Texas 2023 - 88th 3rd C.S.

Texas House Bill HB127 Compare Versions

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1	1	By: Guillen H.B. No. 127
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 Homeland Security Division, and to compensate
9	9	persons affected by those threats.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. TEXAS HOMELAND SECURITY DIVISION
12	12	SECTION 1.01. Article 2.12, Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
15	15	officers:
16	16	(1) sheriffs, their deputies, and those reserve
17	17	deputies who hold a permanent peace officer license issued under
18	18	Chapter 1701, Occupations Code;
19	19	(2) constables, deputy constables, and those reserve
20	20	deputy constables who hold a permanent peace officer license issued
21	21	under Chapter 1701, Occupations Code;
22	22	(3) marshals or police officers of an incorporated
23	23	city, town, or village, and those reserve municipal police officers
24	24	who hold a permanent peace officer license issued under Chapter
25	25	1701, Occupations Code;
26	26	(4) rangers, officers, and members of the reserve
27	27	officer corps commissioned by the Public Safety Commission and the
28	28	Director of the Department of Public Safety;
29	29	(5) investigators of the district attorneys', criminal
30	30	district attorneys', and county attorneys' offices;
31	31	(6) law enforcement agents of the Texas Alcoholic
32	32	Beverage Commission;
33	33	(7) each member of an arson investigating unit
34	34	commissioned by a city, a county, or the state;
35	35	(8) officers commissioned under Section 37.081,
36	36	Education Code, or Subchapter E, Chapter 51, Education Code;
37	37	(9) officers commissioned by the General Services
38	38	Commission;
39	39	(10) law enforcement officers commissioned by the
40	40	Parks and Wildlife Commission;
41	41	(11) officers commissioned under Chapter 23,
42	42	Transportation Code;
43	43	(12) municipal park and recreational patrolmen and
44	44	security officers;
45	45	(13) security officers and investigators commissioned
46	46	as peace officers by the comptroller;
47	47	(14) officers commissioned by a water control and
48	48	improvement district under Section 49.216, Water Code;
49	49	(15) officers commissioned by a board of trustees
50	50	under Chapter 54, Transportation Code;
51	51	(16) investigators commissioned by the Texas Medical
52	52	Board;
53	53	(17) officers commissioned by:
54	54	(A) the board of managers of the Dallas County
55	55	Hospital District, the Tarrant County Hospital District, the Bexar
56	56	County Hospital District, or the El Paso County Hospital District
57	57	under Section 281.057, Health and Safety Code;
58	58	(B) the board of directors of the Ector County
59	59	Hospital District under Section 1024.117, Special District Local
60	60	Laws Code;
61	61	(C) the board of directors of the Midland County
62	62	Hospital District of Midland County, Texas, under Section 1061.121,
63	63	Special District Local Laws Code; and
64	64	(D) the board of hospital managers of the Lubbock
65	65	County Hospital District of Lubbock County, Texas, under Section
66	66	1053.113, Special District Local Laws Code;
67	67	(18) county park rangers commissioned under
68	68	Subchapter E, Chapter 351, Local Government Code;
69	69	(19) investigators employed by the Texas Racing
70	70	Commission;
71	71	(20) officers commissioned under Chapter 554,
72	72	Occupations Code;
73	73	(21) officers commissioned by the governing body of a
74	74	metropolitan rapid transit authority under Section 451.108,
75	75	Transportation Code, or by a regional transportation authority
76	76	under Section 452.110, Transportation Code;
77	77	(22) investigators commissioned by the attorney
78	78	general under Section 402.009, Government Code;
79	79	(23) security officers and investigators commissioned
80	80	as peace officers under Chapter 466, Government Code;
81	81	(24) officers appointed by an appellate court under
82	82	Subchapter F, Chapter 53, Government Code;
83	83	(25) officers commissioned by the state fire marshal
84	84	under Chapter 417, Government Code;
85	85	(26) an investigator commissioned by the commissioner
86	86	of insurance under Section 701.104, Insurance Code;
87	87	(27) apprehension specialists and inspectors general
88	88	commissioned by the Texas Juvenile Justice Department as officers
89	89	under Sections 242.102 and 243.052, Human Resources Code;
90	90	(28) officers appointed by the inspector general of
91	91	the Texas Department of Criminal Justice under Section 493.019,
92	92	Government Code;
93	93	(29) investigators commissioned by the Texas
94	94	Commission on Law Enforcement under Section 1701.160, Occupations
95	95	Code;
96	96	(30) commission investigators commissioned by the
97	97	Texas Private Security Board under Section 1702.061, Occupations
98	98	Code;
99	99	(31) the fire marshal and any officers, inspectors, or
100	100	investigators commissioned by an emergency services district under
101	101	Chapter 775, Health and Safety Code;
102	102	(32) officers commissioned by the State Board of
103	103	Dental Examiners under Section 254.013, Occupations Code, subject
104	104	to the limitations imposed by that section;
105	105	(33) investigators commissioned by the Texas Juvenile
106	106	Justice Department as officers under Section 221.011, Human
107	107	Resources Code; [and]
108	108	(34) the fire marshal and any related officers,
109	109	inspectors, or investigators commissioned by a county under
110	110	Subchapter B, Chapter 352, Local Government Code; and
111	111	(35) officers of the Texas Homeland Security Division
112	112	commissioned by the secretary of homeland security under Section
113	113	425.202, Government Code.
114	114	SECTION 1.02. Subtitle B, Title 4, Government Code, is
115	115	amended by adding Chapter 425 to read as follows:
116	116	CHAPTER 425. TEXAS HOMELAND SECURITY DIVISION
117	117	SUBCHAPTER A. GENERAL PROVISIONS
118	118	Sec. 425.001. DEFINITIONS. In this chapter:
119	119	(1) "Alien" has the meaning assigned by 8 U.S.C.
120	120	Section 1101.
121	121	(2) "Homeland Security Division" means the Texas
122	122	Homeland Security Division established under this chapter.
123	123	(3) "Border region" has the meaning assigned by
124	124	Section 772.0071.
125	125	(4) "Secretary" means the secretary of homeland
126	126	security.
127	127	(5) "Local government" means a municipality, county,
128	128	special purpose district, or other political subdivision of this
129	129	state.
130	130	(6) "Office" means the office of the governor.
131	131	(7) "Port of entry" means a port of entry described by
132	132	Part 101, Title 19, Code of Federal Regulations (19 C.F.R. Part 101)
133	133	or 22 C.F.R. Section 40.1.
134	134	(8) "State agency" means a board, commission,
135	135	department, office, or other agency in the executive branch of
136	136	state government.
137	137	(9) "Federal agency" means a board, commission,
138	138	department, office, or other agency in the executive branch of
139	139	federal government.
