Texas 2023 - 88th 1st C.S.

Texas Senate Bill SB8 Compare Versions

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1	1	By: Birdwell, et al. S.B. No. 8
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to measures to address public safety threats in this state
7	7	presented by transnational criminal activity, including by
8	8	establishing a Texas Border Force and making funds available to
9	9	certain governmental entities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. TEXAS BORDER FORCE; DEPARTMENT OF PUBLIC SAFETY BORDER
12	12	SECURITY FUNCTIONS
13	13	SECTION 1.01. Section 411.0043, Government Code, is amended
14	14	by amending Subsection (a) and adding Subsection (c) to read as
15	15	follows:
16	16	(a) The commission shall implement a policy requiring the
17	17	department to use appropriate technological solutions to improve
18	18	the department's ability to perform its functions. The policy must
19	19	ensure that:
20	20	(1) the public is able to interact with the department
21	21	on the Internet; and
22	22	(2) the department's capability to conduct border
23	23	security operations and similar functions is not impeded by the use
24	24	of obsolete or outdated technologies.
25	25	(c) The department shall periodically review emerging
26	26	technologies that may be deployed for border security operations,
27	27	including technologies and equipment described by Section
28	28	411.0285, to ensure the department consistently adopts innovative
29	29	technologies and solutions for those operations.
30	30	SECTION 1.02. Chapter 411, Government Code, is amended by
31	31	adding Subchapter B-2 to read as follows:
32	32	SUBCHAPTER B-2. TEXAS BORDER FORCE
33	33	Sec. 411.0281. DEFINITION. In this subchapter, "border
34	34	force" means the Texas Border Force established under this
35	35	subchapter.
36	36	Sec. 411.0282. TEXAS BORDER FORCE; CHIEF. (a) The Texas
37	37	Border Force is established in the Texas Rangers division of the
38	38	department.
39	39	(b) The chief of the Texas Rangers is the chief of the border
40	40	force.
41	41	Sec. 411.0283. BORDER OPERATIONS. (a) The border force may
42	42	conduct border security operations along the Texas-Mexico border,
43	43	including:
44	44	(1) law enforcement operations;
45	45	(2) intelligence gathering, analysis, and
46	46	dissemination;
47	47	(3) coordination and command of state agencies in
48	48	border security operations led by the border force;
49	49	(4) surveillance and detection of criminal activity,
50	50	including improper entry of individuals from foreign nations and
51	51	the smuggling of individuals and controlled substances, using
52	52	cameras, unmanned aircraft, and other technologies;
53	53	(5) interdiction of individuals committing criminal
54	54	activity described by Subdivision (4);
55	55	(6) coordination of local, state, and federal agencies
56	56	conducting border security operations, including tactical
57	57	operations such as special response teams, brush teams, and special
58	58	weapons and tactics teams; and
59	59	(7) training and education programs for the
60	60	professional development of employees and agency partners carrying
61	61	out border security operations.
62	62	(b) Only commissioned officers of the border force may carry
63	63	out the duties assigned to a commissioned peace officer. An
64	64	employee of the border force who is not a commissioned peace officer
65	65	may:
66	66	(1) act in support of a commissioned peace officer;
67	67	and
68	68	(2) engage in support and infrastructure operations of
69	69	the border force.
70	70	Sec. 411.0284. ASSIGNMENT OF TEXAS MILITARY FORCES SERVICE
71	71	MEMBERS. (a) In this section, "Texas military forces" has the
72	72	meaning assigned by Section 437.001.
73	73	(b) The department, at the request of the chief of the
74	74	border force, may enter into a written agreement with the Texas
75	75	Military Department for the assignment of service members of the
76	76	Texas military forces to the border force. The agreement may
77	77	provide for reimbursement by the department for hiring, training,
78	78	salary, and employee benefit costs incurred by the Texas military
79	79	forces in connection with service members assigned to the border
80	80	force.
81	81	Sec. 411.0285. PURCHASE AND DEPLOYMENT OF CERTAIN
82	82	TECHNOLOGY AND EQUIPMENT. (a) The department, at the request of
83	83	the chief of the border force, shall purchase and deploy technology
84	84	and equipment to enhance the border force's ability to detect and
85	85	suppress criminal activity along the Texas-Mexico border,
86	86	including:
87	87	(1) stacked razor wire barriers;
88	88	(2) buoy barriers; and
89	89	(3) surveillance and detection technology to be
90	90	deployed at and near each port of entry along the Texas-Mexico
91	91	border to detect and deter the improper entry of individuals from
92	92	foreign nations and the smuggling of individuals and controlled
93	93	substances, such as fentanyl, cocaine, heroin, and
94	94	methamphetamine.
95	95	(b) The surveillance and detection technology described by
96	96	Subsection (a)(3) may be used to inspect passenger and commercial
97	97	vehicles passing through a port of entry or traveling in any
98	98	direction within 30 miles of a port of entry.
99	99	(c) The department shall employ a sufficient number of
100	100	commercial vehicle inspectors to inspect vehicles using technology
101	101	described by Subsection (a)(3).
