By: Guillen H.B. No. 13
A BILL TO BE ENTITLED
AN ACT
relating to measures to address public safety threats in this state
presented by transnational criminal activity, including by
establishing the Texas Homeland Security Division and the Border
Security Advisory Council, and to compensate persons affected by
those threats.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. LEGISLATIVE FINDING
SECTION 1.01. (a) The legislature, acting with the
governor, has the solemn duty to protect and defend the citizens of
this state and maintain sovereignty over this state's borders.
(b) An individual entering this state from a foreign country
shall enter through a legal port of entry.
(c) The failure of the federal government to ensure that
individuals entering this state from a foreign country do so
through a legal port of entry requires action to be taken by the
governor and the legislature of this state.
ARTICLE 2. TEXAS HOMELAND SECURITY DIVISION
SECTION 2.01. Article 2.12, Code of Criminal Procedure, as
amended by Chapters 624 (H.B. 4372), 870 (H.B. 3981), 950 (S.B.
1727), and 984 (S.B. 2612), Acts of the 88th Legislature, Regular
Session, 2023, is reenacted and amended to read as follows:
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve
deputies who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve
deputy constables who hold a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated
city, town, or village, and those reserve municipal police officers
who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
(4) rangers, officers, and members of the reserve
officer corps commissioned by the Public Safety Commission and the
Director of the Department of Public Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic
Beverage Commission;
(7) each member of an arson investigating unit
commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081 or
37.0818, Education Code, or Subchapter E, Chapter 51, Education
Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the
Parks and Wildlife Commission;
(11) officers commissioned under Chapter 23,
Transportation Code;
(12) municipal park and recreational patrolmen and
security officers;
(13) security officers and investigators commissioned
as peace officers by the comptroller;
(14) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(15) officers commissioned by a board of trustees
under Chapter 54, Transportation Code;
(16) investigators commissioned by the Texas Medical
Board;
(17) officers commissioned by:
(A) the board of managers of the Dallas County
Hospital District, the Tarrant County Hospital District, the Bexar
County Hospital District, or the El Paso County Hospital District
under Section 281.057, Health and Safety Code;
(B) the board of directors of the Ector County
Hospital District under Section 1024.117, Special District Local
Laws Code;
(C) the board of directors of the Midland County
Hospital District of Midland County, Texas, under Section 1061.121,
Special District Local Laws Code; and
(D) the board of hospital managers of the Lubbock
County Hospital District of Lubbock County, Texas, under Section
1053.113, Special District Local Laws Code;
(18) county park rangers commissioned under
Subchapter E, Chapter 351, Local Government Code;
(19) investigators employed by the Texas Racing
Commission;
(20) officers commissioned under Chapter 554,
Occupations Code;
(21) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
(22) investigators commissioned by the attorney
general under Section 402.009, Government Code;
(23) security officers and investigators commissioned
as peace officers under Chapter 466, Government Code;
(24) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(25) officers commissioned by the state fire marshal
under Chapter 417, Government Code;
(26) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(27) officers appointed by the inspector general of
the Texas Juvenile Justice Department under Section 242.102, Human
Resources Code;
(28) officers appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(29) investigators commissioned by the Texas
Commission on Law Enforcement under Section 1701.160, Occupations
Code;
(30) commission investigators commissioned by the
Texas Private Security Board under Section 1702.061, Occupations
Code;
(31) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(32) officers commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section;
(33) the fire marshal and any related officers,
inspectors, or investigators commissioned by a county under
Subchapter B, Chapter 352, Local Government Code;
(34) [(35)] fire marshals and any related officers,
inspectors, or investigators of a municipality who hold a permanent
peace officer license issued under Chapter 1701, Occupations Code;
[and]
(35) Alamo complex rangers commissioned by the General
Land Office under Section 31.0515, Natural Resources Code, subject
to the limitations imposed by that section; and
(36) officers of the Texas homeland security division
commissioned by the secretary of homeland security under Section
426.202, Government Code.
