Texas 2023 - 88th 3rd C.S.

Texas House Bill HB200 Compare Versions

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1	1	88S30866 LRM-F
2	2	By: Lopez of Cameron H.B. No. 200
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to border protection and economic development services,
8	8	programs, and other measures, including establishing educational
9	9	programs and the border protection unit, in this state to address
10	10	certain issues affecting the border region, including
11	11	transnational and other criminal activity and public health
12	12	threats.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	ARTICLE 1. LEGISLATIVE FINDING
15	15	SECTION 1.01. The legislature, acting with the governor,
16	16	has the solemn duty to protect and defend the citizens of this state
17	17	and maintain sovereignty over this state's borders.
18	18	ARTICLE 2. BORDER PROTECTION AGREEMENTS
19	19	SECTION 2.01. Title 7, Government Code, is amended by
20	20	adding Chapter 795 to read as follows:
21	21	CHAPTER 795. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN
22	22	STATES
23	23	Sec. 795.001. AUTHORITY FOR AGREEMENTS. On behalf of this
24	24	state, the governor may coordinate, develop, and execute agreements
25	25	with the United Mexican States and the states of the United Mexican
26	26	States regarding the authority of this state to protect and defend
27	27	its citizens.
28	28	ARTICLE 3. BORDER REGION COURT PROGRAM
29	29	SECTION 3.01. Chapter 72, Government Code, is amended by
30	30	adding Subchapter H to read as follows:
31	31	SUBCHAPTER H. BORDER PROTECTION COURT GRANT PROGRAM
32	32	Sec. 72.201. DEFINITIONS. In this subchapter:
33	33	(1) "Border-related offense" means an offense:
34	34	(A) associated with or involving:
35	35	(i) a person unlawfully entering or
36	36	attempting to enter this state by crossing the Texas-Mexico border
37	37	at any place other than at a port of entry;
38	38	(ii) the smuggling of individuals or
39	39	contraband across the Texas-Mexico border; or
40	40	(iii) an operative of a transnational
41	41	cartel;
42	42	(B) similar to an offense described by Paragraph
43	43	(A) that the office by rule defines as a border-related offense for
44	44	purposes of this subchapter; or
45	45	(C) for which the office has determined
46	46	prosecutions have significantly increased as a result of Operation
47	47	Lone Star.
48	48	(2) "Border region" has the meaning assigned by
49	49	Section 772.0071.
50	50	Sec. 72.202. GRANT PROGRAM. (a) From money appropriated
51	51	for that purpose, the office shall establish and administer a grant
52	52	program to support the operation of courts in the border region with
53	53	the adjudication of border-related offenses.
54	54	(b) In addition to other funds appropriated by the
55	55	legislature and for purposes of administering and funding the grant
56	56	program, the office may:
57	57	(1) seek and apply for any available federal funds;
58	58	and
59	59	(2) solicit and accept gifts, grants, and donations
60	60	from any other source, public or private, as necessary to ensure
61	61	resources are available to achieve the purpose described by
62	62	Subsection (a).
63	63	(c) The grants awarded under this subchapter may be used for
64	64	the reimbursement of costs associated with the operation of a
65	65	court, including the:
66	66	(1) salary of a visiting judge appointed under Chapter
67	67	74;
68	68	(2) salary and benefits of an associate judge, court
69	69	coordinator, court administrator, court reporter, and court
70	70	interpreter;
71	71	(3) salary and benefits of district and county clerk
72	72	staff;
73	73	(4) travel costs and other expenses incurred by court
74	74	personnel and judges in the performance of their duties;
75	75	(5) cost of equipment necessary for personnel
76	76	dedicated to the processing and adjudicating of border-related
77	77	offenses; or
78	78	(6) fees and related expenses for the appointment of
79	79	counsel to represent an indigent defendant under Chapter 26, Code
80	80	of Criminal Procedure, or the costs to operate a public defender's
81	81	office or managed assigned counsel program under that chapter, as
82	82	those fees and expenses relate to the adjudication of
83	83	border-related offenses.
84	84	Sec. 72.203. RULES. (a) The office shall adopt rules for
85	85	the administration and operation of the grant program established
86	86	under this subchapter.
87	87	(b) In adopting the rules, the office shall:
88	88	(1) conduct a study of the data collected for this
89	89	purpose or otherwise available on crime, arrests, detentions, and
90	90	convictions to identify offenses for which prosecutions have
91	91	increased as a result of Operation Lone Star; and
92	92	(2) solicit from governmental officials, community
93	93	leaders, and other interested persons in the border region
94	94	information necessary to identify the courts of the region needing
95	95	financial assistance.
96	96	(c) The rules must include:
97	97	(1) administrative provisions for grants awarded
98	98	under this subchapter, including:
99	99	(A) eligibility criteria for grant applicants,
100	100	including criteria to limit eligibility to those applicants
101	101	experiencing an increase in caseloads;
102	102	(B) grant application procedures;
103	103	(C) guidelines relating to grant amounts;
104	104	(D) procedures for evaluating grant
105	105	applications; and
106	106	(E) procedures for monitoring the use of grants;
107	107	(2) methods for tracking the effectiveness of grants
108	108	and the efficiency of the applicants receiving grants; and
109	109	(3) procedures for reporting caseload data at least
110	110	annually, including caseload data necessary to update the study
111	111	described by Section 72.2055.
