Texas 2021 - 87th 1st C.S.

Texas House Bill HB91 Compare Versions

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

Old	New	Differences
1	1	87S10156 YDB-D
2	2	By: Slaton H.B. No. 91
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to border security enhancement projects, a fund to pay for
8	8	those projects, and a study on certain projects; allocating the
9	9	earnings on the fund balance and reimbursement of related
10	10	expenditures; granting the power of eminent domain.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 411, Government Code, is amended by
13	13	adding Subchapter W to read as follows:
14	14	SUBCHAPTER W. BORDER SECURITY ENHANCEMENT
15	15	Sec. 411.801. DEFINITION. In this subchapter, "fund" means
16	16	the border security enhancement fund.
17	17	Sec. 411.802. BORDER SECURITY ENHANCEMENT FUND. (a) The
18	18	border security enhancement fund is a special fund in the state
19	19	treasury outside the general revenue fund to be administered by the
20	20	department under this subchapter and rules adopted by the
21	21	commission under this subchapter.
22	22	(b) The fund consists of:
23	23	(1) appropriations of money made by the legislature
24	24	for deposit to the credit of the fund; and
25	25	(2) gifts, grants, and donations received by this
26	26	state for the purposes of the fund, including gifts, grants, and
27	27	donations made by other states or through a publicly accessible
28	28	Internet website created and maintained by the department.
29	29	Sec. 411.803. FUND INTEREST. The comptroller shall deposit
30	30	to the credit of the economic stabilization fund the interest and
31	31	other earnings made on the balance of the border security
32	32	enhancement fund.
33	33	Sec. 411.804. USE OF FUND. (a) The department may use
34	34	money in the fund to prevent human trafficking and the illegal entry
35	35	into the United States of aliens without an appropriate federal
36	36	governmental authority's official approval, terrorists,
37	37	instruments of terrorism, and contraband, including narcotics and
38	38	other controlled substances, provided that use is only for:
39	39	(1) planning, designing, constructing, and
40	40	maintaining:
41	41	(A) technology and water and transportation
42	42	infrastructure along this state's international border; and
43	43	(B) commercial vehicle inspection infrastructure
44	44	at ports of entry on the border; and
45	45	(2) clearing nonindigenous plants.
46	46	(b) The department must include as part of the technology
47	47	and transportation infrastructure along this state's international
48	48	border and commercial vehicle inspection infrastructure at ports of
49	49	entry on the border the construction to department specifications
50	50	and to federal specifications for similar infrastructure of a wall
51	51	to be named the "President Donald J. Trump Wall."
52	52	Sec. 411.805. CONTRACTS AND AGREEMENTS. The department may
53	53	enter into any contract or agreement necessary to implement this
54	54	subchapter.
55	55	Sec. 411.806. CONSULTATION. (a) The department may not use
56	56	money from the fund to perform the activities described by Sections
57	57	411.804(a)(1) or (2) or to contract with a third party to perform
58	58	those activities, unless the department consults with the
59	59	commissioner of agriculture to coordinate border security efforts.
60	60	(b) The department shall consult with the commissioner of
61	61	agriculture for the acquisition of any land necessary to implement
62	62	this subchapter.
63	63	Sec. 411.807. TEXAS CONTRACTOR PREFERENCE. (a) If the
64	64	department seeks to contract with a private entity using money from
65	65	the fund, the department must give preference to an entity that:
66	66	(1) is incorporated or otherwise formed under the laws
67	67	of this state; or
68	68	(2) has a headquarters or other principal office
69	69	located in this state.
70	70	(b) A private entity described by Subsection (a) that
71	71	contracts with subcontractors shall give preference to a
72	72	subcontractor that:
73	73	(1) is incorporated or otherwise formed under the laws
74	74	of this state; or
75	75	(2) has a headquarters or other principal office
76	76	located in this state.
77	77	Sec. 411.808. VERIFICATION BY CONTRACTORS. (a) In this
78	78	section, "E-verify program" has the meaning assigned by Section
79	79	673.001.
80	80	(b) The department may not award a contract under this
81	81	subchapter unless the proposed contractor and any subcontractor
82	82	register with and participate in the E-verify program to verify
83	83	employee information. The contractor and any subcontractor must
84	84	continue to participate in the program during the term of the
85	85	contract.
86	86	(c) The commission shall adopt procedures for the
87	87	administration of this section.
88	88	Sec. 411.809. REIMBURSEMENT. (a) The governor shall
89	89	submit a request to the federal government for reimbursement of
90	90	amounts expended from the fund, including any appropriate interest
91	91	and late fees.
92	92	(b) The comptroller shall deposit to the credit of the
93	93	economic stabilization fund an amount received from the federal
94	94	government as a reimbursement of an amount expended from the border
95	95	security enhancement fund.
96	96	Sec. 411.810. ADOPTION OF RULES. The commission shall
97	97	adopt the rules necessary to implement this subchapter.
98	98	SECTION 2. Chapter 12, Agriculture Code, is amended by
99	99	adding Section 12.052 to read as follows:
100	100	Sec. 12.052. EMINENT DOMAIN. (a) The department may
101	101	exercise the power of eminent domain to acquire:
102	102	(1) land in fee simple; or
103	103	(2) any interest less than fee simple in, on, under, or
104	104	above land, including an easement, right-of-way, or right of use of
105	105	airspace or subsurface space.
106	106	(b) An eminent domain proceeding brought by the department
107	107	is governed by Chapter 21, Property Code, except to the extent
108	108	inconsistent with this section.
109	109	(c) An eminent domain proceeding begins with the
110	110	commissioner's adoption of a resolution declaring that the
111	111	department's acquisition of the property or interest described in
112	112	the resolution:
113	113	(1) is a public necessity; and
114	114	(2) is necessary and proper for the construction,
115	115	extension, improvement, or development of a wall described by
116	116	Section 411.804, Government Code, and is in the public interest.
117	117	(d) The resolution is conclusive evidence of the public
118	118	necessity of the proposed acquisition and that the real property or
119	119	interest in property is necessary for public use.
120	120	SECTION 3. (a) In this section, "department" means the
121	121	Department of Public Safety of the State of Texas.
122	122	(b) The department shall conduct a study on the construction
123	123	of a wall along this state's international border as described by
124	124	Section 411.804, Government Code, as added by this Act. In
125	125	conducting the study, the department shall:
126	126	(1) estimate the cost for completing an operational
127	127	wall;
128	128	(2) determine the geographic areas along the border
129	129	most in need of the wall; and
130	130	(3) calculate the total distance in miles of the
131	131	geographic areas described by Subdivision (2) of this subsection.
132	132	(c) Not later than December 1, 2022, the department shall
133	133	submit a report of the study conducted under this section to the
134	134	governor, the lieutenant governor, the speaker of the house of
135	135	representatives, and each member of the legislature.
136	136	SECTION 4. This Act takes effect immediately if it receives
137	137	a vote of two-thirds of all the members elected to each house, as
138	138	provided by Section 39, Article III, Texas Constitution. If this
139	139	Act does not receive the vote necessary for immediate effect, this
140	140	Act takes effect on the 91st day after the last day of the
141	141	legislative session.