85R10143 KLA-D
By: Miles S.B. No. 1270
A BILL TO BE ENTITLED
AN ACT
relating to the allocation and use of certain border security
funding to secure Gulf of Mexico ports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0133 to read as follows:
Sec. 411.0133. ALLOCATION OF APPROPRIATIONS FOR BORDER
SECURITY. (a) In this section:
(1) "Border security appropriation" means an amount of
money appropriated or transferred in a General Appropriations Act
or another act of the legislature for the purpose of the Texas
Border Security Initiative or to otherwise secure the borders of
this state.
(2) "Gulf of Mexico port" means a port in this state
located on the Gulf of Mexico or on a bay, inlet, or other waterway
opening into the Gulf of Mexico.
(b) Notwithstanding any geographic limitation or limitation
on covered activities specified by a definition of "border
security" provided in a General Appropriations Act or another act
of the legislature that applies to a border security appropriation,
the term as used in any of those acts includes projects designed for
the purpose of securing Gulf of Mexico ports.
(c) Subject to Subsection (d) and except as provided by
Subsection (e), the department shall allocate 10 percent of each
border security appropriation made to the department to, through
the award of grants under Subchapter P, addressing the security
needs and maintaining the security of Gulf of Mexico ports to
protect this state from acts of terrorism, illegal drug smuggling
activities, human trafficking, and similar acts that would threaten
this state's security and could be effected through this state's
border with the Gulf of Mexico.
(d) If a provision of a General Appropriations Act or
another act of the legislature allocates a percentage or an amount
of a border security appropriation made to the department to the
grant program under Subchapter P and the amount resulting from that
provision exceeds the amount that would result from the percentage
specified by Subsection (c) to be allocated to that purpose, the
department shall allocate the greater amount to that purpose.
(e) The department is not required under Subsection (c) to
allocate any amount of the total amount of border security
appropriations made to the department in a General Appropriations
Act or another act of the legislature to the purpose specified by
that subsection if:
(1) the act makes a separate appropriation to the
department for the grant program under Subchapter P; and
(2) the amount of that separate appropriation is equal
to or greater than 10 percent of the sum of that separate
appropriation and all other border security appropriations made to
the department in the act.
SECTION 2. Chapter 411, Government Code, is amended by
adding Subchapter P to read as follows:
SUBCHAPTER P. GULF OF MEXICO PORT SECURITY GRANT PROGRAM
Sec. 411.441. DEFINITIONS. In this subchapter:
(1) "Border security appropriation amount" means the
amount of money appropriated or allocated under Section 411.0133 to
the department for a state fiscal biennium for the grant program
under this subchapter.
(2) "Gulf of Mexico port" has the meaning assigned by
Section 411.0133.
Sec. 411.442. GRANT PROGRAM TO FUND PORT SECURITY PROJECTS.
(a) The commission by rule shall develop and the department shall
implement a grant program to provide funding to address the
security needs and maintain the security of Gulf of Mexico ports for
the purpose of protecting this state from acts of terrorism,
illegal drug smuggling activities, human trafficking, and similar
acts that would threaten this state's security and could be
effected through this state's border with the Gulf of Mexico.
(b) The department shall use the border security
appropriation amount for a state fiscal biennium to provide grants
under the program during that biennium.
(c) The rules adopted under Subsection (a) must provide a
process by which a Gulf of Mexico port may apply for a grant.
Sec. 411.443. ELIGIBILITY FOR GRANT. To be eligible for a
grant under this subchapter, a Gulf of Mexico port must:
(1) submit an application to the department in
accordance with commission rules;
(2) specify in the application each security project
to be funded with the grant money and demonstrate the need for the
project;
(3) demonstrate in the manner required by the
department that the port is able to provide as local matching money
other money available to the port in an amount at least equal to
33.33 percent of the requested amount of the grant;
(4) agree to use the local matching money described by
Subdivision (3) in addition to the grant money for the security
projects specified in the application; and
(5) comply with any other requirements specified by
commission rules.
Sec. 411.444. MAXIMUM AMOUNT OF GRANT. (a) In this section,
"annual cargo volume proportion" means the proportion a Gulf of
Mexico port's annual cargo volume, measured by tonnage, for a year
bears to the total annual cargo volume, measured by tonnage, of all
Gulf of Mexico ports for the same year.
(b) The maximum amount of a grant the department may award
to a Gulf of Mexico port for a state fiscal biennium is an amount
equal to a proportionate share of the border security appropriation
amount for that biennium equal to that port's annual cargo volume
proportion for the year preceding the year in which the port applies
for the grant.
Sec. 411.445. EVALUATION OF FUNDED PORT SECURITY PROJECTS.
(a) The department shall evaluate and document the effectiveness
of each port security project funded with a grant under this
subchapter in maintaining or increasing the security of this state.
The commission by rule shall establish the criteria for purposes of
making the required evaluations.
(b) A Gulf of Mexico port to which a grant is awarded under
this subchapter shall collect, maintain, and report relevant data
as required by the department for purposes of an evaluation
required by this section.
SECTION 3. Section 411.0133, Government Code, as added by
this Act, applies to an appropriation or transfer of money to the
Department of Public Safety for the purpose of securing the borders
of this state made in an act of the legislature that takes effect
after the effective date of this Act.
SECTION 4. The Public Safety Commission shall adopt the
rules required by Subchapter P, Chapter 411, Government Code, as
added by this Act, not later than January 1, 2018.
SECTION 5. This Act takes effect September 1, 2017.