Texas 2019 - 86th Regular

Texas Senate Bill SB181 Compare Versions

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

Old	New	Differences
1	1	86R1657 KLA-D
2	2	By: Miles S.B. No. 181
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of certain border security funding to secure
8	8	Gulf of Mexico ports.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 411, Government Code, is
11	11	amended by adding Section 411.0133 to read as follows:
12	12	Sec. 411.0133. TRANSFER OF APPROPRIATIONS FOR BORDER
13	13	SECURITY. (a) In this section:
14	14	(1) "Border security appropriation" means an amount of
15	15	money appropriated or transferred in a General Appropriations Act
16	16	or another act of the legislature for the purpose of the Texas
17	17	Border Security Initiative or to otherwise secure the borders of
18	18	this state.
19	19	(2) "Gulf of Mexico port" means a port in this state
20	20	located on the Gulf of Mexico or on a bay, inlet, or other waterway
21	21	opening into the Gulf of Mexico.
22	22	(b) Notwithstanding any geographic limitation or limitation
23	23	on covered activities specified by a definition of "border
24	24	security" provided in a General Appropriations Act or another act
25	25	of the legislature that applies to a border security appropriation,
26	26	the term as used in any of those acts includes projects designed for
27	27	the purpose of securing Gulf of Mexico ports.
28	28	(c) Subject to Subsection (d) and except as provided by
29	29	Subsection (e), the department shall transfer 10 percent of each
30	30	border security appropriation made to the department to the Parks
31	31	and Wildlife Department. The Parks and Wildlife Department shall
32	32	use appropriations transferred under this subsection to administer
33	33	and award grants through the grant program under Chapter 15, Parks
34	34	and Wildlife Code, to address the security needs and maintain the
35	35	security of Gulf of Mexico ports to protect this state from acts of
36	36	terrorism, illegal drug smuggling activities, human trafficking,
37	37	and similar acts that would threaten this state's security and
38	38	could be effected through this state's border with the Gulf of
39	39	Mexico.
40	40	(d) If a provision of a General Appropriations Act or
41	41	another act of the legislature allocates a percentage or an amount
42	42	of a border security appropriation made to the department for
43	43	transfer to the Parks and Wildlife Department for the purpose of the
44	44	grant program under Chapter 15, Parks and Wildlife Code, and the
45	45	amount resulting from that provision exceeds the amount that would
46	46	result from the percentage specified by Subsection (c) to be
47	47	transferred for that purpose, the department shall transfer the
48	48	greater amount.
49	49	(e) The department is not required under Subsection (c) to
50	50	transfer any amount of the total amount of border security
51	51	appropriations made to the department in a General Appropriations
52	52	Act or another act of the legislature to the Parks and Wildlife
53	53	Department for the purpose specified by that subsection if:
54	54	(1) the act makes a separate appropriation for the
55	55	purpose of the grant program under Chapter 15, Parks and Wildlife
56	56	Code; and
57	57	(2) the amount of that separate appropriation is equal
58	58	to or greater than 10 percent of the sum of that separate
59	59	appropriation and all border security appropriations made to the
60	60	department in the act.
61	61	SECTION 2. Title 2, Parks and Wildlife Code, is amended by
62	62	adding Chapter 15 to read as follows:
63	63	CHAPTER 15. GULF OF MEXICO PORT SECURITY GRANT PROGRAM
64	64	Sec. 15.001. DEFINITIONS. In this chapter:
65	65	(1) "Border security appropriation amount" means the
66	66	amount of money appropriated or transferred as described by Section
67	67	411.0133, Government Code, to the department for a state fiscal
68	68	biennium for the grant program under this chapter.
69	69	(2) "Gulf of Mexico port" has the meaning assigned by
70	70	Section 411.0133, Government Code.
71	71	Sec. 15.002. GRANT PROGRAM TO FUND PORT SECURITY PROJECTS.
72	72	(a) The commission by rule shall develop and the department shall
73	73	implement a grant program to provide funding to address the
74	74	security needs and maintain the security of Gulf of Mexico ports for
75	75	the purpose of protecting this state from acts of terrorism,
76	76	illegal drug smuggling activities, human trafficking, and similar
77	77	acts that would threaten this state's security and could be
78	78	effected through this state's border with the Gulf of Mexico.
79	79	(b) The department shall use the border security
80	80	appropriation amount for a state fiscal biennium to provide grants
81	81	under the program during that biennium.
82	82	(c) The rules adopted under Subsection (a) must provide a
83	83	process by which a Gulf of Mexico port may apply for a grant.
84	84	Sec. 15.003. ELIGIBILITY FOR GRANT. To be eligible for a
85	85	grant under this chapter, a Gulf of Mexico port must:
86	86	(1) submit an application to the department in
87	87	accordance with commission rules;
88	88	(2) specify in the application each security project
89	89	to be funded with the grant money and demonstrate the need for the
90	90	project;
91	91	(3) demonstrate in the manner required by the
92	92	department that the port is able to provide as local matching money
93	93	other money available to the port in an amount at least equal to
94	94	33.33 percent of the requested amount of the grant;
95	95	(4) agree to use the local matching money described by
96	96	Subdivision (3) in addition to the grant money for the security
97	97	projects specified in the application; and
98	98	(5) comply with any other requirements specified by
99	99	commission rules.
100	100	Sec. 15.004. MAXIMUM AMOUNT OF GRANT. (a) In this section,
101	101	"annual cargo volume proportion" means the proportion a Gulf of
102	102	Mexico port's annual cargo volume, measured by tonnage, for a year
103	103	bears to the total annual cargo volume, measured by tonnage, of all
104	104	Gulf of Mexico ports for the same year.
105	105	(b) The maximum amount of a grant the department may award
106	106	to a Gulf of Mexico port for a state fiscal biennium is an amount
107	107	equal to a proportionate share of the border security appropriation
108	108	amount for that biennium equal to that port's annual cargo volume
109	109	proportion for the year preceding the year in which the port applies
110	110	for the grant.
111	111	Sec. 15.005. EVALUATION OF FUNDED PORT SECURITY PROJECTS.
112	112	(a) The department shall evaluate and document the effectiveness
113	113	of each port security project funded with a grant under this chapter
114	114	in maintaining or increasing the security of this state. The
115	115	commission by rule shall establish the criteria for purposes of
116	116	making the required evaluations.
117	117	(b) A Gulf of Mexico port to which a grant is awarded under
118	118	this chapter shall collect, maintain, and report relevant data as
119	119	required by the department for purposes of an evaluation required
120	120	by this section.
121	121	SECTION 3. Section 411.0133, Government Code, as added by
122	122	this Act, applies to an appropriation or transfer of money for the
123	123	purpose of securing the borders of this state made in an act of the
124	124	legislature that takes effect after the effective date of this Act.
125	125	SECTION 4. The Parks and Wildlife Commission shall adopt
126	126	the rules required by Chapter 15, Parks and Wildlife Code, as added
127	127	by this Act, not later than January 1, 2020.
128	128	SECTION 5. This Act takes effect September 1, 2019.