Texas 2023 - 88th 4th C.S.

Texas House Bill HB13 Compare Versions

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1	1	By: Guillen H.B. No. 13
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 the Texas Homeland Security Division and the Border
9	9	Security Advisory Council, and to compensate persons affected by
10	10	those threats.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. LEGISLATIVE FINDING
13	13	SECTION 1.01. (a) The legislature, acting with the
14	14	governor, has the solemn duty to protect and defend the citizens of
15	15	this state and maintain sovereignty over this state's borders.
16	16	(b) An individual entering this state from a foreign country
17	17	shall enter through a legal port of entry.
18	18	(c) The failure of the federal government to ensure that
19	19	individuals entering this state from a foreign country do so
20	20	through a legal port of entry requires action to be taken by the
21	21	governor and the legislature of this state.
22	22	ARTICLE 2. TEXAS HOMELAND SECURITY DIVISION
23	23	SECTION 2.01. Article 2.12, Code of Criminal Procedure, as
24	24	amended by Chapters 624 (H.B. 4372), 870 (H.B. 3981), 950 (S.B.
25	25	1727), and 984 (S.B. 2612), Acts of the 88th Legislature, Regular
26	26	Session, 2023, is reenacted and amended to read as follows:
27	27	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
28	28	officers:
29	29	(1) sheriffs, their deputies, and those reserve
30	30	deputies who hold a permanent peace officer license issued under
31	31	Chapter 1701, Occupations Code;
32	32	(2) constables, deputy constables, and those reserve
33	33	deputy constables who hold a permanent peace officer license issued
34	34	under Chapter 1701, Occupations Code;
35	35	(3) marshals or police officers of an incorporated
36	36	city, town, or village, and those reserve municipal police officers
37	37	who hold a permanent peace officer license issued under Chapter
38	38	1701, Occupations Code;
39	39	(4) rangers, officers, and members of the reserve
40	40	officer corps commissioned by the Public Safety Commission and the
41	41	Director of the Department of Public Safety;
42	42	(5) investigators of the district attorneys', criminal
43	43	district attorneys', and county attorneys' offices;
44	44	(6) law enforcement agents of the Texas Alcoholic
45	45	Beverage Commission;
46	46	(7) each member of an arson investigating unit
47	47	commissioned by a city, a county, or the state;
48	48	(8) officers commissioned under Section 37.081 or
49	49	37.0818, Education Code, or Subchapter E, Chapter 51, Education
50	50	Code;
51	51	(9) officers commissioned by the General Services
52	52	Commission;
53	53	(10) law enforcement officers commissioned by the
54	54	Parks and Wildlife Commission;
55	55	(11) officers commissioned under Chapter 23,
56	56	Transportation Code;
57	57	(12) municipal park and recreational patrolmen and
58	58	security officers;
59	59	(13) security officers and investigators commissioned
60	60	as peace officers by the comptroller;
61	61	(14) officers commissioned by a water control and
62	62	improvement district under Section 49.216, Water Code;
63	63	(15) officers commissioned by a board of trustees
64	64	under Chapter 54, Transportation Code;
65	65	(16) investigators commissioned by the Texas Medical
66	66	Board;
67	67	(17) officers commissioned by:
68	68	(A) the board of managers of the Dallas County
69	69	Hospital District, the Tarrant County Hospital District, the Bexar
70	70	County Hospital District, or the El Paso County Hospital District
71	71	under Section 281.057, Health and Safety Code;
72	72	(B) the board of directors of the Ector County
73	73	Hospital District under Section 1024.117, Special District Local
74	74	Laws Code;
75	75	(C) the board of directors of the Midland County
76	76	Hospital District of Midland County, Texas, under Section 1061.121,
77	77	Special District Local Laws Code; and
78	78	(D) the board of hospital managers of the Lubbock
79	79	County Hospital District of Lubbock County, Texas, under Section
80	80	1053.113, Special District Local Laws Code;
81	81	(18) county park rangers commissioned under
82	82	Subchapter E, Chapter 351, Local Government Code;
83	83	(19) investigators employed by the Texas Racing
84	84	Commission;
85	85	(20) officers commissioned under Chapter 554,
86	86	Occupations Code;
87	87	(21) officers commissioned by the governing body of a
88	88	metropolitan rapid transit authority under Section 451.108,
89	89	Transportation Code, or by a regional transportation authority
90	90	under Section 452.110, Transportation Code;
91	91	(22) investigators commissioned by the attorney
92	92	general under Section 402.009, Government Code;
93	93	(23) security officers and investigators commissioned
94	94	as peace officers under Chapter 466, Government Code;
95	95	(24) officers appointed by an appellate court under
96	96	Subchapter F, Chapter 53, Government Code;
97	97	(25) officers commissioned by the state fire marshal
98	98	under Chapter 417, Government Code;
99	99	(26) an investigator commissioned by the commissioner
100	100	of insurance under Section 701.104, Insurance Code;
101	101	(27) officers appointed by the inspector general of
102	102	the Texas Juvenile Justice Department under Section 242.102, Human
103	103	Resources Code;
104	104	(28) officers appointed by the inspector general of
105	105	the Texas Department of Criminal Justice under Section 493.019,
106	106	Government Code;
107	107	(29) investigators commissioned by the Texas
108	108	Commission on Law Enforcement under Section 1701.160, Occupations
109	109	Code;
110	110	(30) commission investigators commissioned by the
111	111	Texas Private Security Board under Section 1702.061, Occupations
112	112	Code;
113	113	(31) the fire marshal and any officers, inspectors, or
114	114	investigators commissioned by an emergency services district under
115	115	Chapter 775, Health and Safety Code;
116	116	(32) officers commissioned by the State Board of
117	117	Dental Examiners under Section 254.013, Occupations Code, subject
118	118	to the limitations imposed by that section;
119	119	(33) the fire marshal and any related officers,
120	120	inspectors, or investigators commissioned by a county under
121	121	Subchapter B, Chapter 352, Local Government Code;
122	122	(34) [(35)] fire marshals and any related officers,
123	123	inspectors, or investigators of a municipality who hold a permanent
124	124	peace officer license issued under Chapter 1701, Occupations Code;
125	125	[and]
126	126	(35) Alamo complex rangers commissioned by the General
127	127	Land Office under Section 31.0515, Natural Resources Code, subject
128	128	to the limitations imposed by that section; and
129	129	(36) officers of the Texas homeland security division
130	130	commissioned by the secretary of homeland security under Section
131	131	426.202, Government Code.
