88R4044 YDB-D
By: Slaton H.B. No. 209
A BILL TO BE ENTITLED
AN ACT
relating to border security enhancement projects, the creation of a
fund to pay for those projects, and a study on certain projects;
allocating the earnings on the fund balance and reimbursement of
related expenditures; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter W to read as follows:
SUBCHAPTER W. BORDER SECURITY ENHANCEMENT
Sec. 411.801. DEFINITION. In this subchapter, "fund" means
the border security enhancement fund.
Sec. 411.802. BORDER SECURITY ENHANCEMENT FUND. (a) The
border security enhancement fund is a special fund in the state
treasury established outside the general revenue fund and
administered by the department under this subchapter and rules
adopted by the commission under this subchapter.
(b) The fund consists of:
(1) money the legislature appropriates for deposit to
the credit of the fund; and
(2) gifts, grants, and donations this state receives
for the purposes of the fund, including gifts, grants, and
donations made by other states or through crowdfunding.
Sec. 411.803. FUND INTEREST. The comptroller shall deposit
to the credit of the economic stabilization fund the interest and
other earnings made on the balance of the border security
enhancement fund.
Sec. 411.804. USE OF FUND. (a) The department may use
money in the fund only for:
(1) the purposes of preventing:
(A) human trafficking; and
(B) illegal entry into the United States of:
(i) aliens without an appropriate federal
governmental authority's official approval;
(ii) terrorists;
(iii) instruments of terrorism; and
(iv) contraband, including narcotics and
other controlled substances; and
(2) the following activities:
(A) planning, designing, constructing, and
maintaining along this state's international border water and
transportation infrastructure, technology, and commercial vehicle
inspection infrastructure at ports of entry; and
(B) clearing nonindigenous plants.
(b) Using money from the fund, the department shall
construct a wall along this state's international border to be
named the "President Donald J. Trump Wall." The wall must be
constructed to department specifications and to federal
specifications as provided in Executive Order 13767 (82 Fed. Reg.
8793 (January 30, 2017)).
Sec. 411.805. CONTRACTS AND AGREEMENTS. The department may
enter into contracts and agreements as necessary to implement this
subchapter.
Sec. 411.806. CONSULTATION. (a) The department may not use
money from the fund to plan, design, construct, or maintain along
this state's international border water and transportation
infrastructure, technology, or commercial vehicle inspection
infrastructure, to clear nonindigenous plants, or to contract with
a third party to perform those activities, unless the department
consults with the commissioner of agriculture to coordinate border
security efforts.
(b) The department shall consult with the commissioner of
agriculture for the acquisition of any land necessary to implement
this subchapter.
Sec. 411.807. TEXAS CONTRACTOR PREFERENCE. (a) If the
department seeks to contract with a private entity using money from
the fund, the department 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.
(b) A private entity described by Subsection (a) that
contracts with subcontractors shall give preference to a
subcontractor 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. 411.808. VERIFICATION BY CONTRACTORS. (a) In this
section, "E-verify program" has the meaning assigned by Section
673.001.
(b) The department may not award a contract under this
subchapter unless the proposed contractor and any subcontractor
register with and participate in the E-verify program to verify
employee information. The contractor and any subcontractor must
continue to participate in the program during the term of the
contract.
(c) The commission shall adopt procedures for the
administration of this section.
Sec. 411.809. REIMBURSEMENT. (a) The governor shall
submit to the federal government a request for reimbursement of
amounts expended from the fund, including any appropriate interest
and late fees.
(b) The comptroller shall deposit to the credit of the
economic stabilization fund an amount received from the federal
government as a reimbursement of an amount expended from the border
security enhancement fund.
Sec. 411.810. ADOPTION OF RULES. The commission shall
adopt rules necessary to implement this subchapter.
SECTION 2. Chapter 12, Agriculture Code, is amended by
adding Section 12.052 to read as follows:
Sec. 12.052. EMINENT DOMAIN. (a) The department may
exercise the power of eminent domain to acquire:
(1) land in fee simple; or
(2) any interest less than fee simple in, on, under, or
above land, including an easement, right-of-way, or right of use of
airspace or subsurface space.
(b) An eminent domain proceeding brought by the department
is governed by Chapter 21, Property Code, except to the extent
inconsistent with this section.
(c) An eminent domain proceeding begins with the
commissioner's adoption of a resolution declaring that the
department's acquisition of the property or interest described in
the resolution:
(1) is a public necessity; and
(2) is necessary and proper for the construction,
extension, improvement, or development of a wall described by
Section 411.804, Government Code, and is in the public interest.
(d) The resolution is conclusive evidence of the public
necessity of the proposed acquisition and that the real property or
interest in property is necessary for public use.
SECTION 3. (a) In this section, "department" means the
Department of Public Safety of the State of Texas.
(b) The department shall conduct a study on the construction
of a wall along this state's international border as described by
Section 411.804, Government Code, as added by this Act. In
conducting the study, the department shall:
(1) estimate the cost for completing an operational
wall;
(2) determine the geographic areas along the border
most in need of the wall; and
(3) calculate the total distance in miles of the
geographic areas described by Subdivision (2) of this subsection.
(c) Not later than December 1, 2024, the department shall
submit a report of the study conducted under this section to the
governor, the lieutenant governor, the speaker of the house of
representatives, and each member of the legislature.
SECTION 4. 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, 2023.