TX
Texas House Bill HB3782

Texas 2023 - 88th Regular

Texas House Bill HB3782 Compare Versions

OldNewDifferences
11 By: Guillen, Raymond, Morales of Maverick, H.B. No. 3782
22 Muñoz, Jr., Lopez of Cameron, et al.
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to establishing the Border Security Advisory Council and
88 the Border Protection Task Force.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 ARTICLE 1. BORDER SECURITY ADVISORY COUNCIL
1111 SECTION 1.01. Subchapter B-1, Chapter 421, Government Code,
1212 is amended by adding Section 421.0425 to read as follows:
1313 Sec. 421.0425. BORDER SECURITY ADVISORY COUNCIL. (a) The
1414 Border Security Advisory Council is a permanent special advisory
1515 committee created to advise the legislature and the governor or the
1616 governor's designee on homeland security issues impacting the
1717 security of the Texas-Mexico border and on streamlining statewide
1818 border security activities and initiatives.
1919 (b) The council is composed of:
2020 (1) the lieutenant governor;
2121 (2) the speaker of the house of representatives;
2222 (3) four senators appointed by the lieutenant governor
2323 who collectively meet the following requirements:
2424 (A) two senators must be members of the political
2525 party with the most members in the senate and two senators must be
2626 members of the political party with the second most members in the
2727 senate;
2828 (B) two senators must represent senatorial
2929 districts located in the border region; and
3030 (C) one senator must be the chair of the senate
3131 standing committee with primary jurisdiction over border security
3232 issues;
3333 (4) four members of the house of representatives
3434 appointed by the speaker of the house of representatives who
3535 collectively meet the following requirements:
3636 (A) two representatives must be members of the
3737 political party with the most members in the house and two
3838 representatives must be members of the political party with the
3939 second most members in the house;
4040 (B) two representatives must represent house
4141 districts located in the border region; and
4242 (C) one representative must be the chair of the
4343 house standing committee with primary jurisdiction over border
4444 security issues;
4545 (5) as nonvoting members, the executive head of or a
4646 designee from each of the following:
4747 (A) Department of Public Safety;
4848 (B) Texas Military Department;
4949 (C) Texas Division of Emergency Management;
5050 (D) Parks and Wildlife Department;
5151 (E) Texas Department of Criminal Justice; and
5252 (F) Office of Court Administration of the Texas
5353 Judicial System;
5454 (6) as a nonvoting member, the presiding officer of
5555 the border prosecution unit established under Section 772.052;
5656 (7) the following nonvoting members appointed by the
5757 governor or the governor's designee:
5858 (A) one representative of a county located in the
5959 border region, other than a sheriff;
6060 (B) one sheriff of a county located in the border
6161 region;
6262 (C) one representative of a municipality located
6363 in the border region, other than a municipal police chief;
6464 (D) one police chief of a municipality located in
6565 the border region; and
6666 (E) one representative of the business community
6767 involved in international trade across the Texas-Mexico border; and
6868 (8) other nonvoting members as determined by the
6969 governor or the governor's designee.
7070 (c) The lieutenant governor and the speaker of the house of
7171 representatives are joint chairs of the council.
7272 (d) A majority of the voting members of the council
7373 constitutes a quorum to transact business. If a quorum is present,
7474 the council may act on any matter within the council's jurisdiction
7575 by a majority vote.
7676 (e) The council shall meet as often as necessary to perform
7777 the council's duties. Meetings may be held at any time at the
7878 request of either chair.
7979 (f) As an exception to Chapter 551 and other law, for a
8080 meeting at which both joint chairs of the council are physically
8181 present, any number of the other council members may attend the
8282 meeting by use of telephone conference call, video conference call,
8383 or other similar technology. This subsection applies for purposes
8484 of establishing a quorum or voting or for any other purpose allowing
8585 the members to fully participate in any council meeting. This
8686 subsection applies without regard to the subject or topics
8787 considered by the members at the meeting.
8888 (g) A council meeting held by use of telephone conference
8989 call, video conference call, or other similar technology:
9090 (1) is subject to the notice requirements applicable
9191 to other meetings;
9292 (2) must specify in the notice of the meeting the
9393 location at which the joint chairs will be physically present;
9494 (3) must be open to the public and audible to the
9595 public at the location specified in the notice under Subdivision
9696 (2); and
9797 (4) must provide two-way audio communication between
9898 all council members attending the meeting during the entire
9999 meeting, and if the two-way audio communication link with any
100100 member attending the meeting is disrupted at any time, the meeting
101101 may not continue until the two-way audio communication link is
102102 reestablished.
