87R15159 TYPED
By: Biedermann H.B. No. 4461
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a fund to pay for border security
enhancement 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 421, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. BORDER SECURITY ENHANCEMENT CONSTRUCTION
Sec. 421.101. DEFINITION. In this subchapter, "fund" means
the border security enhancement fund.
Sec. 421.102. 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
governor under this subchapter and rules adopted by the governor
under this subchapter.
(b) The fund consists of:
(1) appropriations of money made by the legislature
for deposit to the credit of the fund; and
(2) gifts, grants, or donations made to 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 fund.
Sec. 421.104. USE OF FUND. The governor may use money in
the fund only to plan, design, construct, or maintain along this
state's international border physical barriers, secondary barriers
in locations where fences or other barriers have been erected,
technology, clearing of non-indigenous plants, commercial vehicle
inspection infrastructure at the ports of entry to prevent illegal
entry into the United States of aliens without official approval of
an appropriate federal governmental authority, terrorists,
instruments of terrorism, and contraband, human trafficking,
including narcotics and other controlled substances.
Sec. 421.105. POWERS OF GOVERNOR. The governor may:
(1) enter into contracts and agreements as necessary
to carry out this subchapter; and
(2) waive legal requirements as necessary to ensure
expeditious design, testing, construction, installation,
deployment, operation, and maintenance of physical barriers,
secondary barriers, technology, and related infrastructure under
this subchapter.
Sec. 421.106. CONSULTATION. The governor may not use money
from the fund to plan, design, construct, or maintain along this
state's international border a physical barrier, secondary
barrier, technology, or related infrastructure, or contract with a
third party to perform those activities, unless the governor
consults with the commissioner of the General Land Office and
appropriate federal governmental authorities to coordinate border
security efforts.
Sec. 421.107. 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. 421.108. VERIFICATION BY CONTRACTORS. (a) In this
section "E-verify program" has the meaning assigned by Section
673.001.
(b) The governor 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 governor shall adopt procedures for the
administration of this section.
Sec. 421.109. 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 fund.
Sec. 421.110. The governor shall adopt rules necessary to
carry out this subchapter.
Sec. 421.111. PILOT PROGRAM. (a) The governor shall
determine the location for the project.
(b) The governor shall administer a pilot program starting
January 1, 2022 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.