140	140	Sec. 425.002. TEXAS HOMELAND SECURITY DIVISION
141	141	ESTABLISHED. The office shall establish the Texas Homeland
142	142	Security Division as a division within the office to provide
143	143	cross-functional expertise to border protection operations and
144	144	improve efficiency and effectiveness of the border protection
145	145	operations of the state agencies and political subdivisions of this
146	146	state.
147	147	Sec. 425.003. SECRETARY OF HOMELAND SECURITY. (a) The
148	148	governor shall appoint a United States citizen to serve as the
149	149	secretary of homeland security in charge of the Texas Homeland
150	150	Security Division. The secretary serves until removed by the
151	151	governor.
152	152	(b) The secretary may appoint, with the advice and consent
153	153	of the governor, deputy secretaries and assistant secretaries who
154	154	shall perform the duties that the secretary designates. Deputy
155	155	secretaries and assistant secretaries serve until removed by the
156	156	secretary.
157	157	(c) The secretary, deputy secretaries, and assistant
158	158	secretaries are entitled to annual salaries as provided by the
159	159	legislature.
160	160	Sec. 425.004. TERM OF AUTHORIZATION. (a) The Homeland
161	161	Security Division is subject to appropriations from the legislature
162	162	and continues in existence until September 1, 2031, unless
163	163	reauthorized by the legislature.
164	164	(b) This chapter expires September 1, 2031.
165	165	Sec. 425.005. HEADQUARTERS; REGIONAL OFFICES. The Homeland
166	166	Security Division must be headquartered in the border region. The
167	167	Homeland Security Division may establish regional offices along the
168	168	Texas-Mexico border.
169	169	Sec. 425.006. COOPERATION WITH BORDER PROSECUTION UNIT.
170	170	(a) In this section, "border prosecution unit" means the border
171	171	prosecution unit established under Section 772.052.
172	172	(b) The Homeland Security Division shall cooperate with the
173	173	border prosecution unit to carry out the duties of the Homeland
174	174	Security Division and the unit.
175	175	(c) The border prosecution unit as needed may assign a
176	176	prosecutor from the unit to the Homeland Security Division
177	177	headquarters or any regional office of the Homeland Security
178	178	Division.
179	179	Sec. 425.007. GIFTS, GRANTS, AND DONATIONS. The Homeland
180	180	Security Division may accept gifts, grants, and donations from any
181	181	source, including private and nonprofit organizations, for the
182	182	purposes of implementing this chapter.
183	183	Sec. 425.008. FEDERAL, STATE, AND LOCAL COOPERATION. The
184	184	Homeland Security Division shall coordinate with any federal or
185	185	state agency or any local government as necessary to carry out the
186	186	duties of the Homeland Security Division.
187	187	Sec. 425.009. NO LIMITATION ON HOMELAND SECURITY DIVISION
188	188	AUTHORITY BY LOCAL GOVERNMENTS. A local government may not by any
189	189	means limit the jurisdiction or authority of the Homeland Security
190	190	Division.
191	191	SUBCHAPTER B. CONSOLIDATION OF BORDER OPERATIONS
192	192	Sec. 425.051. CONSOLIDATION OF STATE AGENCY BORDER
193	193	OPERATIONS. (a) The secretary shall identify resources the
194	194	Homeland Security Division needs to conduct border protection
195	195	operations, including personnel, equipment, and facilities owned
196	196	or controlled by state agencies that conduct border protection
197	197	operations under Operation Lone Star. The secretary may identify
198	198	any resources dedicated to border security that are owned or
199	199	controlled by:
200	200	(1) the office of the attorney general;
201	201	(2) the Department of Public Safety;
202	202	(3) the Texas Military Department;
203	203	(4) the Parks and Wildlife Department;
204	204	(5) the Texas Alcoholic Beverage Commission;
205	205	(6) the Texas Department of Criminal Justice;
206	206	(7) the Texas Commission on Jail Standards;
207	207	(8) the Texas Commission on Law Enforcement;
208	208	(9) the Office of Court Administration of the Texas
209	209	Judicial System;
210	210	(10) the Department of State Health Services;
211	211	(11) the Texas Department of Motor Vehicles;
212	212	(12) the Texas Division of Emergency Management;
213	213	(13) the State Soil and Water Conservation Board; and
214	214	(14) any other state agency designated by the
215	215	governor.
216	216	(b) Each state agency that owns or controls resources
217	217	identified under Subsection (a) shall dedicate those resources to
218	218	the Homeland Security Division and its duties.
219	219	Sec. 425.052. REIMBURSEMENT FOR STATE USE OF LOCAL
220	220	GOVERNMENT RESOURCES. (a) The secretary shall identify resources
221	221	the Homeland Security Division needs to conduct border protection
222	222	operations, including personnel, equipment, and facilities owned
223	223	or controlled by local governments that conduct border protection
224	224	operations along the Texas-Mexico border.
225	225	(b) A local government that owns or controls resources
226	226	identified under Subsection (a) may by written agreement with the
227	227	Homeland Security Division dedicate those resources to the Homeland
228	228	Security Division and its duties.
229	229	(c) A local government that dedicates resources to the
230	230	Homeland Security Division under this section is entitled to
231	231	reimbursement for the use of those resources as provided by the
232	232	written agreement under Subsection (b) and the General
233	233	Appropriations Act.
234	234	Sec. 425.053. EMPLOYMENT OF DEDICATED PERSONNEL;
235	235	COOPERATIVE WORK. (a) A person who is dedicated to the Homeland
236	236	Security Division under Section 425.051 or 425.052 remains an
237	237	employee of the assigning state agency or local government but the
238	238	person may be assigned duties by the secretary.
239	239	(b) A person who is dedicated to the Homeland Security
240	240	Division shall work cooperatively with employees of the Homeland
241	241	Security Division and other persons dedicated to the Homeland
242	242	Security Division under the guidance of the secretary to achieve
243	243	efficiency in efforts by state agencies and local governments to
244	244	enforce the law in the border region.
245	245	Sec. 425.054. AUTHORITY OF DEDICATED PERSONNEL. (a) A
246	246	person dedicated to the Homeland Security Division and its duties
247	247	under Section 425.051 or 425.052 retains the authority of the
248	248	office held by the person with the dedicating state agency or local
249	249	government and may exercise any powers granted to the Homeland
250	250	Security Division under this chapter with the approval of the
251	251	secretary.
252	252	(b) The secretary, with the approval of the governor, may
253	253	assign the person additional duties consistent with the duties of
254	254	the Homeland Security Division under this chapter.
255	255	(c) Notwithstanding any other provision of this chapter, a
256	256	person dedicated to the Homeland Security Division may not be
257	257	granted any powers or authority that exceeds the powers or
258	258	authority granted by other law to the office held by the person with
259	259	the dedicating state agency or local government.