103103 (h) In addition to the duties under Section 421.045, the
104104 council shall:
105105 (1) use statistical analyses and other research
106106 methods to conduct an in-depth examination of border safety
107107 initiatives and programs in this state that includes:
108108 (A) an assessment of the cost-effectiveness of
109109 the use of state and local funds in ensuring border safety;
110110 (B) an identification of critical border safety
111111 problems; and
112112 (C) a determination of the state's long-range
113113 border safety needs;
114114 (2) recommend to the legislature and the governor:
115115 (A) strategies to solve the problems identified
116116 under Subdivision (1)(B);
117117 (B) policy priorities to address the long-range
118118 needs determined under Subdivision (1)(C); and
119119 (C) measures based on objective research and
120120 analysis to help guide state border safety policies;
121121 (3) advise the legislature and the governor regarding:
122122 (A) coordinating the goals and responsibilities
123123 for border security efforts of local and state agencies with
124124 jurisdiction over border security;
125125 (B) developing procedures for streamlining
126126 decision-making of local and state agencies with jurisdiction over
127127 border security; and
128128 (C) improving transparency of border security
129129 operations; and
130130 (4) advise and assist the legislature and the governor
131131 in developing plans, programs, and proposed legislation to improve
132132 the effectiveness of border safety initiatives and programs.
133133 (i) The council may hire staff or may contract with
134134 universities or other suitable entities to assist the council in
135135 carrying out the council's duties. Funding to support the
136136 operation of the council shall be provided from funds appropriated
137137 to the Texas Legislative Council.
138138 (j) Not later than January 1 of each odd-numbered year, the
139139 council shall submit to the legislature and the governor a report
140140 that contains the recommendations described by Subsection (h)(2).
141141 SECTION 1.02. Section 421.044, Government Code, is amended
142142 to read as follows:
143143 Sec. 421.044. COMPENSATION AND REIMBURSEMENT OF EXPENSES
144144 PROHIBITED. (a) A person who is a member of a permanent special
145145 advisory committee created under this subchapter is not entitled to
146146 receive:
147147 (1) compensation from this state for service on the
148148 committee; or
149149 (2) except as provided by Subsection (b), travel
150150 expenses incurred by the person while conducting the business of
151151 the committee.
152152 (b) A member of the Border Security Advisory Council created
153153 under Section 421.0425 is entitled to travel expenses described by
154154 Subsection (a)(2) as provided by the General Appropriations Act.
155155 ARTICLE 2. BORDER PROTECTION TASK FORCE
156156 SECTION 2.01. Article 2.12, Code of Criminal Procedure, is
157157 amended to read as follows:
158158 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
159159 officers:
160160 (1) sheriffs, their deputies, and those reserve
161161 deputies who hold a permanent peace officer license issued under
162162 Chapter 1701, Occupations Code;
163163 (2) constables, deputy constables, and those reserve
164164 deputy constables who hold a permanent peace officer license issued
165165 under Chapter 1701, Occupations Code;
166166 (3) marshals or police officers of an incorporated
167167 city, town, or village, and those reserve municipal police officers
168168 who hold a permanent peace officer license issued under Chapter
169169 1701, Occupations Code;
170170 (4) rangers, officers, and members of the reserve
171171 officer corps commissioned by the Public Safety Commission and the
172172 Director of the Department of Public Safety;
173173 (5) investigators of the district attorneys', criminal
174174 district attorneys', and county attorneys' offices;
175175 (6) law enforcement agents of the Texas Alcoholic
176176 Beverage Commission;
177177 (7) each member of an arson investigating unit
178178 commissioned by a city, a county, or the state;
179179 (8) officers commissioned under Section 37.081,
180180 Education Code, or Subchapter E, Chapter 51, Education Code;
181181 (9) officers commissioned by the General Services
182182 Commission;
183183 (10) law enforcement officers commissioned by the
184184 Parks and Wildlife Commission;
185185 (11) officers commissioned under Chapter 23,
186186 Transportation Code;
187187 (12) municipal park and recreational patrolmen and
188188 security officers;
189189 (13) security officers and investigators commissioned
190190 as peace officers by the comptroller;
191191 (14) officers commissioned by a water control and
192192 improvement district under Section 49.216, Water Code;
193193 (15) officers commissioned by a board of trustees
194194 under Chapter 54, Transportation Code;