SECTION 2.02. Subtitle B, Title 4, Government Code, is
amended by adding Chapter 426 to read as follows:
CHAPTER 426. TEXAS HOMELAND SECURITY DIVISION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 426.001. DEFINITIONS. In this chapter:
(1) "Alien" has the meaning assigned by 8 U.S.C.
Section 1101.
(2) "Border region" has the meaning assigned by
Section 772.0071.
(3) "Division" means the Texas homeland security
division established under this chapter.
(4) "Federal agency" means a board, commission,
department, office, or other agency in the executive branch of the
federal government.
(5) "Local government" means a municipality, county,
special purpose district, or other political subdivision of this
state.
(6) "Office" means the office of the governor.
(7) "Port of entry" means a port of entry described by
Part 101, Title 19, Code of Federal Regulations (19 C.F.R. Part 101)
or 22 C.F.R. Section 40.1.
(8) "Secretary" means the secretary of homeland
security appointed under this chapter.
(9) "State agency" means a board, commission,
department, office, or other agency in the executive branch of
state government.
Sec. 426.002. TEXAS HOMELAND SECURITY DIVISION
ESTABLISHED. The office shall establish the Texas homeland
security division as a division within the office to provide
cross-functional expertise to border protection operations and
improve efficiency and effectiveness of the border protection
operations of the state agencies and political subdivisions of this
state.
Sec. 426.003. SECRETARY OF HOMELAND SECURITY. (a) The
governor shall appoint a United States citizen to serve as the
secretary of homeland security. The secretary is the executive
head of the division and serves until the earlier of:
(1) September 1, 2031; or
(2) removal by the governor.
(b) The secretary may appoint, with the advice and consent
of the governor, deputy secretaries and assistant secretaries who
shall perform the duties that the secretary designates. Deputy
secretaries and assistant secretaries serve until removed by the
secretary.
(c) The secretary, deputy secretaries, and assistant
secretaries are entitled to annual salaries as provided by the
legislature.
Sec. 426.004. TERM OF AUTHORIZATION. (a) The division is
subject to appropriations from the legislature and continues in
existence until September 1, 2031, unless reauthorized by the
legislature.
(b) This chapter expires September 1, 2031.
Sec. 426.005. HEADQUARTERS; REGIONAL OFFICES. The division
must be headquartered in the border region. The division may
establish regional offices along the Texas-Mexico border.
Sec. 426.006. COOPERATION WITH BORDER PROSECUTION UNIT.
(a) In this section, "border prosecution unit" means the border
prosecution unit established under Section 772.052.
(b) The division shall cooperate with the border
prosecution unit to carry out the duties of the division and the
unit.
(c) The border prosecution unit as needed may assign a
prosecutor from the unit to the division headquarters or any
regional office of the division.
Sec. 426.007. GIFTS, GRANTS, AND DONATIONS. The division
may accept gifts, grants, and donations from any source, including
private and nonprofit organizations, for the purpose of
implementing this chapter.
Sec. 426.008. FEDERAL, STATE, AND LOCAL COOPERATION. The
division shall coordinate with any federal agency, any state
agency, or any local government as necessary to carry out the duties
of the division.
Sec. 426.009. NO LIMITATION ON DIVISION AUTHORITY BY LOCAL
GOVERNMENTS. A local government may not by any means limit the
jurisdiction or authority of the division.
SUBCHAPTER B. CONSOLIDATION OF BORDER OPERATIONS
Sec. 426.051. CONSOLIDATION OF STATE AGENCY BORDER
OPERATIONS. (a) The secretary shall identify resources the
division needs to conduct border protection operations, including
personnel, equipment, and facilities owned or controlled by state
agencies that conduct border protection operations under Operation
Lone Star. The secretary may identify any resources dedicated to
border security that are owned or controlled by:
(1) the office of the attorney general;
(2) the Department of Public Safety;
(3) the Texas Military Department;
(4) the Parks and Wildlife Department;
(5) the Texas Alcoholic Beverage Commission;
(6) the Texas Department of Criminal Justice;
(7) the Texas Commission on Jail Standards;
(8) the Texas Commission on Law Enforcement;
(9) the Office of Court Administration of the Texas
Judicial System;
(10) the Department of State Health Services;
(11) the Texas Department of Motor Vehicles;
(12) the Texas Division of Emergency Management;
(13) the State Soil and Water Conservation Board; and
(14) any other state agency designated by the
governor.