260	260	Sec. 425.055. USE OF DEDICATED PROPERTY. Any property,
261	261	including equipment or facilities, dedicated to the Homeland
262	262	Security Division and its duties under Section 425.051 or 425.052
263	263	may be used for the purposes of the dedicating state agency or local
264	264	government or the purposes of the Homeland Security Division.
265	265	SUBCHAPTER C. POWERS AND DUTIES
266	266	Sec. 425.101. GENERAL POWERS AND DUTIES OF HOMELAND
267	267	SECURITY DIVISION AND SECRETARY OF HOMELAND SECURITY. (a) The
268	268	secretary shall:
269	269	(1) be directly responsible to the governor for all
270	270	conduct of the Homeland Security Division;
271	271	(2) act as the chief administrative officer of the
272	272	Homeland Security Division;
273	273	(3) act with the Border Security Advisory Council in
274	274	an advisory capacity, without vote;
275	275	(4) formulate plans and policies for the protection of
276	276	the citizens of this state in the Texas-Mexico border region,
277	277	including the air, maritime, and land borders of this state;
278	278	(5) organize the Homeland Security Division and
279	279	supervise its operation;
280	280	(6) maintain records of all Homeland Security Division
281	281	proceedings and official orders;
282	282	(7) adopt rules and policies, subject to the
283	283	governor's approval, considered necessary for the control and
284	284	general administration of the Homeland Security Division,
285	285	including rules governing the procurement of facilities and
286	286	equipment for the Homeland Security Division and the training and
287	287	working conditions for Homeland Security Division personnel;
288	288	(8) issue commissions as peace officers, under the
289	289	governor's direction, to members of the Homeland Security Division;
290	290	(9) create as necessary, with the advice and consent
291	291	of the governor, operational or administrative divisions within the
292	292	Homeland Security Division and appoint heads of those divisions;
293	293	(10) employ as necessary commissioned officers and
294	294	other employees to perform Homeland Security Division operations
295	295	and functions;
296	296	(11) quarterly, annually, biennially, and any other
297	297	time on the governor's request submit to the governor and the Border
298	298	Security Advisory Council detailed reports of the operation of the
299	299	Homeland Security Division, including statements of its
300	300	expenditures; and
301	301	(12) prepare, swear to, submit to the governor, and
302	302	file in the Homeland Security Division's records a quarterly
303	303	statement containing an itemized list of all money received and its
304	304	source and all money spent and the purposes for which it was spent.
305	305	(b) The secretary or secretary's designee shall provide to
306	306	the governor and to employees of the Homeland Security Division, as
307	307	often as necessary, information regarding the requirements for
308	308	office or employment under this chapter, including information
309	309	regarding a person's responsibilities under applicable law
310	310	relating to standards of conduct for state officers or employees.
311	311	Sec. 425.102. BORDER OPERATIONS. The Homeland Security
312	312	Division may conduct border security operations along the
313	313	Texas-Mexico border, including:
314	314	(1) law enforcement operations;
315	315	(2) intelligence gathering, analysis, and
316	316	dissemination;
317	317	(3) surveillance and detection of criminal activity,
318	318	including improper entry of individuals from foreign nations and
319	319	the smuggling of individuals and controlled substances, using
320	320	cameras, unmanned aircraft, and other technologies;
321	321	(4) coordination and command of state agencies in
322	322	border security operations led by the Homeland Security Division;
323	323	(5) coordination of local, state, and federal agencies
324	324	conducting border security operations, including tactical
325	325	operations such as special response teams, brush teams, and special
326	326	weapons and tactics teams;
327	327	(6) training and education programs for the
328	328	professional development of employees and agency partners carrying
329	329	out border security operations; and
330	330	(7) assisting local law enforcement with the
331	331	investigation of crime.
332	332	Sec. 425.103. LAW ENFORCEMENT BORDER PROTECTION FUNCTIONS.
333	333	The secretary may order commissioned officers under the secretary's
334	334	authority to take, and the commissioned officers may take, the
335	335	following actions to the extent consistent with the United States
336	336	and Texas Constitutions:
337	337	(1) deter and repel persons attempting to enter this
338	338	state unlawfully at locations other than ports of entry;
339	339	(2) return aliens to Mexico who:
340	340	(A) have been observed actually crossing the
341	341	Texas-Mexico border unlawfully; and
342	342	(B) were apprehended, detained, or arrested in
343	343	the vicinity of the Texas-Mexico border; and
344	344	(3) enhance the examination of aircraft, ships,
345	345	vehicles, railcars, and cargo at or near ports of entry for the
346	346	purposes of interdicting fentanyl and other dangerous drugs and
347	347	interdicting human smuggling.
348	348	Sec. 425.104. PURCHASE AND DEPLOYMENT AND MAINTENANCE OF
349	349	CERTAIN TECHNOLOGY AND EQUIPMENT. (a) The Homeland Security
350	350	Division, at the request of the governor, shall purchase, deploy
351	351	and maintain technology and equipment to enhance the Homeland
352	352	Security Division's ability to detect and suppress criminal
353	353	activity along the Texas-Mexico border, including:
354	354	(1) temporary border security infrastructure,
355	355	including temporary barriers, buoys, fences, wires, roads,
356	356	trenches, surveillance technology, or other improvements, designed
357	357	or adapted to surveil or impede the movement of persons or objects
358	358	across the Texas-Mexico border at locations other than ports of
359	359	entry;
360	360	(2) surveillance and detection technology to be
361	361	deployed at and near each port of entry along the Texas-Mexico
362	362	border to detect and deter the improper entry of individuals from
363	363	foreign nations and the smuggling of individuals and controlled
364	364	substances, such as fentanyl, cocaine, heroin, and
365	365	methamphetamine; and
366	366	(3) the acquisition and construction of facilities,
367	367	equipment and services to remove illegal immigrants from Texas.
368	368	(c) The Homeland Security Division shall staff a sufficient
369	369	number of commercial vehicle inspectors to inspect vehicles using
370	370	technology described by Subsection (a)(2) without impeding the
371	371	efficient flow of trade.
372	372	Sec. 425.105. OPERATIONAL PLAN TO COORDINATE BORDER
373	373	PROTECTION. (a) The secretary or the secretary's designee shall
374	374	develop and recommend to the governor, the legislature, and the
375	375	Border Security Advisory Council a strategic plan that establishes
376	376	the framework for the budgeting and operations of the Homeland
377	377	Security Division, including homeland security strategies, to be
378	378	administered by the Homeland Security Division and state agencies
379	379	that provide assistance to the Homeland Security Division.
380	380	(b) The strategic plan under Subsection (a) must include:
381	381	(1) goals and performance measures that involve
382	382	collaboration with other state agencies and local governments; and
383	383	(2) an evaluation of 8 U.S.C. Section 1325(a) and
384	384	other federal laws relating to the requirement that the admission
385	385	of aliens into the United States occur only at ports of entry.
386	386	(c) The secretary shall annually report to the governor, the
387	387	legislature, and the Border Security Advisory Council on the
388	388	implementation of the strategic plan.
