TX
Texas House Bill HB4306

Texas 2019 - 86th Regular

Texas House Bill HB4306 Compare Versions

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1+86R23365 BRG-F
12 By: Biedermann, Nevárez, Cain, Miller, Murr, H.B. No. 4306
23 et al.
4+ Substitute the following for H.B. No. 4306:
5+ By: Harless C.S.H.B. No. 4306
36
47
58 A BILL TO BE ENTITLED
69 AN ACT
7- relating to border security infrastructure enhancement projects
8- and the creation of a fund to pay for those projects; allocating the
9- earnings on the balance of that fund and reimbursement of related
10- expenditures; including a study on water retention infrastructure
11- near the border.
10+ relating to border security enhancement projects and the creation
11+ of a fund to pay for those projects; allocating the earnings on the
12+ balance of that fund and reimbursement of related expenditures.
1213 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1314 SECTION 1. Chapter 421, Government Code, is amended by
1415 adding Subchapter G to read as follows:
15- SUBCHAPTER G. BORDER SECURITY INFRASTRUCTURE ENHANCEMENT
16+ SUBCHAPTER G. BORDER SECURITY ENHANCEMENT
1617 Sec. 421.101. DEFINITION. In this subchapter, "fund" means
17- the border security infrastructure enhancement fund.
18- Sec. 421.102. BORDER SECURITY INFRASTRUCTURE ENHANCEMENT
19- FUND. (a) The border security infrastructure enhancement fund is
20- an account in the general revenue fund to be administered by the
18+ the border security enhancement fund.
19+ Sec. 421.102. BORDER SECURITY ENHANCEMENT FUND. (a) The
20+ border security enhancement fund is a special fund in the state
21+ treasury outside the general revenue fund to be administered by the
2122 governor under this subchapter and rules adopted by the governor
2223 under this subchapter.
2324 (b) The fund consists of appropriations of money made by the
2425 legislature for deposit to the credit of the fund.
2526 Sec. 421.103. FUND INTEREST. The comptroller shall deposit
2627 to the credit of the foundation school fund interest and other
27- earnings made on the balance of the border security infrastructure
28- enhancement fund.
28+ earnings made on the balance of the border security enhancement
29+ fund.
2930 Sec. 421.104. USE OF FUND. The governor may use money in
30- the fund only for activities described by this section undertaken
31- for the purposes of preventing human trafficking and entry into the
32- United States of contraband, including but not limited to narcotics
33- and other controlled substances. The governor's use of the money in
34- the fund is including and limited to the activities described in the
35- pilot program developed and implemented under Section 2 of the Act
36- enacting this subchapter.
37- Sec. 421.105. TEXAS CONTRACTOR PREFERENCE. If the governor
31+ the fund only for the following activities for the purposes of
32+ preventing human trafficking and illegal entry into the United
33+ States of aliens without official approval of an appropriate
34+ federal governmental authority, terrorists, instruments of
35+ terrorism, and contraband, including narcotics and other
36+ controlled substances:
37+ (1) planning, designing, constructing, or maintaining
38+ along this state's international border water and transportation
39+ infrastructure, technology, and commercial vehicle inspection
40+ infrastructure at ports of entry; and
41+ (2) clearing nonindigenous plants.
42+ Sec. 421.105. POWERS OF GOVERNOR. The governor may:
43+ (1) enter into contracts and agreements as necessary
44+ to carry out this subchapter; and
45+ (2) waive legal requirements as necessary to ensure
46+ expeditious:
47+ (A) design, testing, construction, installation,
48+ deployment, operation, and maintenance of water and transportation
49+ infrastructure, technology, and commercial vehicle inspection
50+ infrastructure under this subchapter; and
51+ (B) clearing of nonindigenous plants under this
52+ subchapter.
53+ Sec. 421.106. CONSULTATION. The governor may not use money
54+ from the fund to plan, design, construct, or maintain along this
55+ state's international border water and transportation
56+ infrastructure, technology, or commercial vehicle inspection
57+ infrastructure, to clear nonindigenous plants, or to contract with
58+ a third party to perform those activities, unless the governor
59+ consults with the commissioner of the General Land Office and
60+ appropriate federal governmental authorities to coordinate border
61+ security efforts.
62+ Sec. 421.107. TEXAS CONTRACTOR PREFERENCE. If the governor
3863 seeks to contract with a private entity using money from the fund,
3964 the governor must give preference to an entity that:
4065 (1) is incorporated or otherwise formed under the laws
4166 of this state; or
4267 (2) has a headquarters or other principal office
4368 located in this state.
44- Sec. 421.106. REIMBURSEMENT. (a) The governor shall make a
69+ Sec. 421.108. VERIFICATION BY CONTRACTORS. (a) In this
70+ section, "E-verify program" has the meaning assigned by Section
71+ 673.001.
72+ (b) The governor may not award a contract under this
73+ subchapter unless the proposed contractor registers with and
74+ participates in the E-verify program to verify employee
75+ information. The contractor must continue to participate in the
76+ program during the term of the contract.
77+ (c) The governor shall adopt procedures for the
78+ administration of this section.
79+ Sec. 421.109. REIMBURSEMENT. (a) The governor shall make a
4580 request to the federal government for reimbursement of the amounts
4681 expended from the fund.
4782 (b) The comptroller shall deposit to the credit of the
4883 foundation school fund an amount received from the federal
4984 government as a reimbursement of an amount expended from the border
50- security infrastructure enhancement fund.
51- Sec. 421.107. RULES. The governor shall adopt rules
52- necessary to carry out this subchapter.
85+ security enhancement fund.
86+ Sec. 421.110. The governor shall adopt rules necessary to
87+ carry out this subchapter.
5388 SECTION 2. (a) The governor shall develop and implement a
5489 pilot program under this section in one or more of the following:
5590 (1) a county located on an international border with a
56- population of more than 14,000 but not more than 15,000;