132	132	SECTION 2.02. Subtitle B, Title 4, Government Code, is
133	133	amended by adding Chapter 426 to read as follows:
134	134	CHAPTER 426. TEXAS HOMELAND SECURITY DIVISION
135	135	SUBCHAPTER A. GENERAL PROVISIONS
136	136	Sec. 426.001. DEFINITIONS. In this chapter:
137	137	(1) "Alien" has the meaning assigned by 8 U.S.C.
138	138	Section 1101.
139	139	(2) "Border region" has the meaning assigned by
140	140	Section 772.0071.
141	141	(3) "Division" means the Texas homeland security
142	142	division established under this chapter.
143	143	(4) "Federal agency" means a board, commission,
144	144	department, office, or other agency in the executive branch of the
145	145	federal government.
146	146	(5) "Local government" means a municipality, county,
147	147	special purpose district, or other political subdivision of this
148	148	state.
149	149	(6) "Office" means the office of the governor.
150	150	(7) "Port of entry" means a port of entry described by
151	151	Part 101, Title 19, Code of Federal Regulations (19 C.F.R. Part 101)
152	152	or 22 C.F.R. Section 40.1.
153	153	(8) "Secretary" means the secretary of homeland
154	154	security appointed under this chapter.
155	155	(9) "State agency" means a board, commission,
156	156	department, office, or other agency in the executive branch of
157	157	state government.
158	158	Sec. 426.002. TEXAS HOMELAND SECURITY DIVISION
159	159	ESTABLISHED. The office shall establish the Texas homeland
160	160	security division as a division within the office to provide
161	161	cross-functional expertise to border protection operations and
162	162	improve efficiency and effectiveness of the border protection
163	163	operations of the state agencies and political subdivisions of this
164	164	state.
165	165	Sec. 426.003. SECRETARY OF HOMELAND SECURITY. (a) The
166	166	governor shall appoint a United States citizen to serve as the
167	167	secretary of homeland security. The secretary is the executive
168	168	head of the division and serves until the earlier of:
169	169	(1) September 1, 2031; or
170	170	(2) removal by the governor.
171	171	(b) The secretary may appoint, with the advice and consent
172	172	of the governor, deputy secretaries and assistant secretaries who
173	173	shall perform the duties that the secretary designates. Deputy
174	174	secretaries and assistant secretaries serve until removed by the
175	175	secretary.
176	176	(c) The secretary, deputy secretaries, and assistant
177	177	secretaries are entitled to annual salaries as provided by the
178	178	legislature.
179	179	Sec. 426.004. TERM OF AUTHORIZATION. (a) The division is
180	180	subject to appropriations from the legislature and continues in
181	181	existence until September 1, 2031, unless reauthorized by the
182	182	legislature.
183	183	(b) This chapter expires September 1, 2031.
184	184	Sec. 426.005. HEADQUARTERS; REGIONAL OFFICES. The division
185	185	must be headquartered in the border region. The division may
186	186	establish regional offices along the Texas-Mexico border.
187	187	Sec. 426.006. COOPERATION WITH BORDER PROSECUTION UNIT.
188	188	(a) In this section, "border prosecution unit" means the border
189	189	prosecution unit established under Section 772.052.
190	190	(b) The division shall cooperate with the border
191	191	prosecution unit to carry out the duties of the division and the
192	192	unit.
193	193	(c) The border prosecution unit as needed may assign a
194	194	prosecutor from the unit to the division headquarters or any
195	195	regional office of the division.
196	196	Sec. 426.007. GIFTS, GRANTS, AND DONATIONS. The division
197	197	may accept gifts, grants, and donations from any source, including
198	198	private and nonprofit organizations, for the purpose of
199	199	implementing this chapter.
200	200	Sec. 426.008. FEDERAL, STATE, AND LOCAL COOPERATION. The
201	201	division shall coordinate with any federal agency, any state
202	202	agency, or any local government as necessary to carry out the duties
203	203	of the division.
204	204	Sec. 426.009. NO LIMITATION ON DIVISION AUTHORITY BY LOCAL
205	205	GOVERNMENTS. A local government may not by any means limit the
206	206	jurisdiction or authority of the division.
207	207	SUBCHAPTER B. CONSOLIDATION OF BORDER OPERATIONS
208	208	Sec. 426.051. CONSOLIDATION OF STATE AGENCY BORDER
209	209	OPERATIONS. (a) The secretary shall identify resources the
210	210	division needs to conduct border protection operations, including
211	211	personnel, equipment, and facilities owned or controlled by state
212	212	agencies that conduct border protection operations under Operation
213	213	Lone Star. The secretary may identify any resources dedicated to
214	214	border security that are owned or controlled by:
215	215	(1) the office of the attorney general;
216	216	(2) the Department of Public Safety;
217	217	(3) the Texas Military Department;
218	218	(4) the Parks and Wildlife Department;
219	219	(5) the Texas Alcoholic Beverage Commission;
220	220	(6) the Texas Department of Criminal Justice;
221	221	(7) the Texas Commission on Jail Standards;
222	222	(8) the Texas Commission on Law Enforcement;
223	223	(9) the Office of Court Administration of the Texas
224	224	Judicial System;
225	225	(10) the Department of State Health Services;
226	226	(11) the Texas Department of Motor Vehicles;
227	227	(12) the Texas Division of Emergency Management;
228	228	(13) the State Soil and Water Conservation Board; and
229	229	(14) any other state agency designated by the
230	230	governor.
231	231	(b) Each state agency that owns or controls resources
232	232	identified under Subsection (a) shall dedicate those resources to
233	233	the division and its duties.
234	234	Sec. 426.052. REIMBURSEMENT FOR STATE USE OF LOCAL
235	235	GOVERNMENT RESOURCES. (a) The secretary shall identify resources
236	236	the division needs to conduct border protection operations,
237	237	including personnel, equipment, and facilities owned or controlled
238	238	by local governments that conduct border protection operations
239	239	along the Texas-Mexico border.
240	240	(b) A local government that owns or controls resources
241	241	identified under Subsection (a) may by written agreement with the
242	242	division dedicate those resources to the division and its duties.
243	243	(c) A local government that dedicates resources to the
244	244	division under this section is entitled to reimbursement for the
245	245	use of those resources as provided by the written agreement under
246	246	Subsection (b) and the General Appropriations Act.
247	247	Sec. 426.053. EMPLOYMENT OF DEDICATED PERSONNEL;
248	248	COOPERATIVE WORK. (a) A person who is dedicated to the division
249	249	under Section 426.051 or 426.052 remains an employee of the
250	250	assigning state agency or local government but the person may be
251	251	assigned duties by the secretary.
252	252	(b) A person who is dedicated to the division shall work
253	253	cooperatively with employees of the division and other persons
254	254	dedicated to the division under the guidance of the secretary to
255	255	achieve effectiveness in efforts by state agencies and local
256	256	governments to enforce the law in the border region.