389	389	Sec. 425.106. ADVISORY COUNCIL ON BORDER PROTECTION
390	390	TECHNOLOGY AND EQUIPMENT.
391	391	(a) The secretary shall convene an advisory council on
392	392	border protection technology and equipment.
393	393	(b) The secretary shall determine the makeup of the advisory
394	394	council on border protection technology and equipment, considering
395	395	domestic and international subject matter experts.
396	396	(c) The advisory council on border protection technology
397	397	and equipment shall develop and recommend to the governor, the
398	398	secretary, and the legislature, a strategic plan that establishes
399	399	the framework for the budgeting, procurement, implementation, and
400	400	operations of border protection technology and equipment for state
401	401	agencies and local governments.
402	402	(d) The strategic plan under Subsection (c) must include:
403	403	(1) goals and performance measures that involve
404	404	collaboration and interoperability of state agencies and local
405	405	governments;
406	406	(2) an evaluation of 8 U.S.C. Section 1325(a) and
407	407	other federal laws relating to the requirement that the admission
408	408	of aliens into the United States occur only at ports of entry; and
409	409	(3) an evaluation of the relationship between the
410	410	financial efficiency and operation effectiveness of various types
411	411	of border protection technology and equipment.
412	412	(c) The advisory council on border protection technology
413	413	and equipment shall twice a year report to the governor, the
414	414	secretary, and the legislature, on the recommendations of the
415	415	strategic plan.
416	416	(d) The Homeland Security Division shall hold an annual
417	417	technology fair at which vendors of emerging border protection
418	418	technology and equipment demonstrate the capabilities of the
419	419	products.
420	420	(e) The inaugural event required by Subsection (d) of this
421	421	section must be held not later than September 1, 2024.
422	422	Sec. 425.107. TECHNOLOGY POLICY; REVIEW. (a) The office
423	423	shall implement a policy requiring the Homeland Security Division
424	424	to use appropriate technological solutions to improve the Homeland
425	425	Security Division's ability to perform its functions. The policy
426	426	must ensure that the Homeland Security Division's capability to
427	427	conduct border security operations and similar functions is not
428	428	impeded by the use of obsolete or outdated technologies.
429	429	(b) The office shall periodically review emerging
430	430	technologies that may be deployed for border security operations,
431	431	including technologies and equipment described by Section
432	432	425.104(a)(2), to ensure the Homeland Security Division
433	433	consistently adopts innovative technologies and solutions for
434	434	those operations.
435	435	SUBCHAPTER D. HIRING, STAFFING, AND TRAINING; AUTHORITY OF OFFICERS
436	436	AND OTHER EMPLOYEES
437	437	Sec. 425.201. REGIONAL COMMANDERS. The secretary, with the
438	438	approval of the governor, may appoint regional commanders to
439	439	oversee the regional offices authorized by Section 425.005.
440	440	Sec. 425.202. OFFICERS AND OTHER EMPLOYEES. (a) The
441	441	secretary may commission, with the approval of the governor,
442	442	officers of the Homeland Security Division as peace officers.
443	443	(b) The secretary may hire any employees as necessary to
444	444	carry out the duties of the Homeland Security Division, including
445	445	noncommissioned officers.
446	446	(c) Officers of the Homeland Security Division are entitled
447	447	to compensation as provided by the legislature and must be
448	448	recruited and trained within the border region to the extent
449	449	practicable.
450	450	(d) Subject to the provisions of this chapter, the secretary
451	451	may appoint, promote, reduce, suspend, or discharge any officer or
452	452	employee of the Homeland Security Division.
453	453	Sec. 425.203. HIRING OFFICERS WITH PREVIOUS BORDER PATROL,
454	454	TEXAS DEPARTMENT OF PUBLIC SAFETY, OR MILITARY EXPERIENCE.
455	455	Notwithstanding any other provision of law, the Homeland Security
456	456	Division may, at the time an officer is hired for the Homeland
457	457	Security Division, elect to credit up to four years of experience as
458	458	a Border Patrol Agent of the United States Customs and Border
459	459	Protection or as an Officer of the Texas Department of Public
460	460	Safety, or a member of the armed forces of the United States for the
461	461	purpose of calculating the officer's salary under Schedule C. All
462	462	officers are subject to a one-year probationary period under
463	463	Section 411.007(g) notwithstanding the officer's rank or salary
464	464	classification.
465	465	Sec. 425.204. QUALIFICATIONS. (a) To be a commissioned
466	466	officer of the Homeland Security Division, a person must hold a
467	467	peace officer license issued under Chapter 1701, Occupations Code,
468	468	and meet any other qualifications set by the secretary.
469	469	(b) To be a noncommissioned officer of the Homeland Security
470	470	Division, a person must meet the qualifications set by the
471	471	secretary by rule.
472	472	(c) The secretary may provide by rule for the qualifications
473	473	of any other employees of the Homeland Security Division.
474	474	(d) The secretary may not employ an officer or other
475	475	employee if the officer or other employee:
476	476	(1) has been convicted of a violent offense; or
477	477	(2) has been dishonorably discharged from the armed
478	478	forces of the United States or the Texas military forces as shown by
479	479	the service member's release or discharge documentation.
480	480	(e) For purposes of Subsection (d):
481	481	(1) "Texas military forces" has the meaning assigned
482	482	by Section 437.001.
483	483	(2) "Violent offense" means an offense under the law
484	484	of any state that has as an element the use, attempted use, or
485	485	threatened use of physical force against any person.
486	486	(f) The Homeland Security Division is an equal employment
487	487	opportunity employer and may not discriminate against or give
488	488	preferential treatment to any employee or job applicant on account
489	489	of the individual's race, color, sex, national origin, or religion.
490	490	Sec. 425.205. TRAINING. (a) The Homeland Security
491	491	Division shall acquire equipment and facilities and conduct
492	492	training necessary to carry out the operational, intelligence,
493	493	communication, logistics, and administrative duties of the
494	494	Homeland Security Division provided by this chapter or the
495	495	secretary. The Homeland Security Division shall conduct the
496	496	training in the border region.
497	497	(b) The Homeland Security Division shall expand programs
498	498	for training officers to serve as members of a brush team.
499	499	Sec. 425.206. AUTHORITY OF OFFICERS. (a) A commissioned
500	500	officer of the Homeland Security Division is governed by the law
501	501	regulating and defining the powers and duties of sheriffs
502	502	performing similar duties, except that the officer may make arrests
503	503	and execute processes in a criminal case in any county in the state.
504	504	(b) A commissioned officer of the Homeland Security
505	505	Division may, to the extent consistent with the United States and
506	506	Texas Constitutions, arrest, apprehend, or detain persons crossing
507	507	the Texas-Mexico border unlawfully, and deter persons attempting to
508	508	cross the border unlawfully, up to the use of non-deadly crowd
509	509	control measures.
