86R1657 KLA-D
By: Miles S.B. No. 181
A BILL TO BE ENTITLED
AN ACT
relating to the 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. TRANSFER 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 transfer 10 percent of each
border security appropriation made to the department to the Parks
and Wildlife Department. The Parks and Wildlife Department shall
use appropriations transferred under this subsection to administer
and award grants through the grant program under Chapter 15, Parks
and Wildlife Code, to address the security needs and maintain 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 for
transfer to the Parks and Wildlife Department for the purpose of the
grant program under Chapter 15, Parks and Wildlife Code, and the
amount resulting from that provision exceeds the amount that would
result from the percentage specified by Subsection (c) to be
transferred for that purpose, the department shall transfer the
greater amount.
(e) The department is not required under Subsection (c) to
transfer 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 Parks and Wildlife
Department for the purpose specified by that subsection if:
(1) the act makes a separate appropriation for the
purpose of the grant program under Chapter 15, Parks and Wildlife
Code; 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 border security appropriations made to the
department in the act.
SECTION 2. Title 2, Parks and Wildlife Code, is amended by
adding Chapter 15 to read as follows:
CHAPTER 15. GULF OF MEXICO PORT SECURITY GRANT PROGRAM
Sec. 15.001. DEFINITIONS. In this chapter:
(1) "Border security appropriation amount" means the
amount of money appropriated or transferred as described by Section
411.0133, Government Code, to the department for a state fiscal
biennium for the grant program under this chapter.
(2) "Gulf of Mexico port" has the meaning assigned by
Section 411.0133, Government Code.
Sec. 15.002. 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. 15.003. ELIGIBILITY FOR GRANT. To be eligible for a
grant under this chapter, 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. 15.004. 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. 15.005. 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 chapter
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 chapter 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 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 Parks and Wildlife Commission shall adopt
the rules required by Chapter 15, Parks and Wildlife Code, as added
by this Act, not later than January 1, 2020.
SECTION 5. This Act takes effect September 1, 2019.