102	102	(d) Funds used to purchase technology and equipment
103	103	described by Subsection (a) are considered funds expended for
104	104	border security for purposes of reporting requirements in the
105	105	General Appropriations Act, and the Legislative Budget Board may
106	106	prescribe the form and manner of reporting the relevant budgeted
107	107	and expended amounts and performance indicator results.
108	108	Sec. 411.0286. HIRING OFFICERS WITH PREVIOUS BORDER PATROL
109	109	OR MILITARY EXPERIENCE. Notwithstanding any other provision of
110	110	law, the department may, at the time an officer is hired for the
111	111	border force, elect to credit up to four years of experience as a
112	112	Border Patrol Agent of the United States Customs and Border
113	113	Protection or a member of the armed forces of the United States for
114	114	the purpose of calculating the officer's salary under Schedule C.
115	115	All officers are subject to a one-year probationary period under
116	116	Section 411.007(g) notwithstanding the officer's rank or salary
117	117	classification.
118	118	Sec. 411.0287. INCREASED STAFFING; CERTAIN TRAINING. (a)
119	119	The border force may as necessary to conduct border security
120	120	operations and ensure the safety of the public along the
121	121	Texas-Mexico border:
122	122	(1) recruit, employ, and train officers and other
123	123	staff; and
124	124	(2) contract for additional officers and staff to meet
125	125	an increased need for border security operations.
126	126	(b) The border force shall expand programs for training
127	127	officers to serve as members of a brush team.
128	128	Sec. 411.0288. REPORTS. At least once each calendar
129	129	quarter and at other times determined necessary by the governor or
130	130	the chief of the border force, the chief of the border force shall
131	131	submit a report to the governor containing information requested by
132	132	the governor concerning the border force's operations.
133	133	Sec. 411.0289. NO LIMITATION ON BORDER FORCE AUTHORITY BY
134	134	LOCAL GOVERNMENTS. A political subdivision, including a
135	135	municipality, county, or special purpose district, may not by any
136	136	means limit the jurisdiction or authority of the border force.
137	137	SECTION 1.03. Subchapter C, Chapter 2155, Government Code,
138	138	is amended by adding Section 2155.151 to read as follows:
139	139	Sec. 2155.151. CERTAIN PURCHASES BY DEPARTMENT OF PUBLIC
140	140	SAFETY. (a) The Department of Public Safety is delegated all
141	141	purchasing functions relating to the purchase of technologies and
142	142	equipment for use in border security operations, including
143	143	technology and equipment described by Section 411.0285, to ensure
144	144	the department consistently adopts innovative technologies and
145	145	solutions for those operations.
146	146	(b) The Department of Public Safety shall acquire goods and
147	147	services under Subsection (a) by any procurement method that
148	148	provides the best value to the department. The Department of Public
149	149	Safety shall consider the best value standards listed in Section
150	150	2155.074.
151	151	(c) At the request of the Department of Public Safety, the
152	152	comptroller or the Department of Information Resources, as
153	153	appropriate, shall procure goods and services described by
154	154	Subsection (a) for the Department of Public Safety. The Department
155	155	of Public Safety may use the services of the comptroller or the
156	156	Department of Information Resources in procuring goods and services
157	157	described by Subsection (a).
158	158	SECTION 1.04. (a) In reviewing emerging technologies under
159	159	Section 411.0043(c), Government Code, as added by this article, the
160	160	Department of Public Safety shall hold a technology fair at which
161	161	vendors of emerging technology that may be used for conducting
162	162	border security operations demonstrate the capabilities of the
163	163	products.
164	164	(b) The event required by Subsection (a) of this section
165	165	must be held not later than September 1, 2024.
166	166	ARTICLE 2. INTERAGENCY WORK GROUP ON BORDER ISSUES
167	167	SECTION 2.01. Sections 772.011(a) and (b), Government Code,
168	168	are amended to read as follows:
169	169	(a) An interagency work group is created to:
170	170	(1) develop or update a process to allow agencies to
171	171	work together on issues that face border communities;
172	172	(2) discuss and coordinate programs and services
173	173	offered to border communities and residents of border communities;
174	174	[and]
175	175	(3) develop regulatory and legislative
176	176	recommendations to eliminate duplication and combine program
177	177	services;
178	178	(4) identify and anticipate challenges and threats to
179	179	agencies' operations along the Texas-Mexico border;
180	180	(5) develop solutions to overcome the challenges and
181	181	threats described by Subdivision (4); and
182	182	(6) identify strategic opportunities agencies may use
183	183	to enhance the capabilities and effectiveness of their roles in
184	184	this state's operations along the Texas-Mexico border.