112	112	Sec. 72.204. GRANT AMOUNTS. The amount of a grant awarded
113	113	under this section may not exceed the amount set by the General
114	114	Appropriations Act.
115	115	Sec. 72.205. REPORTING REQUIREMENTS FOR GRANT RECIPIENTS.
116	116	The recipient of a grant awarded under this subchapter shall submit
117	117	to the office an annual report on the grant money spent during the
118	118	year covered by the report and the purposes for which that money was
119	119	spent.
120	120	Sec. 72.2055. ANNUAL REPORT BY OFFICE. Annually, the
121	121	office shall update the study conducted under Section 72.203(b)(1)
122	122	using caseload data required to be reported under the rules adopted
123	123	under Section 72.203(c).
124	124	Sec. 72.206. ADMINISTRATIVE COSTS. Unless otherwise
125	125	provided by the appropriation, the office may use a reasonable
126	126	amount, not to exceed five percent, of any general revenue
127	127	appropriated for purposes of this subchapter to pay the costs of
128	128	administering the grant program.
129	129	SECTION 3.02. As soon as practicable after the effective
130	130	date of this Act, the Office of Court Administration of the Texas
131	131	Judicial System shall with respect to Subchapter H, Chapter 72,
132	132	Government Code, as added by this Act:
133	133	(1) adopt rules as necessary to implement the
134	134	subchapter; and
135	135	(2) establish the grant program required by the
136	136	subchapter.
137	137	ARTICLE 4. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,
138	138	EQUIPMENT, AND SERVICES IN THE BORDER REGION
139	139	SECTION 4.01. Chapter 421, Government Code, is amended by
140	140	adding Subchapter G to read as follows:
141	141	SUBCHAPTER G. USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY
142	142	Sec. 421.111. DEFINITIONS. In this subchapter:
143	143	(1) "Border region" has the meaning assigned by
144	144	Section 772.0071.
145	145	(2) "Local government" means a municipality or county.
146	146	(3) "Office" means the trusteed programs within the
147	147	office of the governor.
148	148	Sec. 421.112. USE OF CERTAIN FUNDS. From money
149	149	appropriated for that purpose, the office, as authorized by Chapter
150	150	418, including Subchapter D of that chapter, shall make funds
151	151	available to state agencies and local governments for the following
152	152	purposes:
153	153	(1) the construction and maintenance of facilities
154	154	related to prosecuting and adjudicating offenses committed in the
155	155	border region, including court facilities, processing facilities,
156	156	detention facilities for persons who are 10 years of age or older,
157	157	regardless of gender, criminal justice centers, and other similar
158	158	facilities;
159	159	(2) the payment of staff salaries and benefits and the
160	160	payment of operational expenses related to providing law
161	161	enforcement services;
162	162	(3) the purchase or maintenance of equipment related
163	163	to providing public health and safety services in the border
164	164	region, including law enforcement services, communication
165	165	services, and emergency services, to enhance the safety and
166	166	security of the citizens of this state;
167	167	(4) the construction and maintenance of temporary
168	168	border security infrastructure, including temporary barriers,
169	169	fences, wires, roads, trenches, surveillance technology, or other
170	170	improvements, designed or adapted to surveil or impede the movement
171	171	of persons or objects across the Texas-Mexico border at locations
172	172	other than ports of entry;
173	173	(5) the construction of improvements to an area in the
174	174	immediate vicinity of a port of entry to enhance vehicle inspection
175	175	capabilities and assist in the investigation, interdiction, and
176	176	prosecution of persons smuggling individuals or contraband across
177	177	the Texas-Mexico border; and
178	178	(6) the construction or improvement of roadways and
179	179	similar transportation facilities in the border region that provide
180	180	for detailed monitoring of commercial motor vehicles traveling
181	181	along the roadways and facilities.
182	182	Sec. 421.113. FEDERAL FUNDS; GIFTS, GRANTS, AND DONATIONS.
183	183	In addition to funds appropriated by the legislature and for
184	184	purposes of this subchapter, the office may:
185	185	(1) seek and apply for any available federal funds;
186	186	and
187	187	(2) solicit and accept gifts, grants, and donations
188	188	from any other source, public or private.
189	189	Sec. 421.114. RULES. The office may adopt rules for the
190	190	administration of this subchapter.
191	191	Sec. 421.115. REPORTING REQUIREMENTS. (a) The recipient
192	192	of funds for a purpose described by Section 421.112 shall submit to
193	193	the office reports on an interval prescribed by the office
194	194	regarding the use of the funds and any other issue related to the
195	195	funds as determined by the office.
196	196	(b) Funds received by a state agency for a purpose described
197	197	by Section 421.112 are considered border security funding for
198	198	purposes of reporting requirements in the General Appropriations
199	199	Act.
200	200	Sec. 421.116. ADMINISTRATIVE COSTS. Unless otherwise
201	201	provided by the appropriation, the division may use a reasonable
202	202	amount, not to exceed five percent, of any general revenue
203	203	appropriated for purposes of this subchapter to pay the costs of
204	204	administering this subchapter.
205	205	SECTION 4.02. As soon as practicable after the effective
206	206	date of this Act, the office of the governor shall adopt rules as
207	207	necessary to implement Subchapter G, Chapter 421, Government Code,
208	208	as added by this Act.