510	510	Sec. 425.207. USE OF PERSONAL VEHICLE PROHIBITED.
511	511	Notwithstanding any other provision of this chapter, an officer or
512	512	other employee of the Homeland Security Division may not use the
513	513	officer's or employee's personal vehicle to conduct a traffic stop
514	514	for any purpose related to the officer's or employee's duties.
515	515	SUBCHAPTER E. OFFICE OF AUDIT AND REVIEW; OFFICE OF INSPECTOR
516	516	GENERAL
517	517	Sec. 425.251. OFFICE OF AUDIT AND REVIEW FOR HOMELAND
518	518	SECURITY DIVISION. (a) The governor shall establish the office of
519	519	audit and review within the Homeland Security Division and appoint
520	520	a director to perform the duties under this section. The director of
521	521	the office of audit and review of the Homeland Security Division
522	522	shall serve until removed by the governor.
523	523	(b) The director of the office of audit and review must
524	524	satisfy the requirements to be the Homeland Security Division's
525	525	internal auditor under Section 2102.006(b) and is considered to be
526	526	the Homeland Security Division's internal auditor for purposes of
527	527	Chapter 2102.
528	528	(c) The office of audit and review shall coordinate
529	529	activities designed to promote effectiveness in the Homeland
530	530	Security Division's operations and to keep the governor and the
531	531	legislature fully informed about deficiencies within the Homeland
532	532	Security Division. The office of audit and review shall:
533	533	(1) inspect and audit Homeland Security Division
534	534	programs and operations for efficiency, uniformity, and compliance
535	535	with established procedures and develop recommendations for
536	536	improvement;
537	537	(2) coordinate and be responsible for promoting
538	538	accountability, integrity, and efficiency in the Homeland Security
539	539	Division; and
540	540	(3) provide the governor with information relevant to
541	541	its oversight of the Homeland Security Division.
542	542	(d) The Homeland Security Division shall provide the
543	543	director of the office of audit and review with access to any
544	544	records, data, or other information necessary to fulfill the
545	545	purposes of this section.
546	546	(e) The director of the office of audit and review shall,
547	547	with the advice and consent of the governor, determine which audits
548	548	and inspections to perform and may publish the findings and
549	549	recommendations of the office of audit and review.
550	550	(f) The director of the office of audit and review shall:
551	551	(1) report to the governor regarding audits and
552	552	inspections planned and the status and findings of those audits and
553	553	inspections; and
554	554	(2) report to the secretary for administrative
555	555	purposes and keep the secretary informed of any findings of the
556	556	office of audit and review.
557	557	(g) The office of audit and review shall:
558	558	(1) independently and objectively inspect the
559	559	Homeland Security Division to:
560	560	(A) ensure that operations are conducted
561	561	efficiently, uniformly, and in compliance with established
562	562	procedures; and
563	563	(B) make recommendations for improvements in
564	564	operational performance;
565	565	(2) independently and objectively audit the Homeland
566	566	Security Division to:
567	567	(A) promote economy, effectiveness, and
568	568	efficiency within the Homeland Security Division;
569	569	(B) prevent and detect fraud, waste, and abuse in
570	570	Homeland Security Division programs and operations; and
571	571	(C) make recommendations about the adequacy and
572	572	effectiveness of the Homeland Security Division's system of
573	573	internal control policies and procedures;
574	574	(3) advise in the development and evaluation of the
575	575	Homeland Security Division's performance measures;
576	576	(4) review actions taken by the Homeland Security
577	577	Division to improve program performance and make recommendations
578	578	for improvement;
579	579	(5) review and make recommendations to the governor
580	580	and the legislature regarding rules, laws, and guidelines relating
581	581	to Homeland Security Division programs and operations;
582	582	(6) keep the governor, secretary, and legislature
583	583	fully informed of problems in Homeland Security Division programs
584	584	and operations; and
585	585	(7) ensure effective coordination and cooperation
586	586	among the state auditor's office, legislative oversight
587	587	committees, and other governmental bodies while attempting to avoid
588	588	duplication.
589	589	(h) Chapter 2102 applies to the office of audit and review.
590	590	Sec. 425.252. INSPECTOR GENERAL FOR HOMELAND SECURITY
591	591	DIVISION. (a) The governor shall establish the office of the
592	592	inspector general within the Homeland Security Division and appoint
593	593	the inspector general of the Homeland Security Division. The
594	594	inspector general of the Homeland Security Division shall serve
595	595	until removed by the governor.
596	596	(b) The inspector general of the Homeland Security Division
597	597	is responsible for:
598	598	(1) preparing and delivering assessments concerning
599	599	the administration of the Homeland Security Division to the
600	600	governor, the legislature, and the secretary;
601	601	(2) acting to prevent and detect serious breaches of
602	602	Homeland Security Division policy, fraud, and abuse of office,
603	603	including any acts of criminal conduct within the Homeland Security
604	604	Division; and
605	605	(3) independently and objectively reviewing,
606	606	investigating, delegating, and overseeing the investigation of:
607	607	(A) conduct described by Subdivision (2);
608	608	(B) criminal activity occurring within the
609	609	Homeland Security Division;
610	610	(C) allegations of wrongdoing by Homeland
611	611	Security Division employees;
612	612	(D) crimes committed on Homeland Security
613	613	Division property; and
614	614	(E) serious breaches of Homeland Security
615	615	Division policy.
616	616	(c) The inspector general of the Homeland Security Division
617	617	shall report directly to the governor regarding performance of and
618	618	activities related to investigations and provide the secretary with
619	619	information regarding investigations as appropriate.
620	620	(d) The inspector general of the Homeland Security Division
621	621	shall regularly present to the governor:
622	622	(1) reports of investigations; and
623	623	(2) a summary of information relating to
624	624	investigations conducted under this section that includes analysis
625	625	of the number, type, and outcome of investigations, trends in the
626	626	investigations, and recommendations to avoid future complaints.
627	627	SECTION 1.03. Chapter 820, Government Code, is amended by
628	628	adding Subchapter A-1 to read as follows:
629	629	SUBCHAPTER A-1. CERTAIN MILITARY SERVICE CREDIT
630	630	Sec. 820.021. CERTAIN MILITARY SERVICE CREDIT WITHOUT
631	631	PURCHASE. (a) A cash balance group member hired by the office of
632	632	the governor for the Texas Homeland Security Division under Chapter
633	633	425 who served active federal duty in the armed forces of the United
634	634	States and obtains a peace officer license issued under Chapter
635	635	1701, Occupations Code, while employed with the Homeland Security
636	636	Division may establish military service credit not to exceed six
637	637	months in the retirement system for the purposes described by
638	638	Subsection (c) by submitting a request to the system in a form and
639	639	manner prescribed by the system.