257	257	Sec. 426.054. AUTHORITY OF DEDICATED PERSONNEL. (a) A
258	258	person dedicated to the division and its duties under Section
259	259	426.051 or 426.052 retains the authority of the office held by the
260	260	person with the dedicating state agency or local government and may
261	261	exercise any powers granted to the division under this chapter with
262	262	the approval of the secretary.
263	263	(b) The secretary, with the approval of the governor, may
264	264	assign the person additional duties consistent with the duties of
265	265	the division under this chapter.
266	266	(c) Notwithstanding any other provision of this chapter, a
267	267	person dedicated to the division may not be granted any powers or
268	268	authority that exceeds the powers or authority granted by other law
269	269	to the office held by the person with the dedicating state agency or
270	270	local government.
271	271	Sec. 426.055. USE OF DEDICATED PROPERTY. Any property,
272	272	including equipment or facilities, dedicated to the division and
273	273	its duties under Section 426.051 or 426.052 may be used for the
274	274	purposes of the dedicating state agency or local government or the
275	275	purposes of the division.
276	276	SUBCHAPTER C. POWERS AND DUTIES
277	277	Sec. 426.101. GENERAL POWERS AND DUTIES OF DIVISION AND
278	278	SECRETARY. (a) The secretary shall:
279	279	(1) be directly responsible to the governor for all
280	280	conduct of the division;
281	281	(2) act as the chief administrative officer of the
282	282	division;
283	283	(3) act with the Border Security Advisory Council in
284	284	an advisory capacity, without vote;
285	285	(4) formulate plans and policies for the protection of
286	286	the citizens of this state in the Texas-Mexico border region,
287	287	including the air, maritime, and land borders of this state;
288	288	(5) organize the division and supervise its operation;
289	289	(6) maintain records of all division proceedings and
290	290	official orders;
291	291	(7) adopt rules and policies, subject to the
292	292	governor's approval, considered necessary for the control and
293	293	general administration of the division, including rules governing
294	294	the procurement of facilities and equipment for the division and
295	295	the training and working conditions for division personnel;
296	296	(8) issue commissions as peace officers, under the
297	297	governor's direction, to members of the division;
298	298	(9) create as necessary, with the advice and consent
299	299	of the governor, operational or administrative entities within the
300	300	division and appoint heads of those entities;
301	301	(10) employ as necessary commissioned officers and
302	302	other employees to perform division operations and functions;
303	303	(11) quarterly, annually, biennially, and any other
304	304	time on the governor's request submit to the governor and the Border
305	305	Security Advisory Council detailed reports of the operation of the
306	306	division, including statements of its expenditures; and
307	307	(12) prepare, swear to, submit to the governor, and
308	308	file in the division's records a quarterly statement containing an
309	309	itemized list of all money received and its source and all money
310	310	spent and the purposes for which it was spent.
311	311	(b) The secretary or secretary's designee shall provide to
312	312	the governor and to employees of the division, as often as
313	313	necessary, information regarding the requirements for office or
314	314	employment under this chapter, including information regarding a
315	315	person's responsibilities under applicable law relating to
316	316	standards of conduct for state officers or employees.
317	317	Sec. 426.102. BORDER OPERATIONS. The division may conduct
318	318	border security operations along the Texas-Mexico border,
319	319	including:
320	320	(1) law enforcement operations;
321	321	(2) intelligence gathering, analysis, and
322	322	dissemination;
323	323	(3) surveillance and detection of criminal activity,
324	324	including improper entry of individuals from foreign nations and
325	325	the smuggling of individuals and controlled substances, using
326	326	cameras, unmanned aircraft, and other technologies;
327	327	(4) coordination of local, state, and federal agencies
328	328	conducting border security operations, including tactical
329	329	operations such as special response teams, brush teams, and special
330	330	weapons and tactics teams;
331	331	(5) coordination and command of state agencies in
332	332	border security operations led by the division;
333	333	(6) training and education programs for the
334	334	professional development of employees and agency partners carrying
335	335	out border security operations; and
336	336	(7) assisting local law enforcement with the
337	337	investigation of crime.
338	338	Sec. 426.103. LAW ENFORCEMENT BORDER PROTECTION FUNCTIONS.
339	339	The secretary may order commissioned officers under the secretary's
340	340	authority to take, and the commissioned officers may take, the
341	341	following actions to the extent consistent with the United States
342	342	and Texas Constitutions:
343	343	(1) deter and repel persons attempting to enter this
344	344	state unlawfully at locations other than ports of entry;
345	345	(2) remove illegal aliens from this state who:
346	346	(A) have been observed actually crossing the
347	347	Texas-Mexico border unlawfully; and
348	348	(B) were apprehended, detained, or arrested in
349	349	the vicinity of the Texas-Mexico border; and
350	350	(3) enhance the examination of aircraft, ships,
351	351	vehicles, railcars, and cargo at or near ports of entry for the
352	352	purposes of interdicting fentanyl and other dangerous drugs and
353	353	interdicting human smuggling.
354	354	Sec. 426.104. PURCHASE, DEPLOYMENT, AND MAINTENANCE OF
355	355	CERTAIN TECHNOLOGY AND EQUIPMENT. (a) The division, at the request
356	356	of the governor, shall purchase, deploy, and maintain technology
357	357	and equipment to enhance the division's ability to detect and
358	358	suppress criminal activity along the Texas-Mexico border,
359	359	including:
360	360	(1) temporary border security infrastructure,
361	361	including temporary barriers, buoys, fences, wires, roads,
362	362	trenches, surveillance technology, real time multimedia
363	363	interoperability technology, or other improvements, designed or
364	364	adapted to detect, surveil, impede, or interdict the movement of
365	365	persons or objects across the Texas-Mexico border at locations
366	366	other than ports of entry;
367	367	(2) surveillance and detection technology to be
368	368	deployed at and near each port of entry along the Texas-Mexico
369	369	border to detect and deter the improper entry of individuals from
370	370	foreign nations and the smuggling of individuals and controlled
371	371	substances, such as fentanyl, cocaine, heroin, and
372	372	methamphetamine; and
373	373	(3) facilities, equipment, and services to remove
374	374	illegal immigrants from this state.
375	375	(b) The Homeland Security Division shall staff a sufficient
376	376	number of commercial vehicle inspectors to inspect vehicles using
377	377	technology described by Subsections (a)(1) and (a)(2) without
378	378	impeding the efficient flow of trade.
