Texas 2021 - 87th Regular

Texas House Bill HB2862 Compare Versions

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

Old	New	Differences
1	1	87R9533 YDB-D
2	2	By: Slaton H.B. No. 2862
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to border security enhancement projects and the creation
8	8	of a fund to pay for those projects; allocating the earnings on the
9	9	balance of that fund and reimbursement of related expenditures.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 411, Government Code, is amended by
12	12	adding Subchapter W to read as follows:
13	13	SUBCHAPTER W. BORDER SECURITY ENHANCEMENT
14	14	Sec. 411.801. DEFINITION. In this subchapter, "fund" means
15	15	the border security enhancement fund.
16	16	Sec. 411.802. BORDER SECURITY ENHANCEMENT FUND. (a) The
17	17	border security enhancement fund is a special fund in the state
18	18	treasury outside the general revenue fund to be administered by the
19	19	department under this subchapter and rules adopted by the
20	20	commission under this subchapter.
21	21	(b) The fund consists of appropriations of money made by the
22	22	legislature for deposit to the credit of the fund.
23	23	Sec. 411.803. FUND INTEREST. The comptroller shall deposit
24	24	to the credit of the economic stabilization fund the interest and
25	25	other earnings made on the balance of the border security
26	26	enhancement fund.
27	27	Sec. 411.804. USE OF FUND. (a) The department may use
28	28	money in the fund only for the following activities for the purposes
29	29	of preventing human trafficking and illegal entry into the United
30	30	States of aliens without official approval of an appropriate
31	31	federal governmental authority, terrorists, instruments of
32	32	terrorism, and contraband, including narcotics and other
33	33	controlled substances:
34	34	(1) planning, designing, constructing, and
35	35	maintaining along this state's international border water and
36	36	transportation infrastructure, technology, and commercial vehicle
37	37	inspection infrastructure at ports of entry; and
38	38	(2) clearing nonindigenous plants.
39	39	(b) The department must include as part of the
40	40	transportation infrastructure, technology, and commercial vehicle
41	41	inspection infrastructure at ports of entry along this state's
42	42	international border the construction to federal specifications
43	43	for similar infrastructure of a wall to be named the "President
44	44	Donald J. Trump Wall."
45	45	Sec. 411.805. CONTRACTS AND AGREEMENTS. The department may
46	46	enter into contracts and agreements as necessary to implement this
47	47	subchapter.
48	48	Sec. 411.806. CONSULTATION. (a) The department may not use
49	49	money from the fund to plan, design, construct, or maintain along
50	50	this state's international border water and transportation
51	51	infrastructure, technology, or commercial vehicle inspection
52	52	infrastructure, to clear nonindigenous plants, or to contract with
53	53	a third party to perform those activities, unless the department
54	54	consults with the commissioner of the General Land Office and
55	55	appropriate federal governmental authorities to coordinate border
56	56	security efforts.
57	57	(b) The department shall consult with the commissioner of
58	58	the General Land Office for the acquisition of any land necessary to
59	59	implement this subchapter.
60	60	Sec. 411.807. TEXAS CONTRACTOR PREFERENCE. If the
61	61	department seeks to contract with a private entity using money from
62	62	the fund, the department must give preference to an entity that:
63	63	(1) is incorporated or otherwise formed under the laws
64	64	of this state; or
65	65	(2) has a headquarters or other principal office
66	66	located in this state.
67	67	Sec. 411.808. VERIFICATION BY CONTRACTORS. (a) In this
68	68	section, "E-verify program" has the meaning assigned by Section
69	69	673.001.
70	70	(b) The department may not award a contract under this
71	71	subchapter unless the proposed contractor registers with and
72	72	participates in the E-verify program to verify employee
73	73	information. The contractor must continue to participate in the
74	74	program during the term of the contract.
75	75	(c) The commission shall adopt procedures for the
76	76	administration of this section.
77	77	Sec. 411.809. REIMBURSEMENT. (a) The governor shall make a
78	78	request to the federal government for reimbursement of amounts
79	79	expended from the fund.
80	80	(b) The comptroller shall deposit to the credit of the
81	81	economic stabilization fund an amount received from the federal
82	82	government as a reimbursement of an amount expended from the border
83	83	security enhancement fund.
84	84	Sec. 411.810. ADOPTION OF RULES. The commission shall
85	85	adopt rules necessary to implement this subchapter.
86	86	SECTION 2. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2021.