195195 (16) investigators commissioned by the Texas Medical
196196 Board;
197197 (17) officers commissioned by:
198198 (A) the board of managers of the Dallas County
199199 Hospital District, the Tarrant County Hospital District, the Bexar
200200 County Hospital District, or the El Paso County Hospital District
201201 under Section 281.057, Health and Safety Code;
202202 (B) the board of directors of the Ector County
203203 Hospital District under Section 1024.117, Special District Local
204204 Laws Code;
205205 (C) the board of directors of the Midland County
206206 Hospital District of Midland County, Texas, under Section 1061.121,
207207 Special District Local Laws Code; and
208208 (D) the board of hospital managers of the Lubbock
209209 County Hospital District of Lubbock County, Texas, under Section
210210 1053.113, Special District Local Laws Code;
211211 (18) county park rangers commissioned under
212212 Subchapter E, Chapter 351, Local Government Code;
213213 (19) investigators employed by the Texas Racing
214214 Commission;
215215 (20) officers commissioned under Chapter 554,
216216 Occupations Code;
217217 (21) officers commissioned by the governing body of a
218218 metropolitan rapid transit authority under Section 451.108,
219219 Transportation Code, or by a regional transportation authority
220220 under Section 452.110, Transportation Code;
221221 (22) investigators commissioned by the attorney
222222 general under Section 402.009, Government Code;
223223 (23) security officers and investigators commissioned
224224 as peace officers under Chapter 466, Government Code;
225225 (24) officers appointed by an appellate court under
226226 Subchapter F, Chapter 53, Government Code;
227227 (25) officers commissioned by the state fire marshal
228228 under Chapter 417, Government Code;
229229 (26) an investigator commissioned by the commissioner
230230 of insurance under Section 701.104, Insurance Code;
231231 (27) apprehension specialists and inspectors general
232232 commissioned by the Texas Juvenile Justice Department as officers
233233 under Sections 242.102 and 243.052, Human Resources Code;
234234 (28) officers appointed by the inspector general of
235235 the Texas Department of Criminal Justice under Section 493.019,
236236 Government Code;
237237 (29) investigators commissioned by the Texas
238238 Commission on Law Enforcement under Section 1701.160, Occupations
239239 Code;
240240 (30) commission investigators commissioned by the
241241 Texas Private Security Board under Section 1702.061, Occupations
242242 Code;
243243 (31) the fire marshal and any officers, inspectors, or
244244 investigators commissioned by an emergency services district under
245245 Chapter 775, Health and Safety Code;
246246 (32) officers commissioned by the State Board of
247247 Dental Examiners under Section 254.013, Occupations Code, subject
248248 to the limitations imposed by that section;
249249 (33) investigators commissioned by the Texas Juvenile
250250 Justice Department as officers under Section 221.011, Human
251251 Resources Code; [and]
252252 (34) the fire marshal and any related officers,
253253 inspectors, or investigators commissioned by a county under
254254 Subchapter B, Chapter 352, Local Government Code; and
255255 (35) officers of the Border Protection Task Force
256256 commissioned by the task force chief under Section 425.054,
257257 Government Code.
258258 SECTION 2.02. Subtitle B, Title 4, Government Code, is
259259 amended by adding Chapter 425 to read as follows:
260260 CHAPTER 425. BORDER PROTECTION TASK FORCE
261261 SUBCHAPTER A. GENERAL PROVISIONS
262262 Sec. 425.001. DEFINITIONS. In this chapter:
263263 (1) "Alien" has the meaning assigned by 8 U.S.C.
264264 Section 1101.
265265 (2) "Border region" has the meaning assigned by
266266 Section 772.0071.
267267 (3) "Chief" means the chief of the task force.
268268 (4) "Governing body" means the governing body of the
269269 state agency selected under Section 425.002.
270270 (5) "Local government" means a municipality, county,
271271 special purpose district, or other political subdivision of this
272272 state.
273273 (6) "Port of entry" means a port or place designated by
274274 the United States Department of Homeland Security at which an alien
275275 may apply to the department for admission into the United States.
276276 (7) "State agency" means a board, commission,
277277 department, office, or other agency in the executive branch of
278278 state government.
279279 (8) "Task force" means the Border Protection Task
280280 Force established under this chapter.
281281 Sec. 425.002. BORDER SECURITY ADVISORY COUNCIL TO RECOMMEND
282282 STATE AGENCY FOR BORDER PROTECTION TASK FORCE. (a) The Border
283283 Security Advisory Council established under Section 421.0425 shall
284284 provide to the governor a list of recommendations for the state
285285 agency that will establish the Border Protection Task Force.
