By: Guillen H.B. No. 7
A BILL TO BE ENTITLED
AN ACT
relating to public services and programs in the southern border
region of this state to address the effects of ongoing criminal
activity and public health threats, including methods of financing
those services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. BORDER REGION SPECIALTY COURTS
SECTION 101. Title 2, Subtitle K, Government Code, is
amended by adding Chapter 131 to read as follows:
CHAPTER 131. BORDER PROTECTION COURT PROGRAM
Sec. 131.001. DEFINITION. As used in this chapter, "border
region" has the meaning assigned by Section 772.0071(a)(2).
Sec. 131.002. AUTHORITY TO ESTABLISH PROGRAM. (a) The
commissioners court of a county located in a border region may
establish a border protection court program under this chapter.
(b) The commissioners courts of two or more counties may
establish a regional border protection court program under this
chapter for the participating counties.
Sec. 131.003. JURISDICTION. A border protection court
program established under Section 131.002 may handle all issues
arising under Chapter 51, Penal Code, and related border issues.
Sec. 131.004. GRANTS. A border protection court program
established under this chapter may request and accept grants
administered by the Office of Court Administration under Subchapter
H, Chapter 72.
Sec. 131.005. REPORTING. Each border protection court
program must report to the Office of Court Administration all
statistical information as required by office rule.
SECTION 2. Chapter 72, Government Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. BORDER PROTECTION COURT PROGRAM GRANTS
Sec. 72.201. GRANT PROGRAM. (a) From money appropriated
for this purpose, the office shall establish and administer a grant
program to support the operation of a border protection court
program established under Chapter 131.
(b) In addition to other money appropriated by the
legislature, in order to achieve the purposes described by
Subsection (a), the office may:
(1) seek and apply for any available federal funds;
and
(2) solicit and accept gifts, grants, and donations
from any other source, public or private, as necessary to ensure
effective implementation and operation of a border court protection
program.
(c) The office shall adopt rules for the administration of
the grant program established under this section. In adopting the
rules, the office shall solicit, from border region officials,
community leaders, and other stakeholders, information necessary
to identify the courts needing financial assistance. The rules
must include:
(1) administrative provisions relating to the
awarding of grants under this section, such as:
(A) eligibility criteria;
(B) grant application procedures;
(C) guidelines relating to grant amounts;
(D) procedures for evaluating grant
applications; and
(E) procedures for monitoring the use of grants;
and
(2) methods for tracking the effectiveness of grants.
(d) The amount of a grant awarded under this section may not
exceed an amount specified by rider in the general appropriations
act.
(e) The recipient of a grant awarded under this section
shall submit to the office an annual report on the amounts of grant
funds spent during the year covered by the report and the purposes
for which those funds were spent.
(f) A reasonable amount, not to exceed five percent, of any
general revenue appropriated for purposes of this section may be
used by the office to pay the costs of administering this section.
Sec. 72.202. RULES. The office shall adopt rules for
administering this subchapter.
ARTICLE 2. COMPENSATION FOR BORDER PROPERTY DAMAGE VICTIMS
SECTION 2.01. Subtitle B, Title 4, Government Code, is
amended by adding Chapter 421A to read as follows:
CHAPTER 421A. BORDER PROPERTY DAMAGE COMPENSATION FUND
Sec. 421A.001. DEFINITION. In this chapter:
(1) "Border region" has the meaning assigned by
Section 772.0071(a)(2).
(2) "Fund" means the border property damage
compensation fund.
Sec. 421A.002. FINDING. The legislature finds that the
condition required under Section 51, Article III, Texas
Constitution, for the disbursement of money from the fund
established by this chapter exists.
Sec. 421A.003. FUND ESTABLISHED. (a) The border property
damage compensation fund is a special fund in the state treasury
outside the general revenue fund and shall be administered by the
comptroller under this section and rules adopted by the
comptroller.
(b) The fund consists of:
(1) money appropriated by the legislature for deposit
to the credit of the fund;
(2) gifts to the state for the purposes of the fund;
and
(3) money directed by law for deposit to the credit of
the fund.
Sec. 421A.004. USES OF FUND. Except as otherwise provided
by this chapter, money in the fund may be appropriated only to
compensate a person in the border region for actual damages to the
person's real or personal property caused by a person who entered or
attempted to enter the state by crossing its border with Mexico at
any time or place other than at a port of entry.
ARTICLE 3. EDUCATIONAL PROGRAM
SECTION 3.01. Chapter 61, Education Code, is amended by
adding Subchapter D-1 to read as follows:
SUBCHAPTER D-1. BORDER INSTITUTION GRANT PROGRAM
Sec. 61.101. BORDER INSTITUTION GRANT PROGRAM. (a) As used
in this chapter, "border region" has the meaning assigned by
Section 771.0071(a)(2), Government Code.
(b) Subject to available funds, the board shall establish a
border institution grant program under which the board awards
financial assistance to institutions of higher education in the
border region that administer innovative programs for:
(1) recruitment, training, and retention designed to
increase the number of professionals in fields related to border
safety or impacted by ongoing criminal activity and public health
threats to the border region, as determined by board rule,
including programs that provide a salary increase or stipend to a
faculty member who provides instruction to additional students in a
degree or certificate program that graduates those professionals;
and
(2) conducting research in areas of study related to
border safety or impacted by ongoing criminal activity and public
health threats to the border region.