379	379	Sec. 426.105. OPERATIONAL PLAN TO COORDINATE BORDER
380	380	PROTECTION. (a) The secretary or the secretary's designee shall
381	381	develop and recommend to the governor, the legislature, and the
382	382	Border Security Advisory Council a strategic plan that establishes
383	383	the framework for the budgeting and operations of the division,
384	384	including homeland security strategies, to be administered by the
385	385	division and state agencies that provide assistance to the
386	386	division.
387	387	(b) The strategic plan under Subsection (a) must include:
388	388	(1) goals and performance measures that involve
389	389	collaboration with other state agencies and local governments; and
390	390	(2) an evaluation of 8 U.S.C. Section 1325(a) and
391	391	other federal laws relating to the requirement that the admission
392	392	of aliens into the United States occur only at ports of entry.
393	393	(c) The secretary shall annually report to the governor, the
394	394	legislature, and the Border Security Advisory Council on the
395	395	implementation of the strategic plan.
396	396	Sec. 426.106. ADVISORY COUNCIL ON BORDER PROTECTION
397	397	TECHNOLOGY AND EQUIPMENT; STRATEGIC PLAN. (a) In this section,
398	398	"advisory council" means the advisory council on border protection
399	399	technology and equipment established under Subsection (b).
400	400	(b) The advisory council on border protection technology
401	401	and equipment is established within the division.
402	402	(c) The secretary shall determine the membership of the
403	403	advisory council. In determining the membership of the council
404	404	under this subsection, the secretary shall consider potential
405	405	members with expertise in domestic and international strategies
406	406	relating to border protection technology and equipment, including
407	407	members from local, state, and federal law enforcement, research
408	408	organizations, and private industry.
409	409	(d) The advisory council shall develop and recommend to the
410	410	governor, the legislature, and the Border Security Advisory Council
411	411	a strategic plan that includes a framework for budgeting for and the
412	412	procurement, implementation, and operation of border protection
413	413	technology and equipment for state agencies and local governments
414	414	and for other factors relating to border security.
415	415	(e) The strategic plan under Subsection (d) must include:
416	416	(1) goals and performance measures relating to border
417	417	protection that promote collaboration and the interoperability of
418	418	state agencies and local governments;
419	419	(2) an evaluation of the relationship between
420	420	financial efficiency and operative effectiveness for different
421	421	types of border protection technology and equipment; and
422	422	(3) an evaluation of 8 U.S.C. Section 1325(a) and any
423	423	other applicable federal laws relating to the requirement that an
424	424	alien may only be admitted to the United States at a port of entry.
425	425	(f) At least twice each calendar year, the council shall
426	426	update the strategic plan under Subsection (d) and report the
427	427	governor, the legislature, and the Border Security Advisory Council
428	428	on the recommendations of the strategic plan.
429	429	Sec. 426.107. TECHNOLOGY POLICY; REVIEW. (a) The office
430	430	shall implement a policy requiring the division to use appropriate
431	431	technological solutions to improve the division's ability to
432	432	perform its functions. The policy must ensure that the division's
433	433	capability to conduct border security operations and similar
434	434	functions is not impeded by the use of obsolete or outdated
435	435	technologies.
436	436	(b) The office shall periodically review, based on the
437	437	recommendations of the advisory council on border protection
438	438	technology and equipment, emerging technologies that may be
439	439	deployed for border security operations, including technologies
440	440	and equipment described by Section 426.104(a)(1), (a)(2), and
441	441	(a)(3), to ensure the division consistently adopts innovative
442	442	technologies and solutions for those operations.
443	443	(c) The office shall hold an annual technology fair at which
444	444	vendors of emerging technologies and equipment that may be used for
445	445	border protection demonstrate the capabilities of the products.
446	446	(d) The inaugural event required under Subsection (c) must
447	447	be held no later than September 1, 2024.
448	448	SUBCHAPTER D. HIRING, STAFFING, AND TRAINING; AUTHORITY OF
449	449	OFFICERS AND OTHER EMPLOYEES
450	450	Sec. 426.201. REGIONAL COMMANDERS. The secretary, with the
451	451	approval of the governor, may appoint regional commanders to
452	452	oversee the regional offices authorized by Section 426.005.
453	453	Sec. 426.202. OFFICERS AND OTHER EMPLOYEES. (a) The
454	454	secretary may commission, with the approval of the governor,
455	455	officers of the division as peace officers.
456	456	(b) The secretary may hire any employees as necessary to
457	457	carry out the duties of the division, including noncommissioned
458	458	officers.
459	459	(c) Officers of the division are entitled to compensation as
460	460	provided by the legislature and must be recruited and trained
461	461	within the border region to the extent practicable.
462	462	(d) Subject to the provisions of this chapter, the secretary
463	463	may appoint, promote, reduce, suspend, or discharge any officer or
464	464	employee of the division.
465	465	(e) Notwithstanding any other provision of this chapter,
466	466	each officer commissioned or hired by the secretary under this
467	467	section is subject to a one-year probationary period, regardless of
468	468	the officer's rank or salary classification.
469	469	Sec. 426.203. HIRING OFFICERS WITH PREVIOUS BORDER PATROL,
470	470	TEXAS DEPARTMENT OF PUBLIC SAFETY, OR MILITARY EXPERIENCE.
471	471	Notwithstanding any other provision of law, the division may, at
472	472	the time an officer is hired for the division, elect to credit up to
473	473	four years of experience as a Border Patrol Agent of the United
474	474	States Customs and Border Protection, or as an Officer of the Texas
475	475	Department of Public Safety, or a member of the armed forces of the
476	476	United States for the purpose of calculating the officer's salary
477	477	under Section 426.202(c).
478	478	Sec. 426.204. QUALIFICATIONS. (a) To be a commissioned
479	479	officer of the division, a person must hold a peace officer license
480	480	issued under Chapter 1701, Occupations Code, and meet any other
481	481	qualifications set by the secretary.
482	482	(b) To be a noncommissioned officer of the division, a
483	483	person must meet the qualifications set by the secretary by rule.
484	484	(c) The secretary may provide by rule for the qualifications
485	485	of any other employees of the division.
486	486	(d) The secretary may not employ an officer or other
487	487	employee if the officer or other employee:
488	488	(1) has been convicted of a violent offense; or
489	489	(2) has been dishonorably discharged from the armed
490	490	forces of the United States or the Texas military forces as shown by
491	491	the service member's release or discharge documentation.
492	492	(e) For purposes of Subsection (d):
493	493	(1) "Texas military forces" has the meaning assigned
494	494	by Section 437.001.
495	495	(2) "Violent offense" means an offense under the law
496	496	of any state that has as an element the use, attempted use, or
497	497	threatened use of physical force against any person.
498	498	(f) The division is an equal employment opportunity
499	499	employer and may not discriminate against or give preferential
500	500	treatment to any employee or job applicant on account of the
501	501	individual's race, color, sex, national origin, or religion.