640	640	(b) The retirement system shall grant the military service
641	641	credit of a member who submits a request as provided by Subsection
642	642	(a) after the system verifies that the member is a cash balance
643	643	group member and served the military service required by that
644	644	subsection.
645	645	(c) Military service credit established under this section
646	646	may be used only to determine whether the cash balance group member
647	647	is eligible to retire and receive a cash balance annuity under this
648	648	chapter. The service credit does not affect eligibility for any
649	649	other purpose, including for purposes of determining eligibility to
650	650	participate in the group benefits program established under Chapter
651	651	1551, Insurance Code.
652	652	SECTION 1.04. Subchapter C, Chapter 2155, Government Code,
653	653	is amended by adding Section 2155.151 to read as follows:
654	654	Sec. 2155.151. CERTAIN PURCHASES BY OFFICE OF THE GOVERNOR.
655	655	(a) The office of the governor is delegated all purchasing
656	656	functions relating to the purchase of technologies and equipment
657	657	for use by the Texas Homeland Security Division in border security
658	658	operations, including technology and equipment described by
659	659	Section 425.104, to ensure the Homeland Security Division
660	660	consistently adopts innovative technologies and solutions for
661	661	those operations.
662	662	(b) The office of the governor shall acquire goods and
663	663	services under Subsection (a) by any procurement method that
664	664	provides the best value to the office. The office of the governor
665	665	shall consider the best value standards listed in Section 2155.074.
666	666	(c) At the request of the office of the governor, the
667	667	comptroller or the Department of Information Resources, as
668	668	appropriate, shall procure goods and services described by
669	669	Subsection (a) for the office. The office of the governor may use
670	670	the services of the comptroller or the Department of Information
671	671	Resources in procuring goods and services described by Subsection
672	672	(a).
673	673	ARTICLE 2. BORDER PROTECTION PROPERTY DAMAGE PROGRAM
674	674	SECTION 2.01. The heading to Chapter 56C, Code of Criminal
675	675	Procedure, is amended to read as follows:
676	676	CHAPTER 56C. BORDER CRIME [LANDOWNER COMPENSATION FOR] PROPERTY
677	677	DAMAGE COMPENSATION PROGRAM [CAUSED BY CERTAIN CRIMINAL
678	678	ACTIVITIES]
679	679	SECTION 2.02. Article 56C.001, Code of Criminal Procedure,
680	680	is amended by amending Subdivision (2) and adding Subdivision (2-a)
681	681	to read as follows:
682	682	(2) "Border crime" means conduct:
683	683	(A) constituting an offense under:
684	684	(i) Subchapter D, Chapter 481, Health and
685	685	Safety Code;
686	686	(ii) Section 20.05, 20.06, or 38.04, Penal
687	687	Code; or
688	688	(iii) Chapter 20A, Penal Code; and
689	689	(B) involving transnational criminal activity.
690	690	(2-a) "Border region" has the meaning assigned by
691	691	Section 772.0071, Government Code.
692	692	SECTION 2.03. The heading to Article 56C.003, Code of
693	693	Criminal Procedure, is amended to read as follows:
694	694	Art. 56C.003. BORDER CRIME PROPERTY DAMAGE [LANDOWNER]
695	695	COMPENSATION PROGRAM.
696	696	SECTION 2.04. Article 56C.003, Code of Criminal Procedure,
697	697	is amended by amending Subsections (a), (c), and (d) and adding
698	698	Subsection (a-1) to read as follows:
699	699	(a) From the funding sources described by Subsection (a-1)
700	700	[money appropriated for the purpose], the attorney general shall
701	701	establish and administer a program to compensate:
702	702	(1) landowners who suffer real property damage on
703	703	agricultural land caused by:
704	704	(A) [(1)] a trespasser as a result of an offense
705	705	under Chapter 28, Penal Code, that was committed in the course of or
706	706	in furtherance of a border crime; or
707	707	(B) [(2)] a law enforcement response to a
708	708	trespasser who was engaged in a border crime; and
709	709	(2) persons residing in the border region who suffer
710	710	real or personal property damage caused by a person described by
711	711	Subdivision (1)(A) or (B).
712	712	(a-1) The attorney general may use money from the following
713	713	sources to establish the program described by Subsection (a):
714	714	(1) money appropriated, credited, or transferred by
715	715	the legislature for purposes of the program;
716	716	(2) revenue that the legislature by statute dedicates
717	717	for deposit to the credit of the program;
718	718	(3) investment earnings and interest earned on money
719	719	held for purposes of administering the program;
720	720	(4) gifts, grants, and donations received by the state
721	721	for purposes of the program; and
722	722	(5) proceeds received under Article 59.06(v).
723	723	(c) The attorney general may not award compensation under
724	724	this article for [real] property damage caused by a trespasser
725	725	[described by Subsection (a)(1)] unless the damage is documented in
726	726	a written report by a law enforcement agency as having occurred in
727	727	connection with a border crime.
728	728	(d) In awarding compensation under this article for [real]
729	729	property damage caused by a trespasser [described by Subsection
730	730	(a)(1)], the attorney general may not consider the outcome of any
731	731	criminal prosecution arising out of the offense under Chapter 28,
732	732	Penal Code, as a result of which the applicant suffered property
733	733	damage or the applicable offense listed in Article 56C.001(2)(A).
734	734	SECTION 2.05. Article 56C.006(a), Code of Criminal
735	735	Procedure, is amended to read as follows:
736	736	(a) The program established under Article 56C.003 is a payer
737	737	of last resort for [real] property damage described by that
738	738	article.
739	739	SECTION 2.06. Article 59.06(t)(1), Code of Criminal
740	740	Procedure, is amended to read as follows:
741	741	(t)(1) This subsection applies only to contraband for which
742	742	forfeiture is authorized with respect to an offense under Section
743	743	[20.05, 20.06,] 20.07, 43.04, or 43.05 or Chapter 20A, Penal Code.
744	744	SECTION 2.07. Article 59.06, Code of Criminal Procedure, is
745	745	amended by adding Subsection (v) to read as follows:
746	746	(v) Notwithstanding any other provision of this article,
747	747	with respect to forfeited property seized in connection with an
748	748	offense under Section 20.05 or 20.06, Penal Code, in a proceeding
749	749	under Article 59.05 in which judgment is rendered in favor of the
750	750	state, the attorney representing the state shall transfer the
751	751	proceeds from the sale of the forfeited property under Subsection
752	752	(a) to the comptroller for deposit to the credit of the border crime
753	753	property damage compensation program established under Chapter
754	754	56C.
755	755	SECTION 2.08. Article 56C.007, Code of Criminal Procedure,
756	756	is repealed.
