Texas 2023 - 88th Regular

Texas House Bill HB209 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R4044 YDB-D
2	2	By: Slaton H.B. No. 209
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to border security enhancement projects, the creation of a
8	8	fund to pay for those projects, and a study on certain projects;
9	9	allocating the earnings on the fund balance and reimbursement of
10	10	related 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 established outside the general revenue fund and
20	20	administered by the department under this subchapter and rules
21	21	adopted by the commission under this subchapter.
22	22	(b) The fund consists of:
23	23	(1) money the legislature appropriates for deposit to
24	24	the credit of the fund; and
25	25	(2) gifts, grants, and donations this state receives
26	26	for the purposes of the fund, including gifts, grants, and
27	27	donations made by other states or through crowdfunding.
28	28	Sec. 411.803. FUND INTEREST. The comptroller shall deposit
29	29	to the credit of the economic stabilization fund the interest and
30	30	other earnings made on the balance of the border security
31	31	enhancement fund.
32	32	Sec. 411.804. USE OF FUND. (a) The department may use
33	33	money in the fund only for:
34	34	(1) the purposes of preventing:
35	35	(A) human trafficking; and
36	36	(B) illegal entry into the United States of:
37	37	(i) aliens without an appropriate federal
38	38	governmental authority's official approval;
39	39	(ii) terrorists;
40	40	(iii) instruments of terrorism; and
41	41	(iv) contraband, including narcotics and
42	42	other controlled substances; and
43	43	(2) the following activities:
44	44	(A) planning, designing, constructing, and
45	45	maintaining along this state's international border water and
46	46	transportation infrastructure, technology, and commercial vehicle
47	47	inspection infrastructure at ports of entry; and
48	48	(B) clearing nonindigenous plants.
49	49	(b) Using money from the fund, the department shall
50	50	construct a wall along this state's international border to be
51	51	named the "President Donald J. Trump Wall." The wall must be
52	52	constructed to department specifications and to federal
53	53	specifications as provided in Executive Order 13767 (82 Fed. Reg.
54	54	8793 (January 30, 2017)).
55	55	Sec. 411.805. CONTRACTS AND AGREEMENTS. The department may
56	56	enter into contracts and agreements as necessary to implement this
57	57	subchapter.
58	58	Sec. 411.806. CONSULTATION. (a) The department may not use
59	59	money from the fund to plan, design, construct, or maintain along
60	60	this state's international border water and transportation
61	61	infrastructure, technology, or commercial vehicle inspection
62	62	infrastructure, to clear nonindigenous plants, or to contract with
63	63	a third party to perform those activities, unless the department
64	64	consults with the commissioner of agriculture to coordinate border
65	65	security efforts.
66	66	(b) The department shall consult with the commissioner of
67	67	agriculture for the acquisition of any land necessary to implement
68	68	this subchapter.
69	69	Sec. 411.807. TEXAS CONTRACTOR PREFERENCE. (a) If the
70	70	department seeks to contract with a private entity using money from
71	71	the fund, the department must give preference to an entity that:
72	72	(1) is incorporated or otherwise formed under the laws
73	73	of this state; or
74	74	(2) has a headquarters or other principal office
75	75	located in this state.
76	76	(b) A private entity described by Subsection (a) that
77	77	contracts with subcontractors shall give preference to a
78	78	subcontractor that:
79	79	(1) is incorporated or otherwise formed under the laws
80	80	of this state; or
81	81	(2) has a headquarters or other principal office
82	82	located in this state.
83	83	Sec. 411.808. VERIFICATION BY CONTRACTORS. (a) In this
84	84	section, "E-verify program" has the meaning assigned by Section
85	85	673.001.
86	86	(b) The department may not award a contract under this
87	87	subchapter unless the proposed contractor and any subcontractor
88	88	register with and participate in the E-verify program to verify
89	89	employee information. The contractor and any subcontractor must
90	90	continue to participate in the program during the term of the
91	91	contract.
92	92	(c) The commission shall adopt procedures for the
93	93	administration of this section.
94	94	Sec. 411.809. REIMBURSEMENT. (a) The governor shall
95	95	submit to the federal government a request for reimbursement of
96	96	amounts expended from the fund, including any appropriate interest
97	97	and late fees.
98	98	(b) The comptroller shall deposit to the credit of the
99	99	economic stabilization fund an amount received from the federal
100	100	government as a reimbursement of an amount expended from the border
101	101	security enhancement fund.
102	102	Sec. 411.810. ADOPTION OF RULES. The commission shall
103	103	adopt rules necessary to implement this subchapter.
104	104	SECTION 2. Chapter 12, Agriculture Code, is amended by
105	105	adding Section 12.052 to read as follows:
106	106	Sec. 12.052. EMINENT DOMAIN. (a) The department may
107	107	exercise the power of eminent domain to acquire:
108	108	(1) land in fee simple; or
109	109	(2) any interest less than fee simple in, on, under, or
110	110	above land, including an easement, right-of-way, or right of use of
111	111	airspace or subsurface space.
112	112	(b) An eminent domain proceeding brought by the department
113	113	is governed by Chapter 21, Property Code, except to the extent
114	114	inconsistent with this section.
115	115	(c) An eminent domain proceeding begins with the
116	116	commissioner's adoption of a resolution declaring that the
117	117	department's acquisition of the property or interest described in
118	118	the resolution:
119	119	(1) is a public necessity; and
120	120	(2) is necessary and proper for the construction,
121	121	extension, improvement, or development of a wall described by
122	122	Section 411.804, Government Code, and is in the public interest.
123	123	(d) The resolution is conclusive evidence of the public
124	124	necessity of the proposed acquisition and that the real property or
125	125	interest in property is necessary for public use.
126	126	SECTION 3. (a) In this section, "department" means the
127	127	Department of Public Safety of the State of Texas.
128	128	(b) The department shall conduct a study on the construction
129	129	of a wall along this state's international border as described by
130	130	Section 411.804, Government Code, as added by this Act. In
131	131	conducting the study, the department shall:
132	132	(1) estimate the cost for completing an operational
133	133	wall;
134	134	(2) determine the geographic areas along the border
135	135	most in need of the wall; and
136	136	(3) calculate the total distance in miles of the
137	137	geographic areas described by Subdivision (2) of this subsection.
138	138	(c) Not later than December 1, 2024, the department shall
139	139	submit a report of the study conducted under this section to the
140	140	governor, the lieutenant governor, the speaker of the house of
141	141	representatives, and each member of the legislature.
142	142	SECTION 4. This Act takes effect immediately if it receives
143	143	a vote of two-thirds of all the members elected to each house, as
144	144	provided by Section 39, Article III, Texas Constitution. If this
145	145	Act does not receive the vote necessary for immediate effect, this
146	146	Act takes effect September 1, 2023.