502	502	Sec. 426.205. TRAINING. (a) The division shall acquire
503	503	equipment and facilities and conduct training necessary to carry
504	504	out the operational, intelligence, communication, logistics, and
505	505	administrative duties of the division provided by this chapter or
506	506	the secretary. The division shall conduct the training in the
507	507	border region.
508	508	(b) The division shall expand programs for training
509	509	officers to serve as members of a brush team.
510	510	Sec. 426.206. AUTHORITY OF OFFICERS. (a) A commissioned
511	511	officer of the division is governed by the law regulating and
512	512	defining the powers and duties of sheriffs performing similar
513	513	duties, except that the officer may make arrests and execute
514	514	processes in a criminal case in any county in this state.
515	515	(b) A commissioned officer of the division may, to the
516	516	extent consistent with the United States and Texas Constitutions,
517	517	arrest, apprehend, or detain persons crossing the Texas-Mexico
518	518	border unlawfully, and deter persons attempting to cross the border
519	519	unlawfully, up to with the use of non-deadly crowd control
520	520	measures.
521	521	Sec. 426.207. USE OF PERSONAL VEHICLE PROHIBITED.
522	522	Notwithstanding any other provision of this chapter, an officer or
523	523	other employee of the division may not use the officer's or
524	524	employee's personal vehicle to conduct a traffic stop for any
525	525	purpose related to the officer's or employee's duties.
526	526	SUBCHAPTER E. OFFICE OF AUDIT AND REVIEW; OFFICE OF INSPECTOR
527	527	GENERAL
528	528	Sec. 426.251. OFFICE OF AUDIT AND REVIEW FOR DIVISION. (a)
529	529	The governor shall establish the office of audit and review within
530	530	the division and appoint a director to perform the duties under this
531	531	section. The director of the office of audit and review of the
532	532	division shall serve until removed by the governor.
533	533	(b) The director of the office of audit and review must
534	534	satisfy the requirements to be the division's internal auditor
535	535	under Section 2102.006(b) and is considered to be the division's
536	536	internal auditor for purposes of Chapter 2102.
537	537	(c) The office of audit and review shall coordinate
538	538	activities designed to promote effectiveness in the division's
539	539	operations and to keep the governor and the legislature fully
540	540	informed about deficiencies within the division. The office of
541	541	audit and review shall:
542	542	(1) inspect and audit division programs and operations
543	543	for efficiency, uniformity, and compliance with established
544	544	procedures and develop recommendations for improvement;
545	545	(2) coordinate and be responsible for promoting
546	546	accountability, integrity, and efficiency in the division; and
547	547	(3) provide the governor with information relevant to
548	548	its oversight of the division.
549	549	(d) The division shall provide the director of the office of
550	550	audit and review with access to any records, data, or other
551	551	information necessary to fulfill the purposes of this section.
552	552	(e) The director of the office of audit and review shall,
553	553	with the advice and consent of the governor, determine which audits
554	554	and inspections to perform and may publish the findings and
555	555	recommendations of the office of audit and review.
556	556	(f) The director of the office of audit and review shall:
557	557	(1) report to the governor regarding audits and
558	558	inspections planned and the status and findings of those audits and
559	559	inspections; and
560	560	(2) report to the secretary for administrative
561	561	purposes and keep the secretary informed of any findings of the
562	562	office of audit and review.
563	563	(g) The office of audit and review shall:
564	564	(1) independently and objectively inspect the
565	565	division to:
566	566	(A) ensure that operations are conducted
567	567	efficiently, uniformly, and in compliance with established
568	568	procedures; and
569	569	(B) make recommendations for improvements in
570	570	operational performance;
571	571	(2) independently and objectively audit the division
572	572	to:
573	573	(A) promote economy, effectiveness, and
574	574	efficiency within the division;
575	575	(B) prevent and detect fraud, waste, and abuse in
576	576	division programs and operations; and
577	577	(C) make recommendations about the adequacy and
578	578	effectiveness of the division's system of internal control policies
579	579	and procedures;
580	580	(3) advise in the development and evaluation of the
581	581	division's performance measures;
582	582	(4) review actions taken by the division to improve
583	583	program performance and make recommendations for improvement;
584	584	(5) review and make recommendations to the governor
585	585	and the legislature regarding rules, laws, and guidelines relating
586	586	to division programs and operations;
587	587	(6) keep the governor, secretary, and legislature
588	588	fully informed of problems in division programs and operations; and
589	589	(7) ensure effective coordination and cooperation
590	590	among the state auditor's office, legislative oversight
591	591	committees, and other governmental bodies while attempting to avoid
592	592	duplication.
593	593	(h) Chapter 2102 applies to the office of audit and review.
594	594	Sec. 426.252. INSPECTOR GENERAL FOR DIVISION. (a) The
595	595	governor shall establish the office of the inspector general within
596	596	the division and appoint the inspector general of the division. The
597	597	inspector general of the division shall serve until removed by the
598	598	governor.
599	599	(b) The inspector general of the division is responsible
600	600	for:
601	601	(1) preparing and delivering assessments concerning
602	602	the administration of the division to the governor, the
603	603	legislature, and the secretary;
604	604	(2) acting to prevent and detect serious breaches of
605	605	division policy, fraud, and abuse of office, including any acts of
606	606	criminal conduct within the division; and
607	607	(3) independently and objectively reviewing,
608	608	investigating, delegating, and overseeing the investigation of:
609	609	(A) conduct described by Subdivision (2);
610	610	(B) criminal activity occurring within the
611	611	division;
612	612	(C) allegations of wrongdoing by division
613	613	employees;
614	614	(D) crimes committed on division property; and
615	615	(E) serious breaches of division policy.
616	616	(c) The inspector general of the division shall report
617	617	directly to the governor regarding performance of and activities
618	618	related to investigations and provide the secretary with
619	619	information regarding investigations as appropriate.
620	620	(d) The inspector general of the division shall regularly
621	621	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 2.03. Chapter 820, Government Code, is amended by
628	628	adding Subchapter A-3 to read as follows:
629	629	SUBCHAPTER A-3. MILITARY SERVICE CREDIT FOR CERTAIN MEMBERS HIRED
630	630	BY TEXAS HOMELAND SECURITY DIVISION
631	631	Sec. 820.041. CERTAIN MILITARY SERVICE CREDIT WITHOUT
632	632	PURCHASE. (a) A cash balance group member hired by the office of
633	633	the governor for the Texas homeland security division under Chapter
634	634	426 who served active federal duty in the armed forces of the United
635	635	States and obtains a peace officer license issued under Chapter
636	636	1701, Occupations Code, while employed with the division may
637	637	establish military service credit not to exceed six months in the
638	638	retirement system for the purposes described by Subsection (c) by
639	639	submitting a request to the system in a form and manner prescribed
640	640	by the system.