757	757	ARTICLE 3. BORDER SECURITY ADVISORY COUNCIL
758	758	SECTION 3.01. Subchapter B-1, Chapter 421, Government Code,
759	759	is amended by adding Section 421.0425 to read as follows:
760	760	Sec. 421.0425. BORDER SECURITY ADVISORY COUNCIL. (a) The
761	761	Border Security Advisory Council is a permanent special advisory
762	762	committee created to advise the legislature and the governor or the
763	763	governor's designee on homeland security issues impacting the
764	764	security of the Texas-Mexico border and on streamlining statewide
765	765	border security activities and initiatives.
766	766	(b) The council is composed of:
767	767	(1) the chair of the standing substantive committee of
768	768	the senate with primary jurisdiction over border security;
769	769	(2) the chair of the standing substantive committee of
770	770	the house of representatives with primary jurisdiction over border
771	771	security and public safety;
772	772	(3) four senators appointed by the lieutenant governor
773	773	who collectively meet the following requirements:
774	774	(A) two senators must represent senatorial
775	775	districts located in the border region; and
776	776	(B) one senator must be the chair of the senate
777	777	standing committee with primary jurisdiction over border security
778	778	issues;
779	779	(4) four members of the house of representatives
780	780	appointed by the speaker of the house of representatives who
781	781	collectively meet the following requirements:
782	782	(A) two representatives must represent house
783	783	districts located in the border region; and
784	784	(B) one representative must be the chair of the
785	785	house standing committee with primary jurisdiction over border
786	786	security and public safety issues;
787	787	(5) as nonvoting members, the executive head of or a
788	788	designee from each of the following:
789	789	(A) Department of Public Safety;
790	790	(B) Texas Military Department;
791	791	(C) Texas Division of Emergency Management;
792	792	(D) Parks and Wildlife Department;
793	793	(E) Texas Department of Criminal Justice;
794	794	(F) Office of Court Administration of the Texas
795	795	Judicial System; and
796	796	(G) Texas Alcoholic Beverage Commission;
797	797	(6) as a nonvoting member, the presiding officer of
798	798	the border prosecution unit established under Section 772.052;
799	799	(7) the following nonvoting members appointed by the
800	800	governor or the governor's designee:
801	801	(A) one representative of a county located in the
802	802	border region, other than a sheriff;
803	803	(B) one sheriff of a county located in the border
804	804	region;
805	805	(C) one representative of a municipality located
806	806	in the border region, other than a municipal police chief;
807	807	(D) one police chief of a municipality located in
808	808	the border region; and
809	809	(E) one representative of the business community
810	810	involved in international trade across the Texas-Mexico border; and
811	811	(8) other nonvoting members as determined by the
812	812	governor or the governor's designee.
813	813	(c) The committee chairs described by Subsections (b)(1)
814	814	and (2) are joint chairs of the council.
815	815	(d) A majority of the voting members of the council
816	816	constitutes a quorum to transact business. If a quorum is present,
817	817	the council may act on any matter within the council's jurisdiction
818	818	by a majority vote.
819	819	(e) The council shall meet as often as necessary to perform
820	820	the council's duties. Meetings may be held at any time at the
821	821	request of either chair.
822	822	(f) As an exception to Chapter 551 and other law, for a
823	823	meeting at which both joint chairs of the council are physically
824	824	present, any number of the other council members may attend the
825	825	meeting by use of telephone conference call, video conference call,
826	826	or other similar technology. This subsection applies for purposes
827	827	of establishing a quorum or voting or for any other purpose allowing
828	828	the members to fully participate in any council meeting. This
829	829	subsection applies without regard to the subject or topics
830	830	considered by the members at the meeting.
831	831	(g) A council meeting held by use of telephone conference
832	832	call, video conference call, or other similar technology:
833	833	(1) is subject to the notice requirements applicable
834	834	to other meetings;
835	835	(2) must specify in the notice of the meeting the
836	836	location at which the joint chairs will be physically present;
837	837	(3) must be open to the public and audible to the
838	838	public at the location specified in the notice under Subdivision
839	839	(2); and
840	840	(4) must provide two-way audio communication between
841	841	all council members attending the meeting during the entire
842	842	meeting, and if the two-way audio communication link with any
843	843	member attending the meeting is disrupted at any time, the meeting
844	844	may not continue until the two-way audio communication link is
845	845	reestablished.
846	846	(h) In addition to the duties under Section 421.045, the
847	847	council shall:
848	848	(1) use statistical analyses and other research
849	849	methods to conduct an in-depth examination of border safety
850	850	initiatives and programs in this state that includes:
851	851	(A) an assessment of:
852	852	(i) the efficiency and cost-effectiveness
853	853	of the use of state and local funds in ensuring border safety;
854	854	(ii) any duplication, overlap, and conflict
855	855	between state-run border security programs; and
856	856	(iii) the effectiveness of communication
857	857	and coordination among state, local, and federal agencies
858	858	responsible for or engaged in border security;
859	859	(B) an identification of critical border safety
860	860	problems; and
861	861	(C) a determination of the state's long-range
862	862	border safety needs;
863	863	(2) identify and anticipate challenges and threats to
864	864	agencies' operations along the Texas-Mexico border;
865	865	(3) develop solutions to overcome the challenges and
866	866	threats described by Subdivision (2);
867	867	(4) identify strategic opportunities agencies may use
868	868	to enhance the capabilities and effectiveness of their roles in
869	869	this state's operations along the Texas-Mexico border;
870	870	(5) recommend to the legislature and the governor:
871	871	(A) strategies to solve the problems
872	872	identified under Subdivision (1)(B);
873	873	(B) policy priorities to address the
874	874	long-range needs determined under Subdivision (1)(C); and
875	875	(C) measures based on objective research
876	876	and analysis to help guide state border safety policies;
877	877	(6) advise the legislature and the governor regarding:
878	878	(A) coordinating the goals and
879	879	responsibilities for border security efforts of local and state
880	880	agencies with jurisdiction over border security;
881	881	(B) developing procedures for streamlining
882	882	decision-making of local and state agencies with jurisdiction over
883	883	border security; and
884	884	(C) improving transparency of border
885	885	security operations; and
886	886	(7) advise and assist the legislature and the governor
887	887	in developing plans, programs, and proposed legislation to improve
888	888	the effectiveness of border safety initiatives and programs.
889	889	(i) The council may hire staff or may contract with
890	890	universities or other suitable entities to assist the council in
891	891	carrying out the council's duties. Funding to support the operation
892	892	of the council shall be provided from funds appropriated to the
893	893	Texas Legislative Council.
894	894	(j) Not later than January 1 of each odd-numbered year, the
895	895	council shall submit to the legislature and the governor a report
896	896	that contains the recommendations described by Subsection (h)(5).
897	897	SECTION 3.02. Section 421.044, Government Code, is amended
898	898	to read as follows:
899	899	Sec. 421.044. COMPENSATION AND REIMBURSEMENT OF EXPENSES
900	900	PROHIBITED. (a) A person who is a member of a permanent special
901	901	advisory committee created under this subchapter is not entitled to
902	902	receive:
903	903	(1) compensation from this state for service on the
904	904	committee; or
905	905	(2) except as provided by Subsection (b), travel
906	906	expenses incurred by the person while conducting the business of
907	907	the committee.