(b) Each state agency that owns or controls resources
identified under Subsection (a) shall dedicate those resources to
the division and its duties.
Sec. 426.052. REIMBURSEMENT FOR STATE USE OF LOCAL
GOVERNMENT RESOURCES. (a) The secretary shall identify resources
the division needs to conduct border protection operations,
including personnel, equipment, and facilities owned or controlled
by local governments that conduct border protection operations
along the Texas-Mexico border.
(b) A local government that owns or controls resources
identified under Subsection (a) may by written agreement with the
division dedicate those resources to the division and its duties.
(c) A local government that dedicates resources to the
division under this section is entitled to reimbursement for the
use of those resources as provided by the written agreement under
Subsection (b) and the General Appropriations Act.
Sec. 426.053. EMPLOYMENT OF DEDICATED PERSONNEL;
COOPERATIVE WORK. (a) A person who is dedicated to the division
under Section 426.051 or 426.052 remains an employee of the
assigning state agency or local government but the person may be
assigned duties by the secretary.
(b) A person who is dedicated to the division shall work
cooperatively with employees of the division and other persons
dedicated to the division under the guidance of the secretary to
achieve effectiveness in efforts by state agencies and local
governments to enforce the law in the border region.
Sec. 426.054. AUTHORITY OF DEDICATED PERSONNEL. (a) A
person dedicated to the division and its duties under Section
426.051 or 426.052 retains the authority of the office held by the
person with the dedicating state agency or local government and may
exercise any powers granted to the division under this chapter with
the approval of the secretary.
(b) The secretary, with the approval of the governor, may
assign the person additional duties consistent with the duties of
the division under this chapter.
(c) Notwithstanding any other provision of this chapter, a
person dedicated to the division may not be granted any powers or
authority that exceeds the powers or authority granted by other law
to the office held by the person with the dedicating state agency or
local government.
Sec. 426.055. USE OF DEDICATED PROPERTY. Any property,
including equipment or facilities, dedicated to the division and
its duties under Section 426.051 or 426.052 may be used for the
purposes of the dedicating state agency or local government or the
purposes of the division.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 426.101. GENERAL POWERS AND DUTIES OF DIVISION AND
SECRETARY. (a) The secretary shall:
(1) be directly responsible to the governor for all
conduct of the division;
(2) act as the chief administrative officer of the
division;
(3) act with the Border Security Advisory Council in
an advisory capacity, without vote;
(4) formulate plans and policies for the protection of
the citizens of this state in the Texas-Mexico border region,
including the air, maritime, and land borders of this state;
(5) organize the division and supervise its operation;
(6) maintain records of all division proceedings and
official orders;
(7) adopt rules and policies, subject to the
governor's approval, considered necessary for the control and
general administration of the division, including rules governing
the procurement of facilities and equipment for the division and
the training and working conditions for division personnel;
(8) issue commissions as peace officers, under the
governor's direction, to members of the division;
(9) create as necessary, with the advice and consent
of the governor, operational or administrative entities within the
division and appoint heads of those entities;
(10) employ as necessary commissioned officers and
other employees to perform division operations and functions;
(11) quarterly, annually, biennially, and any other
time on the governor's request submit to the governor and the Border
Security Advisory Council detailed reports of the operation of the
division, including statements of its expenditures; and
(12) prepare, swear to, submit to the governor, and
file in the division's records a quarterly statement containing an
itemized list of all money received and its source and all money
spent and the purposes for which it was spent.
(b) The secretary or secretary's designee shall provide to
the governor and to employees of the division, as often as
necessary, information regarding the requirements for office or
employment under this chapter, including information regarding a
person's responsibilities under applicable law relating to
standards of conduct for state officers or employees.