286286 (b) The governor shall select from the list under Subsection
287287 (a) the state agency that will establish the Border Protection Task
288288 Force.
289289 Sec. 425.003. BORDER PROTECTION TASK FORCE ESTABLISHED.
290290 (a) The governing body of the state agency selected under Section
291291 425.002 shall establish the Border Protection Task Force as a
292292 division within the agency to provide cross-functional expertise to
293293 border protection operations and improve efficiency and
294294 effectiveness of the border protection operations of the state
295295 agencies and political subdivisions of this state.
296296 (b) The governing body shall appoint, with the approval of
297297 the governor, a chief of the task force.
298298 (c) The chief serves at the will of the governing body.
299299 Sec. 425.004. TERM OF AUTHORIZATION. (a) The task force is
300300 subject to appropriations from the legislature and continues in
301301 existence until September 1, 2031, unless reauthorized by the
302302 legislature.
303303 (b) This chapter expires September 1, 2031.
304304 Sec. 425.005. HEADQUARTERS; REGIONAL OFFICES. The task
305305 force must be headquartered in the border region. The task force may
306306 establish regional offices along the Texas-Mexico border.
307307 Sec. 425.006. CONSOLIDATION OF STATE AGENCY BORDER
308308 OPERATIONS. (a) The chief shall identify resources the task force
309309 needs to conduct border protection operations, including
310310 personnel, equipment, and facilities owned or controlled by state
311311 agencies that conduct border protection operations under Operation
312312 Lone Star. The chief may identify any resources dedicated to border
313313 security that are owned or controlled by:
314314 (1) the office of the governor;
315315 (2) the office of the attorney general;
316316 (3) the Department of Public Safety;
317317 (4) the Texas Military Department;
318318 (5) the Parks and Wildlife Department;
319319 (6) the Texas Alcoholic Beverage Commission;
320320 (7) the Texas Department of Criminal Justice;
321321 (8) the Texas Commission on Jail Standards;
322322 (9) the Texas Commission on Law Enforcement;
323323 (10) the Office of Court Administration of the Texas
324324 Judicial System;
325325 (11) the Department of State Health Services;
326326 (12) the Texas Department of Motor Vehicles;
327327 (13) the Texas Division of Emergency Management;
328328 (14) the State Soil and Water Conservation Board; and
329329 (15) any other state agency designated by the
330330 governor.
331331 (b) Each state agency that owns or controls resources
332332 identified under Subsection (a) shall dedicate those resources to
333333 the task force and its duties.
334334 Sec. 425.007. REIMBURSEMENT FOR STATE USE OF LOCAL
335335 GOVERNMENT RESOURCES. (a) The chief shall identify resources the
336336 task force needs to conduct border protection operations, including
337337 personnel, equipment, and facilities owned or controlled by local
338338 governments that conduct border protection operations along the
339339 Texas-Mexico border.
340340 (b) A local government that owns or controls resources
341341 identified under Subsection (a) may by written agreement with the
342342 task force dedicate those resources to the task force and its
343343 duties.
344344 (c) A local government that dedicates resources to the task
345345 force under this section is entitled to reimbursement for the use of
346346 those resources as provided by the written agreement under
347347 Subsection (b) and the General Appropriations Act.
348348 Sec. 425.0071. EMPLOYMENT OF DEDICATED PERSONNEL;
349349 COOPERATIVE WORK. (a) A person who is dedicated to the task force
350350 under Section 425.006 or 425.007 remains an employee of the
351351 assigning state agency or local government but the person may be
352352 assigned duties by the chief.
353353 (b) A person who is dedicated to the task force shall work
354354 cooperatively with employees of the task force and other persons
355355 dedicated to the task force under the guidance of the chief to
356356 achieve efficiency in efforts by state agencies and local
357357 governments to enforce the law in the border region.
358358 Sec. 425.0072. COOPERATION WITH BORDER PROSECUTION UNIT.
359359 (a) In this section, "border prosecution unit" means the border
360360 prosecution unit established under Section 772.052.
361361 (b) The task force shall cooperate with the border
362362 prosecution unit to carry out the duties of the task force and the
363363 unit.
364364 (c) The border prosecution unit as needed may assign a
365365 prosecutor from the unit to the task force headquarters or any
366366 regional office of the task force.
367367 Sec. 425.008. GIFTS, GRANTS, AND DONATIONS. The task force
368368 may accept gifts, grants, and donations from any source, including
369369 private and nonprofit organizations, for the purposes of
370370 implementing this chapter.
371371 Sec. 425.009. FEDERAL AND LOCAL COOPERATION. The task
372372 force shall coordinate with any federal agency or any local
373373 government as necessary to carry out the duties of the task force.