209	209	ARTICLE 5. DISPOSITION OF CERTAIN FORFEITED PROPERTY
210	210	SECTION 5.01. Article 59.06(t)(1), Code of Criminal
211	211	Procedure, is amended to read as follows:
212	212	(t)(1) This subsection applies only to contraband for which
213	213	forfeiture is authorized with respect to an offense under Section
214	214	[20.05, 20.06,] 20.07, 43.04, or 43.05 or Chapter 20A, Penal Code.
215	215	SECTION 5.02. Article 59.06, Code of Criminal Procedure, is
216	216	amended by adding Subsection (v) to read as follows:
217	217	(v) Notwithstanding any other provision of this article,
218	218	with respect to forfeited property seized in connection with an
219	219	offense under Section 20.05 or 20.06, Penal Code, in a proceeding
220	220	under Article 59.05 in which judgment is rendered in favor of the
221	221	state, the attorney representing the state shall transfer the
222	222	proceeds from the sale of the forfeited property under Subsection
223	223	(a) to the comptroller for deposit to the credit of the landowner
224	224	compensation program established under Chapter 56C.
225	225	ARTICLE 6. EDUCATIONAL PROGRAM
226	226	SECTION 6.01. Chapter 61, Education Code, is amended by
227	227	adding Subchapter D-1 to read as follows:
228	228	SUBCHAPTER D-1. BORDER INSTITUTION GRANT PROGRAM
229	229	Sec. 61.101. BORDER INSTITUTION GRANT PROGRAM. (a) In this
230	230	subchapter, "border region" has the meaning assigned by Section
231	231	772.0071, Government Code.
232	232	(b) Subject to the availability of funds, the board shall
233	233	establish a border institution grant program under which the board
234	234	awards financial assistance to institutions of higher education
235	235	located in the border region that administer innovative programs
236	236	designed to:
237	237	(1) recruit, train, retain, or otherwise increase the
238	238	number of professionals in fields related to border safety or
239	239	affected by ongoing criminal activity and public health threats to
240	240	the border region, as determined by board rule, including by
241	241	providing a salary increase or stipend to a faculty member who
242	242	provides instruction to additional students in a degree or
243	243	certificate program that graduates those professionals; and
244	244	(2) conduct research in areas of study related to
245	245	border safety or the effects of ongoing criminal activity and
246	246	public health threats to the border region.
247	247	Sec. 61.102. FEDERAL FUNDS AND GIFTS, GRANTS, AND
248	248	DONATIONS. In addition to other funds appropriated by the
249	249	legislature and for the purposes described by Section 61.101, the
250	250	board may:
251	251	(1) seek and apply for any available federal funds;
252	252	and
253	253	(2) solicit and accept gifts, grants, and donations
254	254	from any other source, public or private, as necessary to ensure
255	255	effective implementation of the grant program established under
256	256	this subchapter.
257	257	Sec. 61.103. RULES. (a) The board shall adopt rules for
258	258	the administration of the grant program established under this
259	259	subchapter. In adopting the rules, the board shall solicit, from
260	260	border region officials, community leaders in the border region,
261	261	and other stakeholders, information necessary to identify
262	262	innovative programs anticipated to produce the best outcomes and
263	263	serve the greatest need.
264	264	(b) The rules must include:
265	265	(1) administrative provisions for grants awarded
266	266	under this subchapter, including:
267	267	(A) eligibility criteria for institutions of
268	268	higher education, including a requirement that the institution
269	269	demonstrate regional and state workforce need;
270	270	(B) grant application procedures;
271	271	(C) guidelines relating to grant amounts;
272	272	(D) procedures for evaluating grant
273	273	applications; and
274	274	(E) procedures for monitoring the use of grants;
275	275	and
276	276	(2) methods for tracking the effectiveness of grants
277	277	that:
278	278	(A) using data reasonably available to the board,
279	279	consider relevant information regarding the career paths of
280	280	professionals described by Section 61.101 during the four-year
281	281	period following their graduation; and
282	282	(B) evaluate whether and for how long those
283	283	professionals practice in a field described by Section 61.101 in
284	284	this state.
285	285	Sec. 61.104. AWARD OF GRANTS. In awarding grants under this
286	286	subchapter, the board shall give priority to applicants that
287	287	propose to:
288	288	(1) enhance or leverage existing degree programs that
289	289	graduate professionals described by Section 61.101;
290	290	(2) establish or maintain a program that serves a
291	291	rural or underserved area;
292	292	(3) partner with another institution of higher
293	293	education to develop a joint program;
294	294	(4) establish or maintain a program that incentivizes
295	295	professionals described by Section 61.101 to serve in their field
296	296	or a related field of study for at least three consecutive years
297	297	following graduation; and
298	298	(5) establish or maintain a degree or certificate
299	299	program to educate professionals in specialties that face
300	300	significant workforce shortages, including those described by
301	301	Section 61.101.
302	302	Sec. 61.105. GRANT AMOUNTS. The amount of a grant awarded
303	303	under this subchapter may not exceed an amount specified in the
304	304	General Appropriations Act.
305	305	Sec. 61.106. REPORTING REQUIREMENTS. An institution of
306	306	higher education that receives a grant awarded under this
307	307	subchapter shall submit to the board an annual report on the amounts
308	308	and purposes for which grant money was spent during the year covered
309	309	by the report.