Sec. 426.102. BORDER OPERATIONS. The division may conduct
border security operations along the Texas-Mexico border,
including:
(1) law enforcement operations;
(2) intelligence gathering, analysis, and
dissemination;
(3) surveillance and detection of criminal activity,
including improper entry of individuals from foreign nations and
the smuggling of individuals and controlled substances, using
cameras, unmanned aircraft, and other technologies;
(4) coordination of local, state, and federal agencies
conducting border security operations, including tactical
operations such as special response teams, brush teams, and special
weapons and tactics teams;
(5) coordination and command of state agencies in
border security operations led by the division;
(6) training and education programs for the
professional development of employees and agency partners carrying
out border security operations; and
(7) assisting local law enforcement with the
investigation of crime.
Sec. 426.103. LAW ENFORCEMENT BORDER PROTECTION FUNCTIONS.
The secretary may order commissioned officers under the secretary's
authority to take, and the commissioned officers may take, the
following actions to the extent consistent with the United States
and Texas Constitutions:
(1) deter and repel persons attempting to enter this
state unlawfully at locations other than ports of entry;
(2) remove illegal aliens from this state who:
(A) have been observed actually crossing the
Texas-Mexico border unlawfully; and
(B) were apprehended, detained, or arrested in
the vicinity of the Texas-Mexico border; and
(3) enhance the examination of aircraft, ships,
vehicles, railcars, and cargo at or near ports of entry for the
purposes of interdicting fentanyl and other dangerous drugs and
interdicting human smuggling.
Sec. 426.104. PURCHASE, DEPLOYMENT, AND MAINTENANCE OF
CERTAIN TECHNOLOGY AND EQUIPMENT. (a) The division, at the request
of the governor, shall purchase, deploy, and maintain technology
and equipment to enhance the division's ability to detect and
suppress criminal activity along the Texas-Mexico border,
including:
(1) temporary border security infrastructure,
including temporary barriers, buoys, fences, wires, roads,
trenches, surveillance technology, real time multimedia
interoperability technology, or other improvements, designed or
adapted to detect, surveil, impede, or interdict the movement of
persons or objects across the Texas-Mexico border at locations
other than ports of entry;
(2) surveillance and detection technology to be
deployed at and near each port of entry along the Texas-Mexico
border to detect and deter the improper entry of individuals from
foreign nations and the smuggling of individuals and controlled
substances, such as fentanyl, cocaine, heroin, and
methamphetamine; and
(3) facilities, equipment, and services to remove
illegal immigrants from this state.
(b) The Homeland Security Division shall staff a sufficient
number of commercial vehicle inspectors to inspect vehicles using
technology described by Subsections (a)(1) and (a)(2) without
impeding the efficient flow of trade.
Sec. 426.105. OPERATIONAL PLAN TO COORDINATE BORDER
PROTECTION. (a) The secretary or the secretary's designee shall
develop and recommend to the governor, the legislature, and the
Border Security Advisory Council a strategic plan that establishes
the framework for the budgeting and operations of the division,
including homeland security strategies, to be administered by the
division and state agencies that provide assistance to the
division.
(b) The strategic plan under Subsection (a) must include:
(1) goals and performance measures that involve
collaboration with other state agencies and local governments; and
(2) an evaluation of 8 U.S.C. Section 1325(a) and
other federal laws relating to the requirement that the admission
of aliens into the United States occur only at ports of entry.
(c) The secretary shall annually report to the governor, the
legislature, and the Border Security Advisory Council on the
implementation of the strategic plan.
Sec. 426.106. ADVISORY COUNCIL ON BORDER PROTECTION
TECHNOLOGY AND EQUIPMENT; STRATEGIC PLAN. (a) In this section,
"advisory council" means the advisory council on border protection
technology and equipment established under Subsection (b).
(b) The advisory council on border protection technology
and equipment is established within the division.
(c) The secretary shall determine the membership of the
advisory council. In determining the membership of the council
under this subsection, the secretary shall consider potential
members with expertise in domestic and international strategies
relating to border protection technology and equipment, including
members from local, state, and federal law enforcement, research
organizations, and private industry.
