Texas House Bill HB104

Texas 2023 - 88th 4th C.S.

• Filed: 11/11/23

Caption

Relating to the recovery by this state from the federal government of certain border security expenditures.

Impact

The implications of HB 104 are significant as they formally authorize the comptroller to seek reimbursement for border security costs, potentially amounting to significant sums over time. By implementing a systematic invoicing process within the existing framework of state government operations, the bill could bring about a more predictable flow of funding for Texas's border security initiatives. This may enhance the financial resources available for maintaining security measures, thereby aiming to strengthen overall border control efforts. Furthermore, the ability to recoup such expenditures from the federal level may mitigate some of the financial burdens faced by the state in its border security commitments.

Summary

House Bill 104 proposes a structured approach for the state of Texas to recover expenditures related to border security from the federal government. The legislation requires the state comptroller to assess the funds spent on border security during the previous fiscal biennium and subsequently submit an invoice to the federal government for reimbursement. The billing process delineated in the bill establishes specific timelines for determining expenses and submitting invoices, ensuring that funds can be recovered in a timely manner. If the federal government does not pay the invoice by the set due date, the bill grants the attorney general the authority to initiate legal action to recover the amount due.

Sentiment

Overall, discussions surrounding HB 104 reflect a generally positive sentiment among supporters who argue that it represents a necessary step in ensuring that Texas can recoup its expenditures related to border security. Proponents believe that taxpayers should not bear the financial burden of costs associated with federal responsibilities. However, some critics express concerns over the approach, cautioning that this could create an expectation of federal funding that might not materialize or be met promptly, leading to potential budgetary shortfalls for state operations.

Contention

Notable points of contention include the feasibility and efficacy of pursuing reimbursement from the federal government, as past experiences may raise questions about whether such efforts would yield the desired financial return. Furthermore, the bill sets a cap of $20 billion on recoverable expenses, which may be contentious in discussions about actual spending levels and future budgeting for border security. This limit could potentially lead to disputes regarding unmet funding needs, especially in light of evolving challenges at the U.S.-Mexico border. Therefore, underlying debates also focus on the broader implications of federal-state fiscal relationships in managing border security resources.

Texas Constitutional Statutes Affected

Government Code

• Chapter 403. Comptroller Of Public Accounts
  • Section: New Section