310	310	Sec. 61.107. ADMINISTRATIVE COSTS. Unless otherwise
311	311	provided by the appropriation, the board may use a reasonable
312	312	amount, not to exceed five percent, of any general revenue
313	313	appropriated for purposes of this subchapter to pay the costs of
314	314	administering this subchapter.
315	315	SECTION 6.02. (a) As soon as practicable after the
316	316	effective date of this Act, the Texas Higher Education Coordinating
317	317	Board shall adopt rules for the implementation and administration
318	318	of the border institution grant program established under
319	319	Subchapter D-1, Chapter 61, Education Code, as added by this Act.
320	320	(b) Not later than September 1, 2024, the Texas Higher
321	321	Education Coordinating Board shall establish the border
322	322	institution grant program required by Subchapter D-1, Chapter 61,
323	323	Education Code, as added by this Act, and shall begin to award
324	324	grants under the program as soon as practicable after the program is
325	325	established.
326	326	ARTICLE 7. ECONOMIC DEVELOPMENT INITIATIVE
327	327	SECTION 7.01. Chapter 481, Government Code, is amended by
328	328	adding Subchapter Q to read as follows:
329	329	SUBCHAPTER Q. BORDER PROTECTION ECONOMIC DEVELOPMENT INITIATIVE
330	330	Sec. 481.241. DEFINITION. In this subchapter, "border
331	331	region" has the meaning assigned by Section 772.0071.
332	332	Sec. 481.242. CAMPAIGN FOR BUSINESSES AND TOURISM. (a) In
333	333	consultation with stakeholders in the border region, the office
334	334	shall develop and execute a campaign to:
335	335	(1) attract domestic and foreign entities to:
336	336	(A) locate the headquarters of those entities in
337	337	the border region; or
338	338	(B) expand the entities' operations to the border
339	339	region;
340	340	(2) support and promote tourism in the border region;
341	341	and
342	342	(3) support institutions and initiatives in the border
343	343	region that create an environment conducive to starting or
344	344	operating a company whose primary business is providing homeland
345	345	security technology or services.
346	346	(b) The office may coordinate with and assist any
347	347	municipality, county, or other political subdivision in supporting
348	348	or promoting the purposes described by Subsection (a).
349	349	Sec. 481.243. TARGETED RESEARCH AND OUTREACH; SUPPORTIVE
350	350	PROGRAMS. (a) In developing and executing the campaign described
351	351	by Section 481.242, the office shall identify and research
352	352	particular companies and types of companies with a high potential
353	353	of commercial success if the companies were to operate in the border
354	354	region.
355	355	(b) For each company identified under Subsection (a), the
356	356	office shall develop and execute a campaign to attract the company
357	357	to locate its headquarters or expand operations into the border
358	358	region.
359	359	(c) For a type of company identified under Subsection (a),
360	360	the office shall create programs for supporting the formation of
361	361	new companies in the border region of that type, excluding direct
362	362	financial incentives to the company.
363	363	Sec. 481.244. GIFTS, GRANTS, AND DONATIONS. In addition to
364	364	funds appropriated, credited, or transferred by the legislature for
365	365	the purposes of this subchapter, the office shall:
366	366	(1) seek and apply for any available federal funds;
367	367	and
368	368	(2) solicit and accept gifts, grants, and donations
369	369	from any other source, public or private, as necessary to ensure
370	370	effective implementation of this subchapter.
371	371	Sec. 481.245. ANNUAL REPORT. Not later than December 31 of
372	372	each year, the office shall report to the legislature on the
373	373	activities of the office under this subchapter.
374	374	Sec. 481.246. ADMINISTRATIVE COSTS. Unless otherwise
375	375	provided by the appropriation, the office may use a reasonable
376	376	amount, not to exceed five percent, of any general revenue
377	377	appropriated for the purposes of this subchapter to administer this
378	378	subchapter.