(d) The advisory council shall develop and recommend to the
governor, the legislature, and the Border Security Advisory Council
a strategic plan that includes a framework for budgeting for and the
procurement, implementation, and operation of border protection
technology and equipment for state agencies and local governments
and for other factors relating to border security.
(e) The strategic plan under Subsection (d) must include:
(1) goals and performance measures relating to border
protection that promote collaboration and the interoperability of
state agencies and local governments;
(2) an evaluation of the relationship between
financial efficiency and operative effectiveness for different
types of border protection technology and equipment; and
(3) an evaluation of 8 U.S.C. Section 1325(a) and any
other applicable federal laws relating to the requirement that an
alien may only be admitted to the United States at a port of entry.
(f) At least twice each calendar year, the council shall
update the strategic plan under Subsection (d) and report the
governor, the legislature, and the Border Security Advisory Council
on the recommendations of the strategic plan.
Sec. 426.107. TECHNOLOGY POLICY; REVIEW. (a) The office
shall implement a policy requiring the division to use appropriate
technological solutions to improve the division's ability to
perform its functions. The policy must ensure that the division's
capability to conduct border security operations and similar
functions is not impeded by the use of obsolete or outdated
technologies.
(b) The office shall periodically review, based on the
recommendations of the advisory council on border protection
technology and equipment, emerging technologies that may be
deployed for border security operations, including technologies
and equipment described by Section 426.104(a)(1), (a)(2), and
(a)(3), to ensure the division consistently adopts innovative
technologies and solutions for those operations.
(c) The office shall hold an annual technology fair at which
vendors of emerging technologies and equipment that may be used for
border protection demonstrate the capabilities of the products.
(d) The inaugural event required under Subsection (c) must
be held no later than September 1, 2024.
SUBCHAPTER D. HIRING, STAFFING, AND TRAINING; AUTHORITY OF
OFFICERS AND OTHER EMPLOYEES
Sec. 426.201. REGIONAL COMMANDERS. The secretary, with the
approval of the governor, may appoint regional commanders to
oversee the regional offices authorized by Section 426.005.
Sec. 426.202. OFFICERS AND OTHER EMPLOYEES. (a) The
secretary may commission, with the approval of the governor,
officers of the division as peace officers.
(b) The secretary may hire any employees as necessary to
carry out the duties of the division, including noncommissioned
officers.
(c) Officers of the division are entitled to compensation as
provided by the legislature and must be recruited and trained
within the border region to the extent practicable.
(d) Subject to the provisions of this chapter, the secretary
may appoint, promote, reduce, suspend, or discharge any officer or
employee of the division.
(e) Notwithstanding any other provision of this chapter,
each officer commissioned or hired by the secretary under this
section is subject to a one-year probationary period, regardless of
the officer's rank or salary classification.
Sec. 426.203. HIRING OFFICERS WITH PREVIOUS BORDER PATROL,
TEXAS DEPARTMENT OF PUBLIC SAFETY, OR MILITARY EXPERIENCE.
Notwithstanding any other provision of law, the division may, at
the time an officer is hired for the division, elect to credit up to
four years of experience as a Border Patrol Agent of the United
States Customs and Border Protection, or as an Officer of the Texas
Department of Public Safety, or a member of the armed forces of the
United States for the purpose of calculating the officer's salary
under Section 426.202(c).
Sec. 426.204. QUALIFICATIONS. (a) To be a commissioned
officer of the division, a person must hold a peace officer license
issued under Chapter 1701, Occupations Code, and meet any other
qualifications set by the secretary.
(b) To be a noncommissioned officer of the division, a
person must meet the qualifications set by the secretary by rule.
(c) The secretary may provide by rule for the qualifications
of any other employees of the division.
(d) The secretary may not employ an officer or other
employee if the officer or other employee:
(1) has been convicted of a violent offense; or
(2) has been dishonorably discharged from the armed
forces of the United States or the Texas military forces as shown by
the service member's release or discharge documentation.