641	641	(b) The retirement system shall grant the military service
642	642	credit of a member who submits a request as provided by Subsection
643	643	(a) after the system verifies that the member is a cash balance
644	644	group member and served the military service required by that
645	645	subsection.
646	646	(c) Military service credit established under this section
647	647	may be used only to determine whether the cash balance group member
648	648	is eligible to retire and receive a cash balance annuity under this
649	649	chapter. The service credit does not affect eligibility for any
650	650	other purpose, including for purposes of determining eligibility to
651	651	participate in the group benefits program established under Chapter
652	652	1551, Insurance Code.
653	653	SECTION 2.04. Subchapter C, Chapter 2155, Government Code,
654	654	is amended by adding Section 2155.151 to read as follows:
655	655	Sec. 2155.151. CERTAIN PURCHASES BY OFFICE OF THE GOVERNOR
656	656	(a) The office of the governor is delegated all purchasing
657	657	functions relating to the purchase of technologies and equipment
658	658	for use by the Texas homeland security division in border security
659	659	operations, including technology and equipment described by
660	660	Section 426.104, to ensure the division consistently adopts
661	661	innovative technologies and solutions for 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 and operational utility to the office. The
665	665	office of the governor shall consider the best value standards
666	666	listed in Section 2155.074 and Section 2155.067.
667	667	(c) At the request of the office of the governor, the
668	668	comptroller or the Department of Information Resources, as
669	669	appropriate, shall procure goods and services described by
670	670	Subsection (a) for the office. The office of the governor may use
671	671	the services of the comptroller or the Department of Information
672	672	Resources in procuring goods and services described by Subsection
673	673	(a).
674	674	ARTICLE 3. BORDER PROTECTION PROPERTY DAMAGE PROGRAM
675	675	SECTION 3.01. The heading to Chapter 56C, Code of Criminal
676	676	Procedure, is amended to read as follows:
677	677	CHAPTER 56C. BORDER CRIME [LANDOWNER COMPENSATION FOR] PROPERTY
678	678	DAMAGE COMPENSATION PROGRAM [CAUSED BY CERTAIN CRIMINAL
679	679	ACTIVITIES]
680	680	SECTION 3.02. Article 56C.001, Code of Criminal Procedure,
681	681	is amended by amending Subdivision (2) and adding Subdivision (2-a)
682	682	to read as follows:
683	683	(2) "Border crime" means conduct:
684	684	(A) constituting an offense under:
685	685	(i) Subchapter D, Chapter 481, Health and
686	686	Safety Code;
687	687	(ii) Section 20.05, 20.06, or 38.04, Penal
688	688	Code; or
689	689	(iii) Chapter 20A, Penal Code; and
690	690	(B) involving transnational criminal activity.
691	691	(2-a) "Border region" has the meaning assigned by
692	692	Section 772.0071, Government Code.
693	693	SECTION 3.03. The heading to Article 56C.003, Code of
694	694	Criminal Procedure, is amended to read as follows:
695	695	Art. 56C.003. BORDER CRIME PROPERTY DAMAGE [LANDOWNER]
696	696	COMPENSATION PROGRAM.
697	697	SECTION 3.04. Article 56C.003, Code of Criminal Procedure,
698	698	is amended by amending Subsections (a), (c), and (d) and adding
699	699	Subsection (a-1) to read as follows:
700	700	(a) From the funding sources described by Subsection (a-1)
701	701	[money appropriated for the purpose], the attorney general shall
702	702	establish and administer a program to compensate:
703	703	(1) landowners who suffer real property damage on
704	704	agricultural land caused by:
705	705	(A) [(1)] a trespasser as a result of an offense
706	706	under Chapter 28, Penal Code, that was committed in the course of or
707	707	in furtherance of a border crime; or
708	708	(B) [(2)] a law enforcement response to a
709	709	trespasser who was engaged in a border crime; and
710	710	(2) persons residing in the border region who suffer
711	711	real or personal property damage caused by a person described by
712	712	Subdivision (1)(A) or (B).
713	713	(a-1) The attorney general may use money from the following
714	714	sources to establish the program described by Subsection (a):
715	715	(1) money appropriated, credited, or transferred by
716	716	the legislature for purposes of the program;
717	717	(2) revenue that the legislature by statute dedicates
718	718	for deposit to the credit of the program;
719	719	(3) investment earnings and interest earned on money
720	720	held for purposes of administering the program;
721	721	(4) gifts, grants, and donations received by the state
722	722	for purposes of the program;
723	723	(5) grants and reimbursements by the federal
724	724	government; and
725	725	(6) proceeds received under Article 59.06(v).
726	726	(c) The attorney general may not award compensation under
727	727	this article for [real] property damage caused by a trespasser
728	728	[described by Subsection (a)(1)] unless the damage is documented in
729	729	a written report by a law enforcement agency as having occurred in
730	730	connection with a border crime.
731	731	(d) In awarding compensation under this article for [real]
732	732	property damage caused by a trespasser [described by Subsection
733	733	(a)(1)], the attorney general may not consider the outcome of any
734	734	criminal prosecution arising out of the offense under Chapter 28,
735	735	Penal Code, as a result of which the applicant suffered property
736	736	damage or the applicable offense listed in Article 56C.001(2)(A).
737	737	SECTION 3.05. Article 56C.006(a), Code of Criminal
738	738	Procedure, is amended to read as follows:
739	739	(a) The program established under Article 56C.003 is a payer
740	740	of last resort for [real] property damage described by that
741	741	article.
742	742	SECTION 3.06. Article 59.06(t)(1), Code of Criminal
743	743	Procedure, is amended to read as follows:
744	744	(t)(1) This subsection applies only to contraband for which
745	745	forfeiture is authorized with respect to an offense under Section
746	746	[20.05, 20.06,] 20.07, 43.04, or 43.05 or Chapter 20A, Penal Code.
747	747	SECTION 3.07. Article 59.06, Code of Criminal Procedure, is
748	748	amended by adding Subsection (v) to read as follows:
749	749	(v) Notwithstanding any other provision of this article,
750	750	with respect to forfeited property seized in connection with an
751	751	offense under Section 20.05 or 20.06, Penal Code, in a proceeding
752	752	under Article 59.05 in which judgment is rendered in favor of the
753	753	state, the attorney representing the state shall transfer the
754	754	proceeds from the sale of the forfeited property under Subsection
755	755	(a) to the comptroller for deposit to the credit of the border crime
756	756	property damage compensation program established under Chapter
757	757	56C.