908	908	(b) A member of the Border Security Advisory Council created
909	909	under Section 421.0425 is entitled to travel expenses described by
910	910	Subsection (a)(2) as provided by the General Appropriations Act.
911	911	ARTICLE 4. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,
912	912	EQUIPMENT, AND SERVICES IN THE BORDER REGION
913	913	SECTION 4.01. Chapter 421, Government Code, is amended by
914	914	adding Subchapter G to read as follows:
915	915	SUBCHAPTER G. USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY
916	916	Sec. 421.111. DEFINITIONS. In this subchapter:
917	917	(1) "Border region" has the meaning assigned by
918	918	Section 772.0071.
919	919	(2) "Local government" means a municipality or county.
920	920	(3) "Office" means the trusteed programs within the
921	921	office of the governor.
922	922	Sec. 421.112. USE OF CERTAIN FUNDS. (a) From money
923	923	appropriated for that purpose, the office, as authorized by Chapter
924	924	418, including Subchapter D of that chapter, shall make funds
925	925	available to state agencies and local governments for the following
926	926	purposes:
927	927	(1) the construction and maintenance of facilities
928	928	related to prosecuting and adjudicating offenses committed in the
929	929	border region, including court facilities, processing facilities,
930	930	detention facilities for persons who are 10 years of age or older,
931	931	regardless of gender, criminal justice centers, and other similar
932	932	facilities;
933	933	(2) the payment of staff salaries and benefits and the
934	934	payment of operational expenses related to providing law
935	935	enforcement services;
936	936	(3) the purchase or maintenance of equipment related
937	937	to providing public health and safety services in the border
938	938	region, including law enforcement services, communication
939	939	services, and emergency services, to enhance the safety and
940	940	security of the citizens of this state;
941	941	(4) the construction and maintenance of temporary
942	942	border security infrastructure, including temporary barriers,
943	943	buoys, fences, wires, roads, trenches, surveillance technology, or
944	944	other improvements, designed or adapted to surveil or impede the
945	945	movement of persons or objects across the Texas-Mexico border at
946	946	locations other than ports of entry;
947	947	(5) the construction of improvements, including
948	948	surveillance and detection technology, to an area in the immediate
949	949	vicinity of a port of entry to enhance vehicle inspection
950	950	capabilities and assist in the investigation, interdiction, and
951	951	prosecution of persons smuggling individuals or contraband,
952	952	including controlled substances, such as fentanyl, cocaine,
953	953	heroin, and methamphetamine, across the Texas-Mexico border; and
954	954	(6) the acquisition and construction of facilities,
955	955	equipment and services to remove illegal immigrants from Texas.
956	956	(7) the construction or improvement of roadways and
957	957	similar transportation facilities in the border region that provide
958	958	for detailed monitoring of commercial motor vehicles traveling
959	959	along the roadways and facilities in any direction within 30 miles
960	960	of a port of entry.
961	961	Sec. 421.113. FEDERAL FUNDS; GIFTS, GRANTS, AND DONATIONS.
962	962	In addition to funds appropriated by the legislature and for
963	963	purposes of this subchapter, the office may:
964	964	(1) seek and apply for any available federal funds;
965	965	and
966	966	(2) solicit and accept gifts, grants, and donations
967	967	from any other source, public or private.
968	968	Sec. 421.114. RULES. The office may adopt rules for the
969	969	administration of this subchapter.
970	970	Sec. 421.115. REPORTING REQUIREMENTS. (a) The recipient of
971	971	funds for a purpose described by Section 421.112 shall submit to the
972	972	office reports on an interval prescribed by the office regarding
973	973	the use of the funds and any other issue related to the funds as
974	974	determined by the office.
975	975	(b) Funds received by a state agency for a purpose described
976	976	by Section 421.112 are considered border security funding for
977	977	purposes of reporting requirements in the General Appropriations
978	978	Act.
979	979	Sec. 421.116. ADMINISTRATIVE COSTS. Unless otherwise
980	980	provided by the appropriation, the division may use a reasonable
981	981	amount, not to exceed five percent, of any general revenue
982	982	appropriated for purposes of this subchapter to pay the costs of
983	983	administering this subchapter.
984	984	SECTION 4.02. As soon as practicable after the effective
985	985	date of this article, the office of the governor shall adopt rules
986	986	as necessary to implement Subchapter G, Chapter 421, Government
987	987	Code, as added by this article.
988	988	ARTICLE 5. BORDER PROTECTION AGREEMENTS
989	989	SECTION 5.01. (a) The legislature, acting with the
990	990	governor, has the solemn duty to protect and defend the citizens of
991	991	this state and maintain sovereignty over this state's borders.
992	992	(b) An individual entering this state from a foreign country
993	993	shall enter through a legal port of entry.
994	994	SECTION 5.02. Title 7, Government Code, is amended by
995	995	adding Chapter 795 to read as follows:
996	996	CHAPTER 795. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN
997	997	STATES
998	998	Sec. 795.001. AUTHORITY FOR AGREEMENTS AND ENGAGEMENT WITH
999	999	AUTHORITIES OF UNITED MEXICAN STATES. (a) On behalf of this state,
1000	1000	the governor shall coordinate, develop, and execute agreements with
1001	1001	the United Mexican States and the states of the United Mexican
1002	1002	States regarding the authority of this state to protect and defend
1003	1003	its citizens.
1004	1004	(b) The governor may appoint a group of individuals
1005	1005	responsible for meeting in person with the appropriate local,
1006	1006	state, and federal authorities of the United Mexican States to
1007	1007	coordinate, develop, and execute agreements under Subsection (a).
1008	1008	The group appointed under this subsection may operate within the
1009	1009	United Mexican States as practicable.
1010	1010	ARTICLE 6. SEVERABILITY; EFFECTIVE DATE
1011	1011	SECTION 6.01. It is the intent of the legislature that every
1012	1012	provision, section, subsection, sentence, clause, phrase, or word
1013	1013	in this Act, and every application of the provisions in this Act to
1014	1014	every person, group of persons, or circumstances, is severable from
1015	1015	each other. If any application of any provision in this Act to any
1016	1016	person, group of persons, or circumstances is found by a court to be
1017	1017	invalid for any reason, the remaining applications of that
1018	1018	provision to all other persons and circumstances shall be severed
1019	1019	and may not be affected.
1020	1020	SECTION 6.02. This Act takes effect immediately if it
1021	1021	receives a vote of two-thirds of all the members elected to each
1022	1022	house, as provided by Section 39, Article III, Texas Constitution.
1023	1023	If this Act does not receive the vote necessary for immediate
1024	1024	effect, this Act takes effect on the 91st day after the last day of
1025	1025	the legislative session.