1 | 1 | | 2015S0400-1 03/05/15 |
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2 | 2 | | By: Hinojosa S.B. No. 1354 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to state border security activities. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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10 | 10 | | amended by adding Section 411.0203 to read as follows: |
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11 | 11 | | Sec. 411.0203. SOUTH TEXAS BORDER CRIME INFORMATION CENTER. |
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12 | 12 | | (a) The department, with assistance from a municipal police |
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13 | 13 | | department and a county sheriff's department, shall establish and |
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14 | 14 | | operate the South Texas Border Crime Information Center as a |
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15 | 15 | | central repository of information relating to criminal activity in |
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16 | 16 | | the counties along the Texas-Mexico border. The center shall be |
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17 | 17 | | located in the county of the sheriff's department assisting the |
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18 | 18 | | department in establishing and operating the center. |
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19 | 19 | | (b) Each law enforcement agency in a county located along |
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20 | 20 | | the Texas-Mexico border shall report to the South Texas Border |
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21 | 21 | | Crime Information Center information regarding criminal activity |
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22 | 22 | | in the law enforcement agency's jurisdiction, including |
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23 | 23 | | information on kidnappings, home invasions, and incidents of |
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24 | 24 | | impersonation of law enforcement officers. |
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25 | 25 | | (c) The department shall make the information in the South |
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26 | 26 | | Texas Border Crime Information Center available to each law |
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27 | 27 | | enforcement agency in the state. |
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28 | 28 | | (d) The commission shall adopt rules concerning the |
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29 | 29 | | collection and distribution of sensitive law enforcement |
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30 | 30 | | information under this section. |
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31 | 31 | | (e) This section applies only to a county that: |
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32 | 32 | | (1) is located on the Texas-Mexico border; |
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33 | 33 | | (2) has a population of 750,000 or more; and |
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34 | 34 | | (3) is adjacent to two or more counties each of which |
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35 | 35 | | has a population of 50,000 or more. |
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36 | 36 | | SECTION 2. Section 421.0025, Government Code, is |
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37 | 37 | | transferred to Subchapter B, Chapter 421, Government Code, |
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38 | 38 | | redesignated as Section 421.0255, Government Code, and amended to |
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39 | 39 | | read as follows: |
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40 | 40 | | Sec. 421.0255 [421.0025]. BORDER SECURITY ADVISORY |
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41 | 41 | | COUNCIL. (a) The Border Security Advisory Council consists of: |
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42 | 42 | | (1) the executive head of each state agency receiving |
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43 | 43 | | state appropriations for purposes related to security at or near |
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44 | 44 | | this state's international border, or the executive head's |
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45 | 45 | | designee; |
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46 | 46 | | (2) representatives of at least three local |
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47 | 47 | | governmental entities receiving local border security grant |
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48 | 48 | | funding from the Department of Public Safety, appointed by the |
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49 | 49 | | governor, or, if fewer than three entities receive that grant |
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50 | 50 | | funding, representatives of at least one-third of the entities that |
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51 | 51 | | receive that grant funding, appointed by the governor; and |
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52 | 52 | | (3) at least three mayors of municipalities in which |
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53 | 53 | | state appropriations for purposes related to security at or near |
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54 | 54 | | this state's international border are spent, appointed by the |
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55 | 55 | | governor, or representatives designated by those mayors [members |
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56 | 56 | | appointed by the governor]. |
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57 | 57 | | [(a-1) At least one-third of the members appointed under |
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58 | 58 | | Subsection (a) must be residents of the Texas-Mexico border region, |
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59 | 59 | | as defined by Section 2056.002.] |
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60 | 60 | | (b) The Border Security Advisory Council shall develop and |
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61 | 61 | | recommend to the Homeland Security Council [office of the governor] |
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62 | 62 | | performance standards, reporting requirements, audit methods, and |
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63 | 63 | | other procedures to ensure that funds allocated [by the office of |
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64 | 64 | | the governor] for purposes related to security at or near this |
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65 | 65 | | state's international border are used properly and that the |
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66 | 66 | | recipients of the funds are accountable for the proper use of the |
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67 | 67 | | funds. The advisory council shall publish on the office of the |
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68 | 68 | | governor's website the recommendations made to the Homeland |
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69 | 69 | | Security Council under this subsection. |
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70 | 70 | | (c) The Border Security Advisory Council shall advise the |
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71 | 71 | | Homeland Security Council [office of the governor] regarding the |
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72 | 72 | | allocation of funds [by the office] for purposes related to |
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73 | 73 | | security at or near this state's international border. |
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74 | 74 | | Recommendations relating to the allocation of those funds must be |
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75 | 75 | | made by a majority of the members of the advisory council. |
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76 | 76 | | (d) The governor shall designate one member of the Border |
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77 | 77 | | Security Advisory Council as the chair. The chair shall arrange |
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78 | 78 | | meetings of the Border Security Advisory Council at times |
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79 | 79 | | determined by the members of the advisory council. |
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80 | 80 | | (e) The meetings of the Border Security Advisory Council are |
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81 | 81 | | subject to the requirements of Chapter 551 to the same extent as |
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82 | 82 | | similar meetings of the Public Safety Commission. The plans and |
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83 | 83 | | recommendations of the Border Security Advisory Council are subject |
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84 | 84 | | to the requirements of Chapter 552 to the same extent as similar |
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85 | 85 | | plans and recommendations of the Department of Public Safety of the |
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86 | 86 | | State of Texas. |
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87 | 87 | | (f) Service on the Border Security Advisory Council by a |
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88 | 88 | | state officer or employee or by an officer or employee of a local |
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89 | 89 | | government is an additional duty of the member's office or |
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90 | 90 | | employment. |
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91 | 91 | | SECTION 3. Section 421.026, Government Code, is amended to |
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92 | 92 | | read as follows: |
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93 | 93 | | Sec. 421.026. REPORT. The council shall annually submit to |
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94 | 94 | | the governor a report stating: |
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95 | 95 | | (1) the status and funding of state programs designed |
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96 | 96 | | to detect and deter homeland security emergencies, including the |
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97 | 97 | | status and funding of counterterrorism efforts; |
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98 | 98 | | (2) recommendations on actions to reduce threats to |
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99 | 99 | | homeland security, including threats related to terrorism; [and] |
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100 | 100 | | (3) recommendations for improving the alert, |
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101 | 101 | | response, and recovery capabilities of state and local agencies; |
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102 | 102 | | and |
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103 | 103 | | (4) an assessment of the performance of, reporting |
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104 | 104 | | requirements for, and allocation of state agency funding for this |
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105 | 105 | | state's border security activities. |
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106 | 106 | | SECTION 4. (a) The positions of the members of the Border |
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107 | 107 | | Security Council are abolished on the effective date of this Act. |
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108 | 108 | | (b) As soon as practicable on or after the effective date of |
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109 | 109 | | this Act, the governor shall appoint members of the Border Security |
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110 | 110 | | Advisory Council under Sections 421.0255(a)(2) and (3), Government |
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111 | 111 | | Code, as transferred, redesignated, and amended by this Act. |
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112 | 112 | | SECTION 5. This Act takes effect September 1, 2015. |
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