758	758	SECTION 3.08. Article 56C.007, Code of Criminal Procedure,
759	759	is repealed.
760	760	ARTICLE 4. BORDER SECURITY ADVISORY COUNCIL
761	761	SECTION 4.01. Subchapter B-1, Chapter 421, Government Code,
762	762	is amended by adding Section 421.0425 to read as follows:
763	763	Sec. 421.0425. BORDER SECURITY ADVISORY COUNCIL. (a) The
764	764	Border Security Advisory Council is a permanent special advisory
765	765	committee created to advise the legislature and the governor or the
766	766	governor's designee on homeland security issues impacting the
767	767	security of the Texas-Mexico border and on streamlining statewide
768	768	border security activities and initiatives.
769	769	(b) The council is composed of:
770	770	(1) the chair of the standing substantive committee of
771	771	the senate with primary jurisdiction over border security;
772	772	(2) the chair of the standing substantive committee of
773	773	the house of representatives with primary jurisdiction over border
774	774	security and public safety, if applicable;
775	775	(3) four senators appointed by the lieutenant governor
776	776	who collectively meet the following requirements:
777	777	(A) two senators must represent senatorial
778	778	districts located in the border region; and
779	779	(B) one senator must be the chair of the senate
780	780	standing committee with primary jurisdiction over border security
781	781	issues and public safety, if applicable;
782	782	(4) four members of the house of representatives
783	783	appointed by the speaker of the house of representatives who
784	784	collectively meet the following requirements:
785	785	(A) two representatives must represent house
786	786	districts located in the border region; and
787	787	(B) one representative must be the chair of the
788	788	house standing committee with primary jurisdiction over border
789	789	security issues and public safety, if applicable;
790	790	(5) as nonvoting members, the executive head of or a
791	791	designee from each of the following:
792	792	(A) Department of Public Safety;
793	793	(B) Texas Military Department;
794	794	(C) Texas Division of Emergency Management;
795	795	(D) Parks and Wildlife Department;
796	796	(E) Texas Department of Criminal Justice;
797	797	(F) Office of Court Administration of the Texas
798	798	Judicial System; and
799	799	(G) Texas Alcoholic Beverage Commission;
800	800	(6) as a nonvoting member, the presiding officer of
801	801	the border prosecution unit established under Section 772.052;
802	802	(7) the following nonvoting members appointed by the
803	803	governor or the governor's designee:
804	804	(A) one representative of a county located in the
805	805	border region, other than a sheriff;
806	806	(B) one sheriff of a county located in the border
807	807	region;
808	808	(C) one representative of a municipality located
809	809	in the border region, other than a municipal police chief;
810	810	(D) one police chief of a municipality located in
811	811	the border region; and
812	812	(E) one representative of the business community
813	813	involved in international trade across the Texas-Mexico border; and
814	814	(8) other nonvoting members as determined by the
815	815	governor or the governor's designee.
816	816	(c) The committee chairs described by Subsections (b)(1)
817	817	and (2) are joint chairs of the council.
818	818	(d) A majority of the voting members of the council
819	819	constitutes a quorum to transact business. If a quorum is present,
820	820	the council may act on any matter within the council's jurisdiction
821	821	by a majority vote.
822	822	(e) The council shall meet as often as necessary to perform
823	823	the council's duties. Meetings may be held at any time at the
824	824	request of either chair.
825	825	(f) As an exception to Chapter 551 and other law, for a
826	826	meeting at which both joint chairs of the council are physically
827	827	present, any number of the other council members may attend the
828	828	meeting by use of telephone conference call, video conference call,
829	829	or other similar technology. This subsection applies for purposes
830	830	of establishing a quorum or voting or for any other purpose allowing
831	831	the members to fully participate in any council meeting. This
832	832	subsection applies without regard to the subject or topics
833	833	considered by the members at the meeting.
834	834	(g) A council meeting held by use of telephone conference
835	835	call, video conference call, or other similar technology:
836	836	(1) is subject to the notice requirements applicable
837	837	to other meetings;
838	838	(2) must specify in the notice of the meeting the
839	839	location at which the joint chairs will be physically present;
840	840	(3) must be open to the public and audible to the
841	841	public at the location specified in the notice under Subdivision
842	842	(2); and
843	843	(4) must provide two-way audio communication between
844	844	all council members attending the meeting during the entire
845	845	meeting, and if the two-way audio communication link with any
846	846	member attending the meeting is disrupted at any time, the meeting
847	847	may not continue until the two-way audio communication link is
848	848	reestablished.
849	849	(h) In addition to the duties under Section 421.045, the
850	850	council shall:
851	851	(1) use statistical analyses and other research
852	852	methods to conduct an in-depth examination of border safety
853	853	initiatives and programs in this state that includes:
854	854	(A) an assessment of:
855	855	(i) the efficiency and cost-effectiveness
856	856	of the use of state and local funds in ensuring border safety;
857	857	(ii) any duplication, overlap, and conflict
858	858	between state-run border security programs; and
859	859	(iii) the effectiveness of communication
860	860	and coordination among state, local, and federal agencies
861	861	responsible for or engaged in border security;
862	862	(B) an identification of critical border safety
863	863	problems; and
864	864	(C) a determination of the state's long-range
865	865	border safety needs;
866	866	(2) identify and anticipate challenges and threats to
867	867	agencies' operations along the Texas-Mexico border;
868	868	(3) develop solutions to overcome the challenges and
869	869	threats described by Subdivision (2);
870	870	(4) identify strategic opportunities agencies may use
871	871	to enhance the capabilities and effectiveness of their roles in
872	872	this state's operations along the Texas-Mexico border;
873	873	(5) recommend to the legislature and the governor:
874	874	(A) strategies to solve the problems identified
875	875	under Subdivision (1)(B);
876	876	(B) policy priorities to address the long-range
877	877	needs determined under Subdivision (1)(C); and
878	878	(C) measures based on objective research and
879	879	analysis to help guide state border safety policies;
880	880	(6) advise the legislature and the governor regarding:
881	881	(A) coordinating the goals and responsibilities
882	882	for border security efforts of local and state agencies with
883	883	jurisdiction over border security;
884	884	(B) developing procedures for streamlining
885	885	decision-making of local and state agencies with jurisdiction over
886	886	border security; and
887	887	(C) improving transparency of border security
888	888	operations; and
889	889	(7) advise and assist the legislature and the governor
890	890	in developing plans, programs, and proposed legislation to improve
891	891	the effectiveness of border safety initiatives and programs.
892	892	(i) The council may hire staff or may contract with
893	893	universities or other suitable entities to assist the council in
894	894	carrying out the council's duties. Funding to support the
895	895	operation of the council shall be provided from funds appropriated
896	896	to the Texas Legislative Council.