379	379	ARTICLE 8. BORDER PROTECTION PROGRAM OF DEPARTMENT OF PUBLIC
380	380	SAFETY
381	381	SECTION 8.01. Article 2.12, Code of Criminal Procedure, is
382	382	amended to read as follows:
383	383	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
384	384	officers:
385	385	(1) sheriffs, their deputies, and those reserve
386	386	deputies who hold a permanent peace officer license issued under
387	387	Chapter 1701, Occupations Code;
388	388	(2) constables, deputy constables, and those reserve
389	389	deputy constables who hold a permanent peace officer license issued
390	390	under Chapter 1701, Occupations Code;
391	391	(3) marshals or police officers of an incorporated
392	392	city, town, or village, and those reserve municipal police officers
393	393	who hold a permanent peace officer license issued under Chapter
394	394	1701, Occupations Code;
395	395	(4) rangers, officers, and members of the reserve
396	396	officer corps commissioned by:
397	397	(A) the Public Safety Commission; and
398	398	(B) either:
399	399	(i) the Director of the Department of
400	400	Public Safety; or
401	401	(ii) the unit chief of the Border
402	402	Protection Unit;
403	403	(5) investigators of the district attorneys', criminal
404	404	district attorneys', and county attorneys' offices;
405	405	(6) law enforcement agents of the Texas Alcoholic
406	406	Beverage Commission;
407	407	(7) each member of an arson investigating unit
408	408	commissioned by a city, a county, or the state;
409	409	(8) officers commissioned under Section 37.081 or
410	410	37.0818, Education Code, or Subchapter E, Chapter 51, Education
411	411	Code;
412	412	(9) officers commissioned by the General Services
413	413	Commission;
414	414	(10) law enforcement officers commissioned by the
415	415	Parks and Wildlife Commission;
416	416	(11) officers commissioned under Chapter 23,
417	417	Transportation Code;
418	418	(12) municipal park and recreational patrolmen and
419	419	security officers;
420	420	(13) security officers and investigators commissioned
421	421	as peace officers by the comptroller;
422	422	(14) officers commissioned by a water control and
423	423	improvement district under Section 49.216, Water Code;
424	424	(15) officers commissioned by a board of trustees
425	425	under Chapter 54, Transportation Code;
426	426	(16) investigators commissioned by the Texas Medical
427	427	Board;
428	428	(17) officers commissioned by:
429	429	(A) the board of managers of the Dallas County
430	430	Hospital District, the Tarrant County Hospital District, the Bexar
431	431	County Hospital District, or the El Paso County Hospital District
432	432	under Section 281.057, Health and Safety Code;
433	433	(B) the board of directors of the Ector County
434	434	Hospital District under Section 1024.117, Special District Local
435	435	Laws Code;
436	436	(C) the board of directors of the Midland County
437	437	Hospital District of Midland County, Texas, under Section 1061.121,
438	438	Special District Local Laws Code; and
439	439	(D) the board of hospital managers of the Lubbock
440	440	County Hospital District of Lubbock County, Texas, under Section
441	441	1053.113, Special District Local Laws Code;
442	442	(18) county park rangers commissioned under
443	443	Subchapter E, Chapter 351, Local Government Code;
444	444	(19) investigators employed by the Texas Racing
445	445	Commission;
446	446	(20) officers commissioned under Chapter 554,
447	447	Occupations Code;
448	448	(21) officers commissioned by the governing body of a
449	449	metropolitan rapid transit authority under Section 451.108,
450	450	Transportation Code, or by a regional transportation authority
451	451	under Section 452.110, Transportation Code;
452	452	(22) investigators commissioned by the attorney
453	453	general under Section 402.009, Government Code;
454	454	(23) security officers and investigators commissioned
455	455	as peace officers under Chapter 466, Government Code;
456	456	(24) officers appointed by an appellate court under
457	457	Subchapter F, Chapter 53, Government Code;
458	458	(25) officers commissioned by the state fire marshal
459	459	under Chapter 417, Government Code;
460	460	(26) an investigator commissioned by the commissioner
461	461	of insurance under Section 701.104, Insurance Code;
462	462	(27) officers appointed by the inspector general of
463	463	the Texas Juvenile Justice Department under Section 242.102, Human
464	464	Resources Code;
465	465	(28) officers appointed by the inspector general of
466	466	the Texas Department of Criminal Justice under Section 493.019,
467	467	Government Code;
468	468	(29) investigators commissioned by the Texas
469	469	Commission on Law Enforcement under Section 1701.160, Occupations
470	470	Code;
471	471	(30) commission investigators commissioned by the
472	472	Texas Private Security Board under Section 1702.061, Occupations
473	473	Code;
474	474	(31) the fire marshal and any officers, inspectors, or
475	475	investigators commissioned by an emergency services district under
476	476	Chapter 775, Health and Safety Code;
477	477	(32) officers commissioned by the State Board of
478	478	Dental Examiners under Section 254.013, Occupations Code, subject
479	479	to the limitations imposed by that section;
480	480	(33) the fire marshal and any related officers,
481	481	inspectors, or investigators commissioned by a county under
482	482	Subchapter B, Chapter 352, Local Government Code;
483	483	(34) [(35)] fire marshals and any related officers,
484	484	inspectors, or investigators of a municipality who hold a permanent
485	485	peace officer license issued under Chapter 1701, Occupations Code;
486	486	and
487	487	(35) Alamo complex rangers commissioned by the General
488	488	Land Office under Section 31.0515, Natural Resources Code, subject
489	489	to the limitations imposed by that section.
490	490	SECTION 8.02. Section 411.002(a), Government Code, is
491	491	amended to read as follows:
492	492	(a) The Department of Public Safety of the State of Texas is
493	493	an agency of the state to enforce the laws protecting the public
494	494	safety, [and] provide for the prevention and detection of crime,
495	495	and defend and secure the state's air, maritime, and land borders.
496	496	The department is composed of the Texas Rangers, the Texas Highway
497	497	Patrol, the Border Protection Unit, the administrative division,
498	498	and other divisions that the commission considers necessary.
499	499	SECTION 8.03. Section 411.004, Government Code, is amended
500	500	to read as follows:
501	501	Sec. 411.004. DUTIES AND POWERS OF COMMISSION. The
502	502	commission shall:
503	503	(1) formulate plans and policies for:
504	504	(A) enforcement of state criminal, traffic, and
505	505	safety laws;
506	506	(B) prevention of crime;
507	507	(C) detection and apprehension of persons who
508	508	violate laws; [and]
509	509	(D) education of citizens of this state in the
510	510	promotion of public safety and the observance of law; and
511	511	(E) defense and security of this state's air,
512	512	maritime, and land borders;
513	513	(2) organize the department and supervise its
514	514	operation;
515	515	(3) adopt rules considered necessary for carrying out
516	516	the department's work;
517	517	(4) maintain records of all proceedings and official
518	518	orders; and
519	519	(5) biennially submit a report of its work to the
520	520	governor and legislature, including the commission's and director's
521	521	recommendations.
