Texas 2021 - 87th Regular

Texas House Bill HB4461 Compare Versions

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

Old	New	Differences
1	1	87R15159 TYPED
2	2	By: Biedermann H.B. No. 4461
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a fund to pay for border security
8	8	enhancement projects; allocating the earnings on the balance of
9	9	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 421, Government Code, is amended by
12	12	adding Subchapter G to read as follows:
13	13	SUBCHAPTER G. BORDER SECURITY ENHANCEMENT CONSTRUCTION
14	14	Sec. 421.101. DEFINITION. In this subchapter, "fund" means
15	15	the border security enhancement fund.
16	16	Sec. 421.102. 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	governor under this subchapter and rules adopted by the governor
20	20	under this subchapter.
21	21	(b) The fund consists of:
22	22	(1) appropriations of money made by the legislature
23	23	for deposit to the credit of the fund; and
24	24	(2) gifts, grants, or donations made to the fund.
25	25	Sec. 421.103. FUND INTEREST. The comptroller shall deposit
26	26	to the credit of the foundation school fund interest and other
27	27	earnings made on the balance of the fund.
28	28	Sec. 421.104. USE OF FUND. The governor may use money in
29	29	the fund only to plan, design, construct, or maintain along this
30	30	state's international border physical barriers, secondary barriers
31	31	in locations where fences or other barriers have been erected,
32	32	technology, clearing of non-indigenous plants, commercial vehicle
33	33	inspection infrastructure at the ports of entry to prevent illegal
34	34	entry into the United States of aliens without official approval of
35	35	an appropriate federal governmental authority, terrorists,
36	36	instruments of terrorism, and contraband, human trafficking,
37	37	including narcotics and other controlled substances.
38	38	Sec. 421.105. POWERS OF GOVERNOR. The governor may:
39	39	(1) enter into contracts and agreements as necessary
40	40	to carry out this subchapter; and
41	41	(2) waive legal requirements as necessary to ensure
42	42	expeditious design, testing, construction, installation,
43	43	deployment, operation, and maintenance of physical barriers,
44	44	secondary barriers, technology, and related infrastructure under
45	45	this subchapter.
46	46	Sec. 421.106. CONSULTATION. The governor may not use money
47	47	from the fund to plan, design, construct, or maintain along this
48	48	state's international border a physical barrier, secondary
49	49	barrier, technology, or related infrastructure, or contract with a
50	50	third party to perform those activities, unless the governor
51	51	consults with the commissioner of the General Land Office and
52	52	appropriate federal governmental authorities to coordinate border
53	53	security efforts.
54	54	Sec. 421.107. TEXAS CONTRACTOR PREFERENCE. If the governor
55	55	seeks to contract with a private entity using money from the fund,
56	56	the governor must give preference to an entity that:
57	57	(1) is incorporated or otherwise formed under the laws
58	58	of this state; or
59	59	(2) has a headquarters or other principal office
60	60	located in this state.
61	61	Sec. 421.108. VERIFICATION BY CONTRACTORS. (a) In this
62	62	section "E-verify program" has the meaning assigned by Section
63	63	673.001.
64	64	(b) The governor may not award a contract under this
65	65	subchapter unless the proposed contractor registers with and
66	66	participates in the E-verify program to verify employee
67	67	information. The contractor must continue to participate in the
68	68	program during the term of the contract.
69	69	(c) The governor shall adopt procedures for the
70	70	administration of this section.
71	71	Sec. 421.109. REIMBURSEMENT. (a) The governor shall make a
72	72	request to the federal government for reimbursement of the amounts
73	73	expended from the fund.
74	74	(b) The comptroller shall deposit to the credit of the
75	75	foundation school fund an amount received from the federal
76	76	government as a reimbursement of an amount expended from the fund.
77	77	Sec. 421.110. The governor shall adopt rules necessary to
78	78	carry out this subchapter.
79	79	Sec. 421.111. PILOT PROGRAM. (a) The governor shall
80	80	determine the location for the project.
81	81	(b) The governor shall administer a pilot program starting
82	82	January 1, 2022 to implement this subchapter.
83	83	SECTION 2. This Act takes effect immediately if it receives
84	84	a vote of two-thirds of all the members elected to each house, as
85	85	provided by Section 39, Article III, Texas Constitution. If this
86	86	Act does not receive the vote necessary for immediate effect, this
87	87	Act takes effect September 1, 2021.