897	897	(j) Not later than January 1 of each odd-numbered year, the
898	898	council shall submit to the legislature and the governor a report
899	899	that contains the recommendations described by Subsection (h)(5).
900	900	SECTION 4.02. Section 421.044, Government Code, is amended
901	901	to read as follows:
902	902	Sec. 421.044. COMPENSATION AND REIMBURSEMENT OF EXPENSES
903	903	PROHIBITED. (a) A person who is a member of a permanent special
904	904	advisory committee created under this subchapter is not entitled to
905	905	receive:
906	906	(1) compensation from this state for service on the
907	907	committee; or
908	908	(2) except as provided by Subsection (b), travel
909	909	expenses incurred by the person while conducting the business of
910	910	the committee.
911	911	(b) A member of the Border Security Advisory Council created
912	912	under Section 421.0425 is entitled to travel expenses described by
913	913	Subsection (a)(2) as provided by the General Appropriations Act.
914	914	ARTICLE 5. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,
915	915	EQUIPMENT, AND SERVICES IN THE BORDER REGION
916	916	SECTION 5.01. Chapter 421, Government Code, is amended by
917	917	adding Subchapter G to read as follows:
918	918	SUBCHAPTER G. USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY
919	919	Sec. 421.111. DEFINITIONS. In this subchapter:
920	920	(1) "Border region" has the meaning assigned by
921	921	Section 772.0071.
922	922	(2) "Local government" means a municipality or county.
923	923	(3) "Office" means the trusteed programs within the
924	924	office of the governor.
925	925	Sec. 421.112. USE OF CERTAIN FUNDS. From money
926	926	appropriated for that purpose, the office, as authorized by Chapter
927	927	418, including Subchapter D of that chapter, shall make funds
928	928	available to state agencies and local governments for the following
929	929	purposes:
930	930	(1) the construction and maintenance of facilities
931	931	related to prosecuting and adjudicating offenses committed in the
932	932	border region, including court facilities, processing facilities,
933	933	detention facilities for persons who are at least 10 years old
934	934	regardless of gender, criminal justice centers, and other similar
935	935	facilities;
936	936	(2) the payment of staff salaries and benefits and the
937	937	payment of operational expenses related to providing law
938	938	enforcement services;
939	939	(3) the purchase or maintenance of equipment related
940	940	to providing public health and safety services in the border
941	941	region, including law enforcement services, communication
942	942	services, and emergency services, to enhance the safety and
943	943	security of the citizens of this state;
944	944	(4) the construction and maintenance of temporary
945	945	border security infrastructure, including temporary barriers,
946	946	bouys, fences, wires, roads, trenches, surveillance technology,
947	947	real time multimedia interoperability technology, or other
948	948	improvements, designed or adapted to detect, surveil, impede, or
949	949	interdict the movement of persons or objects across the
950	950	Texas-Mexico border at locations other than ports of entry; and
951	951	(5) the construction or improvement of roadways and
952	952	similar transportation facilities in the border region that provide
953	953	for detailed monitoring of commercial motor vehicles traveling
954	954	along the roadways and facilities in any direction within 30 miles
955	955	of a port of entry.
956	956	Sec. 421.113. FEDERAL FUNDS; GIFTS, GRANTS, AND DONATIONS.
957	957	In addition to funds appropriated by the legislature and for the
958	958	purposes of this subchapter, the office may:
959	959	(1) seek and apply for any available federal funds;
960	960	and
961	961	(2) solicit and accept gifts, grants, and donations
962	962	from any other public or private source.
963	963	Sec. 421.114. RULES. The office may adopt rules for the
964	964	administration of this subchapter.
965	965	Sec. 421.115. REPORTING REQUIREMENTS. (a) The recipient
966	966	of funds for a purpose described by Section 421.112 shall submit to
967	967	the office, on an interval prescribed by the office, reports
968	968	regarding the use of the funds and any other issue related to the
969	969	funds as determined by the office.
970	970	(b) Funds received by a state agency for a purpose described
971	971	by Section 421.112 are considered border security funding for
972	972	purposes of reporting requirements in the General Appropriations
973	973	Act.
974	974	Sec. 421.116. ADMINISTRATIVE COSTS. Unless otherwise
975	975	provided by the appropriation, the office may use a reasonable
976	976	amount, not to exceed five percent, of any general revenue
977	977	appropriated for purposes of this subchapter to pay the costs of
978	978	administering this subchapter.
979	979	SECTION 5.02. As soon as practicable after the effective
980	980	date of this Act, the office of the governor shall adopt rules as
981	981	necessary to implement Subchapter G, Chapter 421, Government Code,
982	982	as added by this Act.
983	983	ARTICLE 6. BORDER PROTECTION AGREEMENTS
984	984	SECTION 6.01. Title 7, Government Code, is amended by
985	985	adding Chapter 795 to read as follows:
986	986	CHAPTER 795. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN
987	987	STATES
988	988	Sec. 795.001. AUTHORITY FOR AGREEMENTS AND ENGAGEMENT WITH
989	989	AUTHORITIES OF UNITED MEXICAN STATES. (a) On behalf of this state,
990	990	the governor may coordinate, develop, and execute agreements with
991	991	the United Mexican States and the states of the United Mexican
992	992	States regarding the authority of this state to protect and defend
993	993	its citizens.
994	994	(b) The governor may appoint a group of individuals
995	995	responsible for meeting in person with the appropriate local,
996	996	state, and federal authorities of the United Mexican States to
997	997	coordinate, develop, and execute agreements under Subsection (a).
998	998	The group appointed under this subsection may operate within the
999	999	United Mexican States as practicable.
1000	1000	ARTICLE 7. SEVERABILITY; EFFECTIVE DATE
1001	1001	SECTION 7.01. It is the intent of the legislature that every
1002	1002	provision, section, subsection, sentence, clause, phrase, or word
1003	1003	in this Act, and every application of the provisions in this Act to
1004	1004	every person, group of persons, or circumstances, is severable from
1005	1005	each other. If any application of any provision in this Act to any
1006	1006	person, group of persons, or circumstances is found by a court to be
1007	1007	invalid for any reason, the remaining applications of that
1008	1008	provision to all other persons and circumstances shall be severed
1009	1009	and may not be affected.
1010	1010	SECTION 7.02. This Act takes effect immediately if it
1011	1011	receives a vote of two-thirds of all the members elected to each
1012	1012	house, as provided by Section 39, Article III, Texas Constitution.
1013	1013	If this Act does not receive the vote necessary for immediate
1014	1014	effect, this Act takes effect on the 91st day after the last day of
1015	1015	the legislative session.