522	522	SECTION 8.04. Section 411.006(a), Government Code, is
523	523	amended to read as follows:
524	524	(a) Subject to Section 411.556, the [The] director shall:
525	525	(1) be directly responsible to the commission for the
526	526	conduct of and act as executive director of the Texas Highway
527	527	Patrol, the Texas Rangers, and other administrative divisions and
528	528	departments assigned by the commission, other than the Border
529	529	Protection Unit [the department's affairs];
530	530	(2) [act as executive director of the department;
531	531	[(3)] act with the commission in an advisory capacity,
532	532	without vote;
533	533	(3) [(4)] adopt rules, subject to commission
534	534	approval, considered necessary for the control of the department;
535	535	(4) [(5)] issue commissions as law enforcement
536	536	officers, under the commission's direction, to all members of the
537	537	Texas Rangers and the Texas Highway Patrol and to other officers of
538	538	the department;
539	539	(5) [(6)] appoint, with the advice and consent of the
540	540	commission, the head of a division or bureau provided for by this
541	541	chapter;
542	542	(6) [(7)] quarterly, annually, and biennially submit
543	543	to the commission detailed reports of the operation of the
544	544	department, including statements of its expenditures; and
545	545	(7) [(8)] prepare, swear to, submit to the governor,
546	546	and file in the department's records a quarterly statement
547	547	containing an itemized list of all money received and its source and
548	548	all money spent and the purposes for which it was spent.
549	549	SECTION 8.05. Section 411.007(a), Government Code, is
550	550	amended to read as follows:
551	551	(a) Subject to the provisions of this chapter, the director
552	552	may appoint, promote, reduce, suspend, or discharge any officer or
553	553	employee of the department, other than an officer or employee of the
554	554	Border Protection Unit.
555	555	SECTION 8.06. Section 411.017(a), Government Code, is
556	556	amended to read as follows:
557	557	(a) A person commits an offense if, without the director's
558	558	authorization, the person:
559	559	(1) manufactures, sells, or possesses a badge,
560	560	identification card, or other item bearing a department insignia or
561	561	an insignia deceptively similar to the department's;
562	562	(2) makes a copy or likeness of a badge,
563	563	identification card, or department insignia, with intent to use or
564	564	allow another to use the copy or likeness to produce an item bearing
565	565	the department insignia or an insignia deceptively similar to the
566	566	department's; or
567	567	(3) uses the term "Texas Department of Public Safety,"
568	568	"Department of Public Safety," "Texas Ranger," [or] "Texas Highway
569	569	Patrol," or "Border Protection Unit" in connection with an object,
570	570	with the intent to create the appearance that the object belongs to
571	571	or is being used by the department.
572	572	SECTION 8.07. Chapter 411, Government Code, is amended by
573	573	adding Subchapter S to read as follows:
574	574	SUBCHAPTER S. BORDER PROTECTION UNIT
575	575	Sec. 411.551. DEFINITIONS. In this subchapter:
576	576	(1) "Border region" has the meaning assigned by
577	577	Section 772.0071.
578	578	(2) "Unit" means the Border Protection Unit.
579	579	(3) "Unit chief" means the person appointed under
580	580	Section 411.555 as the unit chief.
581	581	Sec. 411.552. BORDER PROTECTION UNIT; TERM OF
582	582	AUTHORIZATION. (a) The unit is a division under the commission
583	583	consisting of the number of commissioned officers and other
584	584	employees authorized by the legislature.
585	585	(b) The unit is subject to appropriations by the legislature
586	586	and, unless continued in existence by the legislature, is abolished
587	587	December 31, 2030.
588	588	(c) This subchapter expires December 31, 2030.
589	589	Sec. 411.553. LIMITATION ON CERTAIN POWERS. The unit and
590	590	the department, as applicable, may provide law enforcement services
591	591	as authorized by this subchapter, including Sections 411.0095,
592	592	411.560(b), and 411.563, in a county in the border region only to
593	593	the extent authorized in writing by the commissioners court of that
594	594	county.
595	595	Sec. 411.554. HEADQUARTERS. The unit must be headquartered
596	596	in the border region.
597	597	Sec. 411.555. UNIT CHIEF. (a) The governor shall appoint a
598	598	United States citizen to serve as the unit chief of the Border
599	599	Protection Unit. The unit chief serves until removed by the
600	600	governor.
601	601	(b) The unit chief may appoint, with the advice and consent
602	602	of the commission, deputy unit chiefs and assistant unit chiefs who
603	603	shall perform the duties that the unit chief designates. Deputy
604	604	unit chiefs and assistant unit chiefs serve until removed by the
605	605	unit chief.
606	606	(c) The unit chief, deputy unit chiefs, and assistant unit
607	607	chiefs are entitled to annual salaries as provided by the
608	608	legislature.
