Texas 2023 - 88th 4th C.S.

Texas House Bill HB104 Compare Versions

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1	1	88S40272 CJC-D
2	2	By: Raymond H.B. No. 104
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the recovery by this state from the federal government
8	8	of certain border security expenditures.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 403, Government Code, is
11	11	amended by adding Section 403.0123 to read as follows:
12	12	Sec. 403.0123. RECOVERY OF CERTAIN BORDER SECURITY
13	13	EXPENDITURES. (a) The comptroller shall, not later than the 30th
14	14	day after the beginning of each state fiscal biennium:
15	15	(1) determine the amount of money spent by this state
16	16	on border security during the preceding state fiscal biennium;
17	17	(2) prepare an invoice requesting payment of the
18	18	amount determined under Subdivision (1); and
19	19	(3) submit the invoice prepared under Subdivision (2)
20	20	to the appropriate agency of the federal government for payment.
21	21	(b) The comptroller may request the assistance of the
22	22	Legislative Budget Board in making the determination required under
23	23	Subsection (a)(1), and the Legislative Budget Board shall provide
24	24	the requested assistance.
25	25	(c) An invoice submitted under Subsection (a)(3) must
26	26	include the date the invoice is due, which must be at least six, but
27	27	not more than eight, months after the date the invoice is submitted.
28	28	(d) If an invoice submitted under Subsection (a)(3) is paid
29	29	on or before the date the invoice is due, the comptroller shall
30	30	deposit the payment in the state treasury to the credit of the
31	31	general revenue fund.
32	32	(e) If an invoice submitted under Subsection (a)(3) is not
33	33	timely paid, the comptroller shall certify the amount due as stated
34	34	on the invoice to the attorney general, who shall bring an action
35	35	against the appropriate agency of the federal government to recover
36	36	the amount due as certified by the comptroller.
37	37	(f) The comptroller shall deposit any money received as a
38	38	result of an action brought under Subsection (e) in the state
39	39	treasury to the credit of the general revenue fund.
40	40	(g) Notwithstanding any provision of Subsection (a) to the
41	41	contrary, for the state fiscal biennium ending August 31, 2023:
42	42	(1) the comptroller shall take the actions described
43	43	by Subsection (a) not later than March 1, 2024; and
44	44	(2) for purposes of Subsection (a)(1), the comptroller
45	45	shall determine the amount of money spent by this state on border
46	46	security to be the lesser of:
47	47	(A) the amount of money spent by this state for
48	48	that purpose during the period beginning September 1, 2001, and
49	49	ending August 31, 2023; or
50	50	(B) $20 billion.
51	51	(h) Subsection (g) and this subsection expire August 31,
52	52	2025.
53	53	SECTION 2. This Act takes effect immediately if it receives
54	54	a vote of two-thirds of all the members elected to each house, as
55	55	provided by Section 39, Article III, Texas Constitution. If this
56	56	Act does not receive the vote necessary for immediate effect, this
57	57	Act takes effect on the 91st day after the last day of the
58	58	legislative session.