374374 SUBCHAPTER B. POWERS AND DUTIES
375375 Sec. 425.051. GENERAL POWERS AND DUTIES OF CHIEF; RULES.
376376 (a) The chief shall:
377377 (1) formulate plans and policies for the protection of
378378 the citizens of this state in the Texas-Mexico border region,
379379 including the air, maritime, and land borders of this state;
380380 (2) organize the task force and supervise its
381381 operation;
382382 (3) maintain records of all task force proceedings and
383383 official orders; and
384384 (4) biennially submit a report of the task force's
385385 operations to the governor and legislature.
386386 (b) The chief is directly responsible to the governing body
387387 for the conduct of the task force and shall act as the chief
388388 administrative officer of the task force.
389389 (c) The chief, with the approval of the governing body, may
390390 adopt rules necessary to carry out the duties of the task force,
391391 including rules for procuring equipment and facilities, providing
392392 training, and adopting policies governing the personnel of the task
393393 force.
394394 Sec. 425.052. OPERATIONAL PLAN TO COORDINATE BORDER
395395 PROTECTION. (a) The chief or the chief's designee shall develop and
396396 recommend to the governor, the legislature, and the governing body
397397 a strategic plan that establishes the framework for the budgeting
398398 and operations of the task force, including homeland security
399399 strategies, to be administered by the task force and state agencies
400400 that provide assistance to the task force.
401401 (b) The strategic plan under Subsection (a) must include:
402402 (1) goals and performance measures that involve
403403 collaboration with other state agencies and local governments; and
404404 (2) an evaluation of 8 U.S.C. Section 1325(a) and
405405 other federal laws relating to the requirement that the admission
406406 of aliens into the United States occur only at ports of entry.
407407 (c) The chief shall annually report to the governor, the
408408 legislature, and the governing body on the implementation of the
409409 strategic plan.
410410 Sec. 425.053. DEPUTY CHIEFS. The chief, with the approval
411411 of the governing body, may appoint deputy chiefs and regional
412412 commanders to oversee the regional offices authorized by Section
413413 425.005.
414414 Sec. 425.054. OFFICERS AND OTHER EMPLOYEES. (a) The chief
415415 may commission, with the approval of the governing body, officers
416416 of the task force as peace officers.
417417 (b) The chief may hire any employees as necessary to carry
418418 out the duties of the task force.
419419 Sec. 425.055. QUALIFICATIONS. (a) To be a commissioned
420420 officer of the task force, a person must hold or obtain a peace
421421 officer license under Chapter 1701, Occupations Code.
422422 (b) To be a noncommissioned officer of the task force, a
423423 person must meet the qualifications set by the chief by rule.
424424 (c) The chief may provide by rule for the qualifications of
425425 any other employees of the task force.
426426 (d) The task force is an equal employment opportunity
427427 employer, and the task force may not discriminate against or give
428428 preferential treatment to any employee or job applicant on account
429429 of the individual's race, color, sex, national origin, or religion.
430430 Sec. 425.056. TRAINING. The task force shall acquire
431431 equipment and facilities and conduct training necessary to carry
432432 out the operational, intelligence, communication, logistics, and
433433 administrative duties of the task force, including land, air, and
434434 maritime responsibilities. The task force shall conduct the
435435 training in the border region.
436436 Sec. 425.057. AUTHORITY OF DEDICATED PERSONNEL. (a) A
437437 person dedicated to the task force and its duties under Section
438438 425.006 or 425.007 retains the authority of the office held by the
439439 person with the dedicating state agency or local government and may
440440 exercise any powers granted to the task force under this chapter
441441 with the approval of the chief.
442442 (b) The governing body, with the approval of the governor,
443443 may assign the person additional duties consistent with the duties
444444 of the task force under this chapter.
445445 (c) Notwithstanding any other provision of this chapter, a
446446 person dedicated to the task force may not be granted any powers or
447447 authority that exceeds the powers or authority granted by other law
448448 to the office held by the person with the dedicating state agency or
449449 local government.
450450 Sec. 425.058. USE OF DEDICATED PROPERTY. Any property,
451451 including equipment or facilities, dedicated to the task force and
452452 its duties under Section 425.006 or 425.007 may be used for the
453453 purposes of the dedicating state agency or local government or the
454454 purposes of the task force.
455455 ARTICLE 3. EFFECTIVE DATE
456456 SECTION 3.01. This Act takes effect immediately if it
457457 receives a vote of two-thirds of all the members elected to each
458458 house, as provided by Section 39, Article III, Texas Constitution.
459459 If this Act does not receive the vote necessary for immediate
460460 effect, this Act takes effect September 1, 2023.