| 1 | 1 | | 87S30561 MCK-D |
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| 2 | 2 | | By: Toth H.B. No. 163 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the employment and licensing of border security |
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| 8 | 8 | | officers employed by the Department of Public Safety; making an |
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| 9 | 9 | | appropriation. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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| 12 | 12 | | amended by adding Section 411.02091 to read as follows: |
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| 13 | 13 | | Sec. 411.02091. BORDER SECURITY OFFICERS. (a) The |
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| 14 | 14 | | department may employ as a border security officer to assist |
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| 15 | 15 | | department efforts along the Texas-Mexico border an individual who: |
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| 16 | 16 | | (1) has served in the United States armed forces and |
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| 17 | 17 | | received either: |
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| 18 | 18 | | (A) an honorable discharge; or |
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| 19 | 19 | | (B) a dishonorable discharge because the |
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| 20 | 20 | | individual refused to be vaccinated against COVID-19; and |
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| 21 | 21 | | (2) holds a border security officer license issued by |
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| 22 | 22 | | the Texas Commission on Law Enforcement. |
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| 23 | 23 | | (b) The department shall develop for border security |
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| 24 | 24 | | officers a training program that complies with the requirements of |
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| 25 | 25 | | Subchapter P, Chapter 1701, Occupations Code. |
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| 26 | 26 | | SECTION 2. Chapter 1701, Occupations Code, is amended by |
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| 27 | 27 | | adding Subchapter P to read as follows: |
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| 28 | 28 | | SUBCHAPTER P. BORDER SECURITY OFFICERS |
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| 29 | 29 | | Sec. 1701.751. BORDER SECURITY OFFICER LICENSE. (a) The |
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| 30 | 30 | | commission shall adopt rules establishing a border security officer |
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| 31 | 31 | | license for border security officers of the Department of Public |
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| 32 | 32 | | Safety. |
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| 33 | 33 | | (b) The rules adopted under Subsection (a) must provide for |
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| 34 | 34 | | an application process for a border security officer license that |
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| 35 | 35 | | is similar to the application process for a peace officer license. |
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| 36 | 36 | | Sec. 1701.752. ELIGIBILITY. A border security officer |
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| 37 | 37 | | license may be issued only to an individual who: |
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| 38 | 38 | | (1) served in the United States armed forces and |
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| 39 | 39 | | received either: |
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| 40 | 40 | | (A) an honorable discharge; or |
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| 41 | 41 | | (B) a dishonorable discharge because the |
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| 42 | 42 | | individual refused to be vaccinated against COVID-19; and |
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| 43 | 43 | | (2) satisfies the eligibility requirements |
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| 44 | 44 | | established by commission rule. |
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| 45 | 45 | | Sec. 1701.753. REQUIRED TRAINING. The commission, in |
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| 46 | 46 | | consultation with the Department of Public Safety, shall establish |
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| 47 | 47 | | training requirements for border security officers. |
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| 48 | 48 | | Sec. 1701.754. AUTHORITY OF BORDER SECURITY OFFICER. (a) |
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| 49 | 49 | | An individual who holds a border security officer license has the |
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| 50 | 50 | | same authority as a peace officer except as otherwise provided by |
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| 51 | 51 | | commission rule. |
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| 52 | 52 | | (b) The commission, in consultation with the Department of |
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| 53 | 53 | | Public Safety, shall adopt rules to implement this section. |
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| 54 | 54 | | SECTION 3. The amount of $1 billion is appropriated from the |
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| 55 | 55 | | general revenue fund to the Department of Public Safety of the State |
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| 56 | 56 | | of Texas for the purpose of providing salaries to border security |
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| 57 | 57 | | officers employed by the department during the two-year period |
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| 58 | 58 | | beginning on the effective date of this Act. |
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| 59 | 59 | | SECTION 4. This Act takes effect immediately if it receives |
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| 60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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| 61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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| 63 | 63 | | Act takes effect on the 91st day after the last day of the |
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| 64 | 64 | | legislative session. |
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