185	185	(b) The work group is composed of:
186	186	(1) the chair of the standing substantive committee of
187	187	the senate with primary jurisdiction over border security, or the
188	188	chair's designee;
189	189	(2) the chair of the standing substantive committee of
190	190	the house of representatives with primary jurisdiction over border
191	191	security, or the chair's designee; and
192	192	(3) the heads of the following agencies or their
193	193	designees:
194	194	(A) [(1)] the Texas Department of Rural Affairs;
195	195	(B) [(2)] the Texas Department of Housing and
196	196	Community Affairs;
197	197	(C) [(3)] the Texas Water Development Board;
198	198	(D) [(4)] the Texas Department of
199	199	Transportation;
200	200	(E) [(5)] the Texas Commission on Environmental
201	201	Quality;
202	202	(F) [(6)] the Texas Workforce Commission;
203	203	(G) [(7)] the Department of State Health
204	204	Services;
205	205	(H) [(8)] the Health and Human Services
206	206	Commission;
207	207	(I) [(9)] the General Land Office;
208	208	(J) [(10)] the Texas Economic Development and
209	209	Tourism Office;
210	210	(K) [(11)] the Office of State-Federal
211	211	Relations;
212	212	(L) [(12)] the Texas Higher Education
213	213	Coordinating Board;
214	214	(M) [(13)] the attorney general's office;
215	215	(N) [(14)] the secretary of state's office;
216	216	(O) [(15)] the Department of Public Safety;
217	217	[and]
218	218	(P) [(16)] the Railroad Commission of Texas;
219	219	(Q) the Texas Division of Emergency Management;
220	220	(R) the Texas Alcoholic Beverage Commission; and
221	221	(S) the Texas Military Department.
222	222	ARTICLE 3. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,
223	223	EQUIPMENT, AND SERVICES IN THE BORDER REGION
224	224	SECTION 3.01. Chapter 421, Government Code, is amended by
225	225	adding Subchapter G to read as follows:
226	226	SUBCHAPTER G. USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY
227	227	Sec. 421.111. DEFINITIONS. In this subchapter:
228	228	(1) "Border region" has the meaning assigned by
229	229	Section 772.0071.
230	230	(2) "Local government" means a municipality or county.
231	231	(3) "Office" means the trusteed programs within the
232	232	office of the governor.
233	233	Sec. 421.112. USE OF CERTAIN FUNDS. From money
234	234	appropriated for that purpose, the office, as authorized by Chapter
235	235	418, including Subchapter D of that chapter, shall make funds
236	236	available to state agencies and local governments for the following
237	237	purposes:
238	238	(1) the construction and maintenance of facilities
239	239	related to prosecuting and adjudicating offenses committed in the
240	240	border region, including court facilities, processing facilities,
241	241	detention facilities, criminal justice centers, and other similar
242	242	facilities;
243	243	(2) the construction of improvements to an area in the
244	244	immediate vicinity of a port of entry to enhance vehicle inspection
245	245	capabilities and assist in the investigation, interdiction, and
246	246	prosecution of persons smuggling individuals or contraband across
247	247	the Texas-Mexico border;
248	248	(3) the payment of staff salaries and benefits and the
249	249	payment of operational expenses related to providing law
250	250	enforcement services, emergency services, detention services, and
251	251	court administration services;
252	252	(4) the construction and maintenance of temporary
253	253	border security infrastructure, including temporary walls,
254	254	barriers, fences, wires, trenches, surveillance technology, or
255	255	other improvements, designed or adapted to surveil or impede the
256	256	movement of persons or objects across the Texas-Mexico border at
257	257	locations other than ports of entry; and
258	258	(5) any other activity that the office determines
259	259	necessary to address offenses that are committed in the border
260	260	region or are related to transnational criminal activity.
261	261	Sec. 421.113. ADMINISTRATIVE COSTS. Unless otherwise
262	262	provided by the appropriation, the office may use a reasonable
263	263	amount, not to exceed five percent, of any funds appropriated for
264	264	purposes of this subchapter to pay the costs of administering this
265	265	subchapter.
266	266	ARTICLE 4. BORDER PROTECTION AGREEMENTS
267	267	SECTION 4.01. Title 7, Government Code, is amended by
268	268	adding Chapter 795 to read as follows:
269	269	CHAPTER 795. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN
270	270	STATES
271	271	Sec. 795.001. AUTHORITY FOR AGREEMENTS. On behalf of this
272	272	state, the governor may coordinate, develop, and execute agreements
273	273	with the United Mexican States and the states of the United Mexican
274	274	States regarding the authority of this state to protect and defend
275	275	its citizens.
276	276	ARTICLE 5. SEVERABILITY; EFFECTIVE DATE
277	277	SECTION 5.01. It is the intent of the legislature that every
278	278	provision, section, subsection, sentence, clause, phrase, or word
279	279	in this Act, and every application of the provisions in this Act to
280	280	every person, group of persons, or circumstances, is severable from
281	281	each other. If any application of any provision in this Act to any
282	282	person, group of persons, or circumstances is found by a court to be
283	283	invalid for any reason, the remaining applications of that
284	284	provision to all other persons and circumstances shall be severed
285	285	and may not be affected.
286	286	SECTION 5.02. This Act takes effect on the 91st day after
287	287	the last day of the legislative session.