Texas 2015 - 84th Regular

Texas House Bill HB3037 Compare Versions

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

Old	New	Differences
1	1	84R9689 KJE-F
2	2	By: Longoria H.B. No. 3037
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the border prosecution unit.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 41, Government Code, is amended by
10	10	adding Subchapter F to read as follows:
11	11	SUBCHAPTER F. BORDER PROSECUTION UNIT
12	12	Sec. 41.351. DEFINITIONS. In this subchapter:
13	13	(1) "Board of directors" means the board of directors
14	14	of the unit.
15	15	(2) "Border crime" means any crime that occurs in the
16	16	border region and that undermines public safety or security,
17	17	including an offense:
18	18	(A) during the prosecution of which an
19	19	affirmative finding may be requested under Section 3g(a)(2),
20	20	Article 42.12, Code of Criminal Procedure;
21	21	(B) under Chapter 19, 20, 20A, 46, or 71, Penal
22	22	Code;
23	23	(C) under Title 7 or 8, Penal Code;
24	24	(D) under Chapter 481, Health and Safety Code;
25	25	(E) committed by a person who is not a citizen or
26	26	national of the United States and is not lawfully present in the
27	27	United States; or
28	28	(F) that is coordinated with or related to
29	29	activities or crimes that occur or are committed in the United
30	30	Mexican States.
31	31	(3) "Border prosecuting attorney" means an attorney in
32	32	a border region who represents the state solely or primarily in the
33	33	prosecution of border crime.
34	34	(4) "Border region" means the portion of this state
35	35	that is located in a county that is adjacent to an international
36	36	border and any county in which a prosecuting attorney listed in
37	37	Section 41.353(a) serves.
38	38	(5) "Executive board" means the executive board
39	39	governing the board of directors of the unit.
40	40	(6) "Prosecuting attorney" means a county attorney,
41	41	district attorney, or criminal district attorney.
42	42	(7) "Unit" means the border prosecution unit.
43	43	Sec. 41.352. GENERAL FUNCTION OF BORDER PROSECUTION UNIT.
44	44	The border prosecution unit is an independent unit that cooperates
45	45	with and supports border prosecuting attorneys in prosecuting
46	46	border crime.
47	47	Sec. 41.353. BOARD OF DIRECTORS. (a) The unit is governed
48	48	by a board of directors composed of the following prosecuting
49	49	attorneys:
50	50	(1) the district attorney for the 34th Judicial
51	51	District;
52	52	(2) the district attorney for the 38th Judicial
53	53	District;
54	54	(3) the district attorney for the 49th Judicial
55	55	District;
56	56	(4) the district attorney for the 63rd Judicial
57	57	District;
58	58	(5) the district attorney for the 79th Judicial
59	59	District;
60	60	(6) the district attorney for the 81st Judicial
61	61	District;
62	62	(7) the district attorney for the 83rd Judicial
63	63	District;
64	64	(8) the district attorney for the 112th Judicial
65	65	District;
66	66	(9) the district attorney for the 143rd Judicial
67	67	District;
68	68	(10) the district attorney for the 156th Judicial
69	69	District;
70	70	(11) the district attorney for the 229th Judicial
71	71	District;
72	72	(12) the district attorney for the 293rd Judicial
73	73	District;
74	74	(13) the district attorney for the 452nd Judicial
75	75	District;
76	76	(14) the criminal district attorney for Hidalgo
77	77	County;
78	78	(15) the district attorney for Cameron County;
79	79	(16) the district attorney for Kleberg and Kenedy
80	80	Counties;
81	81	(17) the district attorney for Willacy County; and
82	82	(18) any other prosecuting attorney who represents the
83	83	state in the prosecution of felonies for a judicial district that is
84	84	created by the legislature in the border region.
85	85	(b) A prosecuting attorney described by Subsection (a)
86	86	shall serve on the board of directors in addition to the other
87	87	duties of the prosecuting attorney assigned by law.
88	88	(c) The board of directors shall meet annually for the
89	89	purpose of electing the executive board and approving or amending
90	90	bylaws governing the unit.
91	91	(d) A majority of the members of the board of directors
92	92	constitutes a quorum for the transaction of business. The board of
93	93	directors must approve any action by a majority vote of the members
94	94	present.
95	95	(e) The board of directors shall divide the border region
96	96	into three subregions and shall set the boundaries of the
97	97	subregions as necessary.
98	98	(f) Each member of the board of directors shall enter into a
99	99	memorandum of understanding with the unit to collaborate and
100	100	cooperate in the prosecution of border crime.