Sec. 61.102. FEDERAL FUNDS AND GIFTS, GRANTS, AND
DONATIONS. In addition to other money appropriated by the
legislature, in order to achieve the purposes described by Section
61.101, the board may:
(1) seek and apply for any available federal funds;
and
(2) solicit and accept gifts, grants, and donations
from any other source, public or private, as necessary to ensure
effective implementation of the grant program established under
this subchapter.
Sec. 61.103. RULES. (a) The board shall adopt rules for
the administration of the grant program established under this
subchapter. In adopting the rules, the board shall solicit, from
border region officials, community leaders, and other
stakeholders, information necessary to identify innovative
programs described by Section 61.101 anticipated to produce the
best outcomes and serve the greatest need.
(b) The rules must include:
(1) administrative provisions relating to the
awarding of grants under this subchapter, such as:
(A) eligibility criteria for institutions of
higher education, including a requirement that the institution
demonstrate regional and state workforce need;
(B) grant application procedures;
(C) guidelines relating to grant amounts;
(D) procedures for evaluating grant
applications;
(E) procedures for monitoring the use of grants;
and
(2) methods for tracking the effectiveness of grants
that:
(A) using data reasonably available to the board,
consider relevant information regarding the career paths of
professionals described by Section 61.101 during the four-year
period following their graduation; and
(B) evaluate whether and for how long those
professionals practice in a field described by Section 61.101 in
this state.
Sec. 61.104. AWARD OF GRANTS. In awarding grants under this
subchapter, the board shall give priority to applicants that
propose to:
(1) enhance or leverage existing degree programs that
graduate professionals described by Section 61.101;
(2) establish or maintain a program that serves a
rural or underserved area;
(3) partner with:
(A) another institution of higher education to
develop a joint program; or
(B) a public school to implement early
recruitment in high school;
(4) establish or maintain a program that incentivizes
professionals described by Section 61.101 to serve in their field
or a related field of study for at least three consecutive years
following graduation; and
(5) establish or maintain a degree or certificate
program to educate professionals in specialties that face
significant workforce shortages, including those described by
Section 61.601.
Sec. 61.105. GRANT AMOUNT. The amount of a grant awarded
under this subchapter may not exceed an amount specified by rider in
the general appropriations act.
Sec. 61.106. REPORTING REQUIREMENTS. An institution of
higher education that receives a grant awarded under this
subchapter shall submit to the board an annual report on the amount
of grant funds spent during the year covered by the report and the
purposes for which those funds were spent.
Sec. 61.107. ADMINISTRATIVE COSTS. A reasonable amount,
not to exceed five percent, of any general revenue appropriated for
purposes of this subchapter may be used by the board to pay the
costs of administering this subchapter.
SECTION 3.02. (a) As soon as practicable after the
effective date of this Act, the Texas Higher Education Coordinating
Board shall adopt rules for the implementation and administration
of the border institution grant program established under
Subchapter D-1, Chapter 61, Education Code, as added by this Act.
(b) As soon as practicable after rules are adopted, but not
later than September 1, 2024, the Texas Higher Education
Coordinating Board shall identify the innovative programs
described by Section 61.101, Education Code, as added by this Act,
and shall begin to award grants to eligible institutions of higher
education to support those programs.
ARTICLE 4. FINANCIAL ASSISTANCE FOR CONSTRUCTION AND MAINTENANCE
OF BORDER FACILITIES AND CONSTRUCTION AND MAINTENANCE OF PHYSICAL
BARRIERS
SECTION 4.01. Subchapter Z, Chapter 421, Government Code,
is amended by adding Sections 428.902 and 428.903 to read as
follows:
Sec. 421.902. FINANCIAL ASSISTANCE FOR THE CONSTRUCTION AND
MAINTENANCE OF BORDER FACILITIES. (a) As used in this section,
"border region" has the meaning assigned by Section 772.0071(a)(2).
(b) Subject to available funds, the criminal justice
division of the governor's office shall establish and administer a
grant program under which the division awards financial assistance
to local governments and community institutions in the border
region for the construction and maintenance of facilities related
to border safety, including facilities used to mitigate ongoing
criminal activity and public health threats to the border region,
as determined by rule.
(c) In addition to other money appropriated by the
legislature, in order to achieve the purposes described by
Subsection (b), the division may:
(1) seek and apply for any available federal funds;
and
(2) solicit and accept gifts, grants, and donations
from any other source, public or private, as necessary to ensure
effective implementation of the grant program.
(d) The governor shall adopt rules for the administration of
the grant program established under this section. In adopting the
rules, the governor shall solicit, from border region officials,
community leaders, and other stakeholders, information necessary
to identify the greatest needs for financial assistance. The rules
must include:
(1) administrative provisions relating to the
awarding of grants under this section, such as:
(A) eligibility criteria;
(B) grant application procedures;
(C) guidelines relating to grant amounts;
(D) procedures for evaluating grant
applications; and
(E) procedures for monitoring the use of grants;
and
(2) methods for tracking the effectiveness of grants.