609	609	Sec. 411.556. GENERAL POWERS AND DUTIES OF UNIT AND UNIT
610	610	CHIEF. (a) The unit chief shall:
611	611	(1) be directly responsible to the commission for all
612	612	conduct of the unit, but may be removed only by the governor under
613	613	Section 411.555;
614	614	(2) act as the executive director of the unit;
615	615	(3) act with the commission in an advisory capacity,
616	616	without vote;
617	617	(4) adopt rules, subject to commission approval,
618	618	considered necessary for the control and general administration of
619	619	the unit, including rules governing the procurement of facilities
620	620	and equipment for the unit and the training and working conditions
621	621	for unit personnel;
622	622	(5) issue commissions as law enforcement officers,
623	623	under the commission's direction, to members of the unit;
624	624	(6) create as necessary, with the advice and consent
625	625	of the commission, operational or administrative divisions within
626	626	the unit and appoint heads of those divisions;
627	627	(7) employ as necessary commissioned officers and
628	628	other employees to perform unit operations and functions;
629	629	(8) quarterly, annually, and biennially submit to the
630	630	commission detailed reports of the operation of the unit, including
631	631	statements of its expenditures; and
632	632	(9) prepare, swear to, submit to the governor, and
633	633	file in the unit's records a quarterly statement containing an
634	634	itemized list of all money received and its source and all money
635	635	spent and the purposes for which it was spent.
636	636	(b) The unit chief or unit chief's designee shall provide to
637	637	members of the commission and to employees of the unit, as often as
638	638	necessary, information regarding the requirements for office or
639	639	employment under this chapter, including information regarding a
640	640	person's responsibilities under applicable law relating to
641	641	standards of conduct for state officers or employees.
642	642	(c) Subject to Subsection (d), the following provisions
643	643	apply to the unit chief with respect to the unit in the same manner
644	644	as the provisions apply to the director with respect to the
645	645	department or, as applicable, apply to the unit when acting at the
646	646	direction of the unit chief in the same manner as the provisions
647	647	apply to the department when acting at the direction of the
648	648	director:
649	649	(1) Section 411.007;
650	650	(2) Section 411.0071;
651	651	(3) Section 411.0075;
652	652	(4) Section 411.0079;
653	653	(5) Section 411.009;
654	654	(6) Section 411.0095;
655	655	(7) Section 411.0097, as added by Section 3, Chapter
656	656	556 (H.B. 1239), Acts of the 79th Legislature, Regular Session,
657	657	2005;
658	658	(8) Section 411.0097, as added by Section 1, Chapter
659	659	693 (S.B. 293), Acts of the 79th Legislature, Regular Session,
660	660	2005;
661	661	(9) Section 411.0098;
662	662	(10) Section 411.013(b);
663	663	(11) Section 411.0131;
664	664	(12) Section 411.0132;
665	665	(13) Section 411.0141(e);
666	666	(14) Section 411.015;
667	667	(15) Section 411.016;
668	668	(16) Section 411.0161;
669	669	(17) Section 411.0162;
670	670	(18) Section 411.0163;
671	671	(19) Section 411.0164;
672	672	(20) Section 411.017;
673	673	(21) Section 411.018;
674	674	(22) Sections 411.0207(c)(1)-(5);
675	675	(23) Sections 411.0208(d) and (e);
676	676	(24) Section 411.0209;
677	677	(25) Section 411.02095;
678	678	(26) Section 411.0865;
679	679	(27) Section 411.087(e);
680	680	(28) Section 411.0891; and
681	681	(29) Section 411.154.
682	682	(d) The director may not exercise any operational or
683	683	administrative control over the unit chief or the unit. The unit
684	684	chief may not exercise any operational or administrative control
685	685	over the director or the department, other than the unit.
686	686	(e) The unit is a criminal justice agency for purposes of
687	687	this chapter.
688	688	(f) The unit is a law enforcement agency for purposes of
689	689	Section 411.1471(b).
690	690	(g) The unit may assist local law enforcement with the
691	691	investigation of crime.
692	692	Sec. 411.557. OFFICE OF AUDIT AND REVIEW FOR UNIT. The
693	693	governor shall establish the office of audit and review within the
694	694	unit and appoint the director of the office to perform the duties
695	695	under Subchapter I with respect to the unit. The director of the
696	696	office of audit and review of the unit shall serve until removed by
697	697	the governor.
698	698	Sec. 411.558. INSPECTOR GENERAL FOR UNIT. (a) The governor
699	699	shall establish the office of the inspector general within the unit
700	700	and appoint the inspector general of the unit who shall perform with
701	701	respect to the unit the duties of Subchapter I-1 or as may be
702	702	provided by other law. The inspector general of the unit shall
703	703	serve until removed by the governor.
704	704	(b) The inspector general of the unit is responsible for:
705	705	(1) preparing and delivering assessments concerning
706	706	the administration of the unit to the governor, the legislature,
707	707	and the unit chief;
708	708	(2) acting to prevent and detect serious breaches of
709	709	unit policy, fraud, and abuse of office, including any acts of
710	710	criminal conduct within the unit; and
711	711	(3) independently and objectively reviewing,
712	712	investigating, delegating, and overseeing the investigation of:
713	713	(A) conduct described by Subdivision (2);
714	714	(B) criminal activity occurring within the unit;
715	715	(C) allegations of wrongdoing by unit employees;
716	716	(D) crimes committed on unit property; and
717	717	(E) serious breaches of unit policy.
718	718	Sec. 411.559. OFFICERS; OTHER EMPLOYEES. (a) The unit
719	719	chief may employ commissioned officers meeting the qualifications
720	720	described by Section 411.561 to perform the duties of the unit.
721	721	Those officers are entitled to compensation as provided by the
722	722	legislature and must be recruited and trained within the border
723	723	region to the extent practicable.