101	101	Sec. 41.354. EXECUTIVE BOARD; DUTIES, AUTHORITY, AND
102	102	GOVERNANCE. (a) The board of directors is governed by an executive
103	103	board composed of seven members elected by the membership of the
104	104	board of directors, as follows:
105	105	(1) six members of the executive board shall be
106	106	elected to represent the subregions established under Section
107	107	41.353(e), with two members from each subregion elected by a
108	108	majority vote of the members of the board of directors whose
109	109	jurisdiction is located in that subregion; and
110	110	(2) one member of the executive board shall be elected
111	111	by a majority vote of all members of the board of directors.
112	112	(b) The board of directors shall establish procedures for
113	113	the election of the members of the executive board.
114	114	(c) Members of the executive board shall serve terms of two
115	115	years expiring January 1 of each odd-numbered year.
116	116	(d) If a vacancy on the executive board occurs before the
117	117	end of the vacating member's term, the executive board shall elect a
118	118	person to serve the remainder of the term. To be eligible for
119	119	election under this subsection, a person must meet any
120	120	qualifications required of the vacating member for service on the
121	121	executive board.
122	122	(e) The executive board shall conduct the business of the
123	123	unit.
124	124	(f) A majority of the members of the executive board
125	125	constitutes a quorum for the purpose of transacting business. The
126	126	executive board must approve any action by a majority vote of the
127	127	members present.
128	128	Sec. 41.355. OFFICERS. (a) The members of the board of
129	129	directors, on a majority vote, shall elect from among the
130	130	membership of the executive board a presiding officer and an
131	131	assistant presiding officer. The presiding officer serves as the
132	132	presiding officer of the board of directors and the executive
133	133	board, and the assistant presiding officer serves as the assistant
134	134	presiding officer of the board of directors and the executive
135	135	board.
136	136	(b) The presiding officer and the assistant presiding
137	137	officer serve terms of one year.
138	138	(c) The assistant presiding officer serves as presiding
139	139	officer of the board of directors and the executive board in the
140	140	presiding officer's absence or if a vacancy occurs in that office
141	141	until a new presiding officer is elected as provided by Subsection
142	142	(d).
143	143	(d) If a vacancy occurs in the office of presiding officer
144	144	or assistant presiding officer before the end of the vacating
145	145	officer's term, the executive board shall elect a person to serve
146	146	the remainder of the term.
147	147	Sec. 41.356. MEMBERSHIP ON BOARD OF DIRECTORS OR EXECUTIVE
148	148	BOARD NOT A CIVIL OFFICE OF EMOLUMENT. A position on the board of
149	149	directors or the executive board may not be construed to be a civil
150	150	office of emolument for any purpose, including those purposes
151	151	described in Section 40, Article XVI, Texas Constitution.
152	152	Sec. 41.357. REIMBURSEMENT FOR EXPENSES. A member of the
153	153	board of directors or executive board is not entitled to
154	154	compensation for service on the board of directors or executive
155	155	board, if applicable, but is entitled to be reimbursed for
156	156	necessary expenses incurred in carrying out the duties and
157	157	responsibilities of a member of the board of directors and the
158	158	executive board, if applicable, as provided by the General
159	159	Appropriations Act.
160	160	Sec. 41.358. UNIT ADMINISTRATOR; REGIONAL COUNSEL;
161	161	ADDITIONAL EMPLOYEES. (a) The executive board shall employ a
162	162	person to serve as administrator of the unit and shall set the
163	163	salary and benefits of the administrator.
164	164	(b) The executive board shall employ one or more attorneys
165	165	as regional counsel for each subregion and shall set the salary and
166	166	benefits of each regional counsel.
167	167	(c) The executive board may employ additional employees
168	168	necessary for the discharge of the duties of the unit and shall
169	169	determine the compensation of those employees.
170	170	Sec. 41.359. DUTIES OF UNIT. (a) The unit, in
171	171	collaboration with the Department of Public Safety, shall assist
172	172	and support the members of the board of directors in the prosecution
173	173	of border crime, including by providing border prosecuting
174	174	attorneys and investigative resources.
175	175	(b) The unit shall enter into a memorandum of understanding
176	176	with each member of the board of directors to provide funding for
177	177	the member to employ one or more border prosecuting attorneys. A
178	178	member of the board who employs a border prosecuting attorney shall
179	179	set the salary and benefits of the attorney.
180	180	(c) The unit may enter into a memorandum of understanding
181	181	under Subsection (b) with the prosecuting attorney for a judicial
182	182	district that is not located in the border region if the Department
183	183	of Public Safety determines that the judicial district is
184	184	significantly affected by border crime.
185	185	(d) The unit shall facilitate the coordination and
186	186	collaboration of the members of the board of directors with the
187	187	regional counsel employed by the unit and with other law
188	188	enforcement agencies, including the Department of Public Safety, in
189	189	the investigation and prosecution of border crime.