91+ population of more than 54,000 but not more than 55,000; and
5792 (2) a county located on an international border with a
58- population of more than 54,000 but not more than 55,000; and
59- (3) a county located on an international border with a
6093 population of more than 240,000 but not more than 252,000.
6194 (b) The governor shall begin the implementation of the pilot
6295 program not later than November 1, 2019.
6396 (c) In developing and implementing the pilot program, the
6497 governor shall consult with local officials, local law enforcement,
6598 the Department of Public Safety, and United States Customs and
6699 Border Protection. The pilot program must be designed to:
67- (1) plan, design, construct, or maintain along this
68- state's international border:
69- (A) water infrastructure, limited to a bulkhead
70- in a county located on an international border with a population of
71- more than 240,000 but not more than 252,000;
72- (B) transportation infrastructure, limited to
73- Farm-to-Market Road 1021, Farm-to-Market Road 1472, and the road
74- popularly referred to as El Indio Highway and Old Mines Road;
75- (C) detection technology to combat human
76- smuggling and contraband, including but not limited to narcotics
77- and other controlled substances; and
78- (D) commercial vehicle inspection infrastructure
79- at ports of entry and designated state highway inspection stations;
80- (2) clear nonindigenous plants;
81- (3) create a communication portal for all law
100+ (1) create a communication portal for all law
82101 enforcement entities in counties in which the pilot program is
83102 implemented to share information, video feeds, radio feeds, and
84103 other technological information that would further the purposes of
85104 Subchapter G, Chapter 421, Government Code, as added by this Act;
86- (4) evaluate the benefits of infrastructure
87- improvements in counties in which the pilot program is implemented;
88- and
89- (5) study the effects of clearing at least 20 percent
105+ (2) evaluate the benefits of infrastructure
106+ improvements on main roads that run parallel to this state's
107+ international border in counties in which the pilot program is
108+ implemented; and
109+ (3) study the effects of clearing at least 20 percent
90110 but not more than 30 percent of brush or invasive plant species on
91111 land located along this state's international border in counties in
92112 which the pilot program is implemented.
93113 (d) The governor shall identify the strategies implemented
94114 in the pilot program that are successful in furthering the purposes
95115 of Subchapter G, Chapter 421, Government Code, as added by this Act.
96116 The governor shall:
97117 (1) prepare a plan for implementing the identified
98118 strategies in all other areas along this state's international
99119 border; and
100120 (2) submit the plan to the legislature not later than
101121 January 1, 2021.
102- SECTION 3. (a) In this section:
103- (1) "Board" means the Texas Water Development Board.
104- (2) "Commission" means the Texas Commission on
105- Environmental Quality.
106- (3) "Water retention infrastructure" means
107- infrastructure located within one mile of the Rio Grande River
108- related to the retention of water.
109- (b) The board and the commission jointly shall:
110- (1) conduct a study concerning the effects the
111- construction of water retention infrastructure would have on storm
112- drainage, water quality, and environmental contamination matters
113- in this state; and
114- (2) develop recommendations for actions that may
115- prevent or mitigate any negative effects on storm drainage, water
116- quality, or environmental contamination matters resulting from the
117- construction of water retention infrastructure.
118- (c) The study must investigate:
119- (1) whether and to what extent the construction of
120- water retention infrastructure would cause or contribute to flood
121- management or other storm drainage problems in this state;
122- (2) whether and to what extent the construction of
123- water retention infrastructure would cause or contribute to
124- negative environmental contamination or other environmental
125- effects in this state;
126- (3) whether certain designs or methods of construction
127- of water retention infrastructure would prevent or mitigate any
128- negative effects identified under Subdivision (1) or (2) of this
129- subsection;
130- (4) any economic effects expected to result from any
131- negative effects identified under Subdivision (1) or (2) of this
132- subsection; and
133- (5) what actions by the state would best prevent or
134- mitigate any negative effects identified under Subdivision (1) or
135- (2) of this subsection.
136- (d) Not later than March 1, 2020, the board and the
137- commission shall submit to the governor, the lieutenant governor,
138- and each standing committee of the legislature having primary
139- jurisdiction over water development and environmental matters:
140- (1) a report of the findings of the study conducted
141- under this section; and
142- (2) recommendations for actions that may prevent or
143- mitigate any negative storm drainage, water quality, or
144- environmental contamination effects resulting from the
145- construction of water retention infrastructure.
146- (e) This section expires January 1, 2021.
147- SECTION 4. (a) The Sunset Advisory Commission shall review
148- the actions of the governor under this Act as if the authority
149- provided by this Act were provided to a state agency subject to
150- review under Chapter 325, Government Code (Texas Sunset Act).
151- (b) The review must assess the effectiveness of the
152- governor's actions in fulfilling the purposes of this Act.
153- (c) Not later than September 1, 2025, the Sunset Advisory
154- Commission shall compete the review and deliver a report of its
155- findings and recommendations to the legislature.
156- SECTION 5. This Act takes effect immediately if it receives
122+ SECTION 3. This Act takes effect immediately if it receives
157123 a vote of two-thirds of all the members elected to each house, as
158124 provided by Section 39, Article III, Texas Constitution. If this
159125 Act does not receive the vote necessary for immediate effect, this
160126 Act takes effect September 1, 2019.