By: Biedermann, Nevárez, Cain, Miller, Murr, H.B. No. 4306
et al.
A BILL TO BE ENTITLED
AN ACT
relating to border security infrastructure enhancement projects
and the creation of a fund to pay for those projects; allocating the
earnings on the balance of that fund and reimbursement of related
expenditures; including a study on water retention infrastructure
near the border.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 421, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. BORDER SECURITY INFRASTRUCTURE ENHANCEMENT
Sec. 421.101. DEFINITION. In this subchapter, "fund" means
the border security infrastructure enhancement fund.
Sec. 421.102. BORDER SECURITY INFRASTRUCTURE ENHANCEMENT
FUND. (a) The border security infrastructure enhancement fund is
an account in the general revenue fund to be administered by the
governor under this subchapter and rules adopted by the governor
under this subchapter.
(b) The fund consists of appropriations of money made by the
legislature for deposit to the credit of the fund.
Sec. 421.103. FUND INTEREST. The comptroller shall deposit
to the credit of the foundation school fund interest and other
earnings made on the balance of the border security infrastructure
enhancement fund.
Sec. 421.104. USE OF FUND. The governor may use money in
the fund only for activities described by this section undertaken
for the purposes of preventing human trafficking and entry into the
United States of contraband, including but not limited to narcotics
and other controlled substances. The governor's use of the money in
the fund is including and limited to the activities described in the
pilot program developed and implemented under Section 2 of the Act
enacting this subchapter.
Sec. 421.105. TEXAS CONTRACTOR PREFERENCE. If the governor
seeks to contract with a private entity using money from the fund,
the governor must give preference to an entity that:
(1) is incorporated or otherwise formed under the laws
of this state; or
(2) has a headquarters or other principal office
located in this state.
Sec. 421.106. REIMBURSEMENT. (a) The governor shall make a
request to the federal government for reimbursement of the amounts
expended from the fund.
(b) The comptroller shall deposit to the credit of the
foundation school fund an amount received from the federal
government as a reimbursement of an amount expended from the border
security infrastructure enhancement fund.
Sec. 421.107. RULES. The governor shall adopt rules
necessary to carry out this subchapter.
SECTION 2. (a) The governor shall develop and implement a
pilot program under this section in one or more of the following:
(1) a county located on an international border with a
population of more than 14,000 but not more than 15,000;
(2) a county located on an international border with a
population of more than 54,000 but not more than 55,000; and
(3) a county located on an international border with a
population of more than 240,000 but not more than 252,000.
(b) The governor shall begin the implementation of the pilot
program not later than November 1, 2019.
(c) In developing and implementing the pilot program, the
governor shall consult with local officials, local law enforcement,
the Department of Public Safety, and United States Customs and
Border Protection. The pilot program must be designed to:
(1) plan, design, construct, or maintain along this
state's international border:
(A) water infrastructure, limited to a bulkhead
in a county located on an international border with a population of
more than 240,000 but not more than 252,000;
(B) transportation infrastructure, limited to
Farm-to-Market Road 1021, Farm-to-Market Road 1472, and the road
popularly referred to as El Indio Highway and Old Mines Road;
(C) detection technology to combat human
smuggling and contraband, including but not limited to narcotics
and other controlled substances; and
(D) commercial vehicle inspection infrastructure
at ports of entry and designated state highway inspection stations;
(2) clear nonindigenous plants;
(3) create a communication portal for all law
enforcement entities in counties in which the pilot program is
implemented to share information, video feeds, radio feeds, and
other technological information that would further the purposes of
Subchapter G, Chapter 421, Government Code, as added by this Act;
(4) evaluate the benefits of infrastructure
improvements in counties in which the pilot program is implemented;
and
(5) study the effects of clearing at least 20 percent
but not more than 30 percent of brush or invasive plant species on
land located along this state's international border in counties in
which the pilot program is implemented.
(d) The governor shall identify the strategies implemented
in the pilot program that are successful in furthering the purposes
of Subchapter G, Chapter 421, Government Code, as added by this Act.
The governor shall:
(1) prepare a plan for implementing the identified
strategies in all other areas along this state's international
border; and
(2) submit the plan to the legislature not later than
January 1, 2021.
SECTION 3. (a) In this section:
(1) "Board" means the Texas Water Development Board.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Water retention infrastructure" means
infrastructure located within one mile of the Rio Grande River
related to the retention of water.
(b) The board and the commission jointly shall:
(1) conduct a study concerning the effects the
construction of water retention infrastructure would have on storm
drainage, water quality, and environmental contamination matters
in this state; and
(2) develop recommendations for actions that may
prevent or mitigate any negative effects on storm drainage, water
quality, or environmental contamination matters resulting from the
construction of water retention infrastructure.
(c) The study must investigate:
(1) whether and to what extent the construction of
water retention infrastructure would cause or contribute to flood
management or other storm drainage problems in this state;
(2) whether and to what extent the construction of
water retention infrastructure would cause or contribute to
negative environmental contamination or other environmental
effects in this state;
(3) whether certain designs or methods of construction
of water retention infrastructure would prevent or mitigate any
negative effects identified under Subdivision (1) or (2) of this
subsection;
(4) any economic effects expected to result from any
negative effects identified under Subdivision (1) or (2) of this
subsection; and
(5) what actions by the state would best prevent or
mitigate any negative effects identified under Subdivision (1) or
(2) of this subsection.
(d) Not later than March 1, 2020, the board and the
commission shall submit to the governor, the lieutenant governor,
and each standing committee of the legislature having primary
jurisdiction over water development and environmental matters:
(1) a report of the findings of the study conducted
under this section; and
(2) recommendations for actions that may prevent or
mitigate any negative storm drainage, water quality, or
environmental contamination effects resulting from the
construction of water retention infrastructure.
(e) This section expires January 1, 2021.
SECTION 4. (a) The Sunset Advisory Commission shall review
the actions of the governor under this Act as if the authority
provided by this Act were provided to a state agency subject to
review under Chapter 325, Government Code (Texas Sunset Act).
(b) The review must assess the effectiveness of the
governor's actions in fulfilling the purposes of this Act.
(c) Not later than September 1, 2025, the Sunset Advisory
Commission shall compete the review and deliver a report of its
findings and recommendations to the legislature.
SECTION 5. 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, 2019.