87R9533 YDB-D
By: Slaton H.B. No. 2862
A BILL TO BE ENTITLED
AN ACT
relating to border security 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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter W to read as follows:
SUBCHAPTER W. BORDER SECURITY ENHANCEMENT
Sec. 411.801. DEFINITION. In this subchapter, "fund" means
the border security enhancement fund.
Sec. 411.802. BORDER SECURITY ENHANCEMENT FUND. (a) The
border security enhancement fund is a special fund in the state
treasury outside the general revenue fund to be administered by the
department under this subchapter and rules adopted by the
commission under this subchapter.
(b) The fund consists of appropriations of money made by the
legislature for deposit to the credit of the fund.
Sec. 411.803. FUND INTEREST. The comptroller shall deposit
to the credit of the economic stabilization fund the interest and
other earnings made on the balance of the border security
enhancement fund.
Sec. 411.804. USE OF FUND. (a) The department may use
money in the fund only for the following activities for the purposes
of preventing human trafficking and illegal entry into the United
States of aliens without official approval of an appropriate
federal governmental authority, terrorists, instruments of
terrorism, and contraband, including narcotics and other
controlled substances:
(1) planning, designing, constructing, and
maintaining along this state's international border water and
transportation infrastructure, technology, and commercial vehicle
inspection infrastructure at ports of entry; and
(2) clearing nonindigenous plants.
(b) The department must include as part of the
transportation infrastructure, technology, and commercial vehicle
inspection infrastructure at ports of entry along this state's
international border the construction to federal specifications
for similar infrastructure of a wall to be named the "President
Donald J. Trump Wall."
Sec. 411.805. CONTRACTS AND AGREEMENTS. The department may
enter into contracts and agreements as necessary to implement this
subchapter.
Sec. 411.806. CONSULTATION. (a) The department may not use
money from the fund to plan, design, construct, or maintain along
this state's international border water and transportation
infrastructure, technology, or commercial vehicle inspection
infrastructure, to clear nonindigenous plants, or to contract with
a third party to perform those activities, unless the department
consults with the commissioner of the General Land Office and
appropriate federal governmental authorities to coordinate border
security efforts.
(b) The department shall consult with the commissioner of
the General Land Office for the acquisition of any land necessary to
implement this subchapter.
Sec. 411.807. TEXAS CONTRACTOR PREFERENCE. If the
department seeks to contract with a private entity using money from
the fund, the department 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. 411.808. VERIFICATION BY CONTRACTORS. (a) In this
section, "E-verify program" has the meaning assigned by Section
673.001.
(b) The department may not award a contract under this
subchapter unless the proposed contractor registers with and
participates in the E-verify program to verify employee
information. The contractor must continue to participate in the
program during the term of the contract.
(c) The commission shall adopt procedures for the
administration of this section.
Sec. 411.809. REIMBURSEMENT. (a) The governor shall make a
request to the federal government for reimbursement of amounts
expended from the fund.
(b) The comptroller shall deposit to the credit of the
economic stabilization fund an amount received from the federal
government as a reimbursement of an amount expended from the border
security enhancement fund.
Sec. 411.810. ADOPTION OF RULES. The commission shall
adopt rules necessary to implement this subchapter.
SECTION 2. 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, 2021.