cartels, transnational gangs, and other
groups engaged in organized criminal activity the ability to:
(A) engage in cross-border illegal activity; and
(B) commit or attempt to commit crimes, including
heinous crimes, murder, attempted murder, kidnapping, human
trafficking, human smuggling, corruption, public corruption, drug
smuggling, drug trafficking, money laundering, conspiracy, and
gang-related crimes;
(3) collaborate and cooperate with and assist law
enforcement and homeland security partners in preventing,
responding to, or investigating crime or terrorism;
(4) collaborate and cooperate with and assist any
local law enforcement agency in the interdiction, investigation,
and prosecution of criminal activity in the Texas-Mexico border
region or in a county subject to border-related criminal activity;
(5) collaborate and cooperate with and assist district
attorneys, county attorneys, the Border Prosecution Unit, and other
prosecutors in the investigation and prosecution of allegations of
criminal activity in the Texas-Mexico border region or in a county
subject to border-related criminal activity; and
(6) collaborate and cooperate with and assist United
States Customs and Border Protection or any other appropriate
federal or state law enforcement agency in the investigation and
prosecution of criminal activity in the Texas-Mexico border region
or in a county subject to border-related criminal activity.
Sec. 411.0353. OFFICERS. (a) To be eligible for assignment
along the Texas-Mexico border, an officer of the Texas Border
Security Division must be certified under Section 1701.406,
Occupations Code.
(b) In hiring officers for the Texas Border Security
Division, the department shall give preference to individuals who:
(1) have served in the United States armed forces and
received an honorable discharge; or
(2) are, at the time of hiring, commissioned peace
officers.
Sec. 411.0354. USE OF DEPARTMENT PROPERTY. The Texas
Border Security Division may use department property, including
aviation, maritime, or technology assets or other assets, to
fulfill the purposes of this subchapter.
Sec. 411.0355. RECOVERY OF EXPENSES. The attorney general
shall seek reimbursement from any available federal funds for the
costs the department incurs in operating the Texas Border Security
Division.
Sec. 411.0356. SUNSET PROVISION. The Department of Public
Safety Texas Border Security Division is subject to Chapter 325
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the Department of Public Safety Texas Border Security
Division is abolished and this subchapter expires September 1,
2019.
SECTION 2. Subchapter I, Chapter 1701, Occupations Code, is
amended by adding Section 1701.406 to read as follows:
Sec. 1701.406. CERTIFICATION OF OFFICERS FOR ASSIGNMENT
ALONG TEXAS-MEXICO BORDER. (a) The commission by rule shall
establish minimum requirements for the training, testing, and
certification of peace officers for assignment along the
Texas-Mexico border.
(b) The commission may certify a peace officer as an officer
for assignment along the Texas-Mexico border if the person:
(1) completes a training course approved by the
commission in issues relating to criminal activity occurring along
the Texas-Mexico border; and
(2) passes an examination administered by the
commission that is designed to test the person's knowledge in
issues relating to criminal activity occurring along the
Texas-Mexico border.
(c) The commission may issue a professional achievement or
proficiency certificate to a peace officer who meets the
requirements of Subsection (b).
(d) The training course required by Subsection (b)(1) must
consist of not less than 80 hours.
SECTION 3. If this Act takes effect immediately, the Texas
Department of Public Safety may use any money appropriated to the
department for the fiscal year ending August 31, 2015, for the
purposes of this Act.
SECTION 4. 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, 2015.