190	190	(e) The unit shall develop a nonexclusive list of offenses
191	191	not otherwise described by Section 41.351(2) that constitute border
192	192	crime to provide guidance and enhance uniformity in the
193	193	investigation and prosecution of border crime.
194	194	(f) The unit shall serve as a clearinghouse for information
195	195	related to the investigation and prosecution of border crime and
196	196	shall develop best practices and guidelines, including best
197	197	practices for the collection and protection of confidential law
198	198	enforcement information regarding each subregion.
199	199	(g) The unit shall assist in developing a training program
200	200	and providing training to prosecuting attorneys and law enforcement
201	201	agencies in the border region on specific issues and techniques
202	202	relating to the investigation and prosecution of border crime.
203	203	Sec. 41.360. DUTIES OF REGIONAL COUNSEL. (a) An attorney
204	204	employed as regional counsel for the unit shall assist the members
205	205	of the board of directors, border prosecuting attorneys, and other
206	206	regional counsel, as needed, in:
207	207	(1) the prosecution of border crime;
208	208	(2) the screening of cases involving border crime;
209	209	(3) the presenting of cases involving border crime to
210	210	a grand jury; and
211	211	(4) the preparation and trial of cases involving
212	212	border crime.
213	213	(b) The regional counsel shall serve as a liaison between
214	214	the members of the board of directors and other criminal justice
215	215	entities, including the Department of Public Safety and federal,
216	216	state, and local prosecutors and law enforcement agencies located
217	217	in the border region, by:
218	218	(1) working closely with those entities, as needed, to
219	219	coordinate and assist in the investigation and prosecution of
220	220	border crime; and
221	221	(2) attending multiagency task force hearings and
222	222	meetings held by federal, state, and local prosecutors and law
223	223	enforcement agencies on the investigation and prosecution of border
224	224	crime.
225	225	(c) The regional counsel shall provide legal and technical
226	226	assistance to law enforcement agencies investigating border crime,
227	227	including by:
228	228	(1) providing legal advice and recommendations
229	229	regarding Fourth Amendment search and seizure issues, relevant
230	230	statutes, and case law;
231	231	(2) drafting and reviewing affidavits requesting the
232	232	issuance of search warrants, wiretap orders, pen register and trap
233	233	and trace orders, mobile tracking device orders, and similar court
234	234	orders; and
235	235	(3) drafting requests for court orders authorizing:
236	236	(A) the interception of oral, wire, and
237	237	electronic communications;
238	238	(B) the installation and use of a pen register
239	239	and trap and trace device;
240	240	(C) the disclosure of subscriber records and
241	241	information; and
242	242	(D) other similar court orders that are required
243	243	to be filed by a prosecutor.
244	244	(d) The regional counsel shall coordinate training with the
245	245	unit for members of the board of directors and law enforcement
246	246	agencies, including by:
247	247	(1) assisting in identifying training needs in the
248	248	subregion in which the member's office or the agency is located;
249	249	(2) assisting in the development of training curricula
250	250	and guidelines for the investigation and prosecution of border
251	251	crime; and
252	252	(3) participating in and hosting training
253	253	presentations and sessions in each subregion.
254	254	(e) The regional counsel shall provide legal and technical
255	255	assistance to border prosecuting attorneys, including by:
256	256	(1) performing legal research relating to
257	257	investigating and prosecuting border crime, if requested; and
258	258	(2) coordinating with border prosecuting attorneys
259	259	and law enforcement agencies to identify experts in the
260	260	investigation and prosecution of complex, long-term cases against
261	261	organized criminal enterprises.
262	262	Sec. 41.361. GIFTS AND GRANTS. The unit may apply for and
263	263	accept gifts, grants, and donations from any organization described
264	264	in Section 501(c)(3) or (4) of the Internal Revenue Code of 1986 for
265	265	the purposes of funding any activity of the unit under this
266	266	subchapter. The unit may apply for and accept grants under federal
267	267	and state programs.
268	268	Sec. 41.362. STATE PAYMENT OF CERTAIN COSTS. (a) The state
269	269	shall reimburse a county located in the border region for:
270	270	(1) expenses incurred by the county for the
271	271	investigation of border crime, whether or not the investigation
272	272	results in the prosecution of an offense; and
273	273	(2) reasonable operational expenses of the unit,
274	274	including training activities for the unit's employees and general
275	275	expenses relating to its investigative and prosecutorial duties.
276	276	(b) The commissioners court of a county that has incurred
277	277	expenses under Subsection (a) shall certify the amount of
278	278	reimbursement for expenses to the comptroller. The comptroller
279	279	shall issue a warrant to the commissioners court in that amount or,
280	280	if the comptroller determines that the amount certified by the
281	281	commissioners court is unreasonable, in an amount that the
282	282	comptroller determines to be reasonable.
283	283	SECTION 2. This Act takes effect September 1, 2015.