(e) The amount of a grant awarded under this section may not
exceed an amount specified by rider in the general appropriations
act.
(f) The recipient of a grant awarded under this section
shall submit to the division an annual report on the amount of grant
funds spent during the year covered by the report and the purposes
for which those funds were spent.
(g) A reasonable amount, not to exceed five percent, of any
general revenue appropriated for purposes of this section may be
used by the division to pay the costs of administering this section.
Sec. 421.903. CONSTRUCTION AND MAINTENANCE OF PHYSICAL
BARRIERS. (a) As used in this section, "unit" means the border
protection unit established by Subchapter C-1, Chapter 411.
(b) The unit shall oversee the construction and maintenance
of walls, fences, and other physical barriers along the border with
Mexico in order to enhance the safety and security of the people of
this state.
(c) The unit chief is authorized to negotiate and acquire
the necessary right of way, leases, permissions, materials, and
services needed to erect, and maintain physical barriers.
(d) The unit may use funds appropriated by the legislature,
other government funds made available to the unit for that purpose,
or donations from United States citizens and entities that are
controlled by a majority of United States citizens.
ARTICLE 5. LEGISLATIVE OVERSIGHT
SECTION 5.01. Subtitle C, Title 3, Government Code, is
amended by adding Chapter 331 to read as follows:
CHAPTER 331. LEGISLATIVE BORDER SAFETY OVERSIGHT COMMITTEE
Sec. 331.001. DEFINITION. In this section, "committee"
means the legislative border safety oversight committee
established under this chapter.
Sec. 331.002. ESTABLISHMENT; COMPOSITION. (a) The
legislative border safety oversight committee is established to:
(1) provide objective research, analysis, and
recommendations to help guide state border safety policies;
(2) provide oversight for the border protection unit
established under Chapter C-1, Chapter 411; and
(3) perform other duties required by law.
(b) The committee consists of the following members:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) four members of the senate appointed by the
lieutenant governor; and
(4) four members of the house appointed by the
speaker.
(c) The lieutenant governor and the speaker of the house of
representatives are joint chairs of the committee.
(d) A majority of the members of the committee from each
house of the legislature constitutes a quorum to transact business.
If a quorum is present, the committee may act on any matter within
the committee's jurisdiction by a majority vote.
(e) The committee shall meet as often as necessary to
perform the committee's duties. Meetings may be held at any time at
the request of either chair or on written petition of a majority of
the committee members from each house of the legislature.
(f) The committee shall meet in Austin, except that if a
majority of the committee members from each house of the
legislature agree, the committee may meet in any location
determined by the committee.
(g) As an exception to Chapter 551, Government Code, and
other law, for a meeting in Austin at which both joint chairs of the
committee are physically present, any number of the other committee
members may attend the meeting by use of telephone conference call,
video conference call, or other similar telecommunication device.
This subsection applies for purposes of establishing a quorum or
voting or any other purpose allowing the members to fully
participate in any committee meeting. This subsection applies
without regard to the subject or topics considered by the members at
the meeting.
(h) A committee meeting held by use of telephone conference
call, video conference call, or other similar telecommunication
device:
(1) is subject to the notice requirements applicable
to other meetings;
(2) must specify in the notice of the meeting the
location in Austin at which the joint chairs will be physically
present;
(3) must be open to the public and audible to the
public at the location specified in the notice under Subdivision
(2); and
(4) must provide two-way audio communication between
all committee members attending the meeting during the entire
meeting, and if the two-way audio communication link with any
member attending the meeting is disrupted at any time, the meeting
may not continue until the two-way audio communication link is
reestablished.
Sec. 331.003. POWERS AND DUTIES. (a) The committee shall:
(1) use statistical analyses and other research
methods to conduct an in-depth examination of border safety
initiatives and programs in this state that includes:
(A) an assessment of the cost-effectiveness of
the use of state and local funds in ensuring border safety;
(B) an identification of critical border safety
problems; and
(C) a determination of the state's long-range
border safety needs;
(2) recommend to the legislature:
(A) strategies to solve the problems identified
under Subdivision (1)(B); and
(B) policy priorities to address the long-range
needs determined under Subdivision (1)(C); and
(3) advise and assist the legislature in developing
plans, programs, and proposed legislation to improve the
effectiveness of border safety initiatives and programs.
(b) The committee has all other powers and duties provided
to a special committee by:
(1) Subchapter B, Chapter 301;
(2) the rules of the senate and the house of
representatives; and
(3) policies of the senate and house committees on
administration.
Sec. 331.004. STAFF; AUTHORITY TO CONTRACT. The committee
may hire staff or may contract with universities or other suitable
entities to assist the committee in carrying out the committee's
duties. Funding to support the operation of the committee shall be
provided from funds appropriated to the Texas Legislative Council.
Sec. 328.005. REPORT. Not later than January 1 of each
odd-numbered year, the committee shall submit to the legislature a
report that contains the recommendations described by Section
331.003(a)(2).
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. 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.