724	724	(b) The unit chief may employ individuals who are not
725	725	officers as necessary to carry out the duties of the unit.
726	726	(c) Subject to the provisions of this chapter, the unit
727	727	chief may appoint, promote, reduce, suspend, or discharge any
728	728	officer or employee of the unit.
729	729	Sec. 411.5591. USE OF PERSONAL VEHICLE PROHIBITED.
730	730	Notwithstanding any other provision of this subchapter, an officer
731	731	or other employee of the unit may not use the officer's or
732	732	employee's personal vehicle to conduct a traffic stop for any
733	733	purpose related to the officer's or employee's duties.
734	734	Sec. 411.560. AUTHORITY OF OFFICERS. (a) A commissioned
735	735	officer of the unit is governed by the law regulating and defining
736	736	the powers and duties of sheriffs performing similar duties, except
737	737	that the officer may make arrests and execute processes in a
738	738	criminal case in any county in the border region.
739	739	(b) A commissioned officer of the unit may, to the extent
740	740	consistent with the United States and Texas Constitutions, arrest,
741	741	apprehend, or detain persons crossing the Texas-Mexico border
742	742	unlawfully, and deter persons attempting to cross the border
743	743	unlawfully, including with the use of non-deadly crowd control
744	744	measures.
745	745	Sec. 411.561. QUALIFICATIONS. (a) To be a commissioned
746	746	officer of the unit, a person must hold a peace officer license
747	747	issued under Chapter 1701, Occupations Code, and meet any other
748	748	qualifications set by the commission.
749	749	(a-1) The unit chief may not employ an officer or other
750	750	employee if the officer or other employee:
751	751	(1) has been convicted of a violent offense; or
752	752	(2) has been dishonorably discharged from the armed
753	753	forces of the United States or the Texas military forces as shown by
754	754	the service member's release or discharge documentation.
755	755	(a-2) For purposes of Subsection (a-1):
756	756	(1) "Texas military forces" has the meaning assigned
757	757	by Section 437.001.
758	758	(2) "Violent offense" means an offense under the law
759	759	of any state that has as an element the use, attempted use, or
760	760	threatened use of physical force against any person.
761	761	(b) The unit is an equal employment opportunity employer and
762	762	may not discriminate against or give preferential treatment to any
763	763	employee or job applicant on account of the individual's race,
764	764	color, sex, national origin, or religion.
765	765	Sec. 411.562. FACILITIES AND EQUIPMENT; TRAINING. The unit
766	766	shall acquire equipment and facilities and conduct training
767	767	necessary to fulfill the operational, intelligence, communication,
768	768	logistics, and administrative duties provided by this chapter and
769	769	the unit chief.
770	770	Sec. 411.563. LAW ENFORCEMENT BORDER PROTECTION FUNCTIONS.
771	771	The unit chief and director may order commissioned officers under
772	772	their authority to take, and the commissioned officers may take,
773	773	the following actions to the extent consistent with the United
774	774	States and Texas Constitutions:
775	775	(1) deter and repel persons attempting to enter this
776	776	state unlawfully at locations other than ports of entry;
777	777	(2) return aliens to Mexico who:
778	778	(A) have been observed actually crossing the
779	779	Texas-Mexico border unlawfully; and
780	780	(B) were apprehended, detained, or arrested in
781	781	the vicinity of the Texas-Mexico border; and
782	782	(3) enhance the examination of aircraft, ships,
783	783	vehicles, railcars, and cargo at or near ports of entry for the
784	784	purposes of interdicting fentanyl and other dangerous drugs and
785	785	interdicting human smuggling.
786	786	Sec. 411.564. STRATEGIC PLAN TO COORDINATE BORDER SECURITY.
787	787	(a) The unit shall develop and recommend to the governor and report
788	788	to the legislature a strategic plan that establishes the framework
789	789	for the budget and operations of the unit, including homeland
790	790	security strategies and the assistance of other state and local
791	791	entities. The unit shall annually report to the governor and the
792	792	legislature on the implementation of the strategic plan.
793	793	(b) The unit shall include in the strategic plan goals,
794	794	objectives, and performance measures that involve collaboration
795	795	with other state agencies and local entities.
796	796	(c) The unit shall create plans and conduct operations
797	797	consistent with the strategic plan.
798	798	SECTION 8.08. As soon as practicable after the effective
799	799	date of this Act, the governor shall appoint the unit chief as
800	800	prescribed by Section 411.555, Government Code, as added by this
801	801	Act.
802	802	ARTICLE 9. SEVERABILITY
803	803	SECTION 9.01. (a) If any provision of this Act or its
804	804	application to any person or circumstance is held invalid, the
805	805	invalidity does not affect other provisions or applications of this
806	806	Act that can be given effect without the invalid provision or
807	807	application, and to this end the provisions of this Act are declared
808	808	to be severable.
809	809	(b) Subsection (a) of this section does not affect another
810	810	severability provision contained in this Act.
811	811	ARTICLE 10. EFFECTIVE DATE
812	812	SECTION 10.01. This Act takes effect immediately if it
813	813	receives a vote of two-thirds of all the members elected to each
814	814	house, as provided by Section 39, Article III, Texas Constitution.
815	815	If this Act does not receive the vote necessary for immediate
816	816	effect, this Act takes effect on the 91st day after the last day of
817	817	the legislative session.