(e) For purposes of Subsection (d):
(1) "Texas military forces" has the meaning assigned
by Section 437.001.
(2) "Violent offense" means an offense under the law
of any state that has as an element the use, attempted use, or
threatened use of physical force against any person.
(f) The division is an equal employment opportunity
employer and may not discriminate against or give preferential
treatment to any employee or job applicant on account of the
individual's race, color, sex, national origin, or religion.
Sec. 426.205. TRAINING. (a) The division shall acquire
equipment and facilities and conduct training necessary to carry
out the operational, intelligence, communication, logistics, and
administrative duties of the division provided by this chapter or
the secretary. The division shall conduct the training in the
border region.
(b) The division shall expand programs for training
officers to serve as members of a brush team.
Sec. 426.206. AUTHORITY OF OFFICERS. (a) A commissioned
officer of the division is governed by the law regulating and
defining the powers and duties of sheriffs performing similar
duties, except that the officer may make arrests and execute
processes in a criminal case in any county in this state.
(b) A commissioned officer of the division may, to the
extent consistent with the United States and Texas Constitutions,
arrest, apprehend, or detain persons crossing the Texas-Mexico
border unlawfully, and deter persons attempting to cross the border
unlawfully, up to with the use of non-deadly crowd control
measures.
Sec. 426.207. USE OF PERSONAL VEHICLE PROHIBITED.
Notwithstanding any other provision of this chapter, an officer or
other employee of the division may not use the officer's or
employee's personal vehicle to conduct a traffic stop for any
purpose related to the officer's or employee's duties.
SUBCHAPTER E. OFFICE OF AUDIT AND REVIEW; OFFICE OF INSPECTOR
GENERAL
Sec. 426.251. OFFICE OF AUDIT AND REVIEW FOR DIVISION. (a)
The governor shall establish the office of audit and review within
the division and appoint a director to perform the duties under this
section. The director of the office of audit and review of the
division shall serve until removed by the governor.
(b) The director of the office of audit and review must
satisfy the requirements to be the division's internal auditor
under Section 2102.006(b) and is considered to be the division's
internal auditor for purposes of Chapter 2102.
(c) The office of audit and review shall coordinate
activities designed to promote effectiveness in the division's
operations and to keep the governor and the legislature fully
informed about deficiencies within the division. The office of
audit and review shall:
(1) inspect and audit division programs and operations
for efficiency, uniformity, and compliance with established
procedures and develop recommendations for improvement;
(2) coordinate and be responsible for promoting
accountability, integrity, and efficiency in the division; and
(3) provide the governor with information relevant to
its oversight of the division.
(d) The division shall provide the director of the office of
audit and review with access to any records, data, or other
information necessary to fulfill the purposes of this section.
(e) The director of the office of audit and review shall,
with the advice and consent of the governor, determine which audits
and inspections to perform and may publish the findings and
recommendations of the office of audit and review.
(f) The director of the office of audit and review shall:
(1) report to the governor regarding audits and
inspections planned and the status and findings of those audits and
inspections; and
(2) report to the secretary for administrative
purposes and keep the secretary informed of any findings of the
office of audit and review.
(g) The office of audit and review shall:
(1) independently and objectively inspect the
division to:
(A) ensure that operations are conducted
efficiently, uniformly, and in compliance with established
procedures; and
(B) make recommendations for improvements in
operational performance;
(2) independently and objectively audit the division
to:
(A) promote economy, effectiveness, and
efficiency within the division;
(B) prevent and detect fraud, waste, and abuse in
division programs and operations; and
(C) make recommendations about the adequacy and
effectiveness of the division's system of internal control policies
and procedures;
(3) advise in the development and evaluation of the
division's performance measures;
(4) review actions taken by the division to improve
program performance and make recommendations for improvement;
(5) review and make recommendations to the governor
and the legislature regarding rules, laws, and guidelines relating
to division programs and operations;
(6) keep the governor, secretary, and legislature
fully informed of problems in division programs and operations; and
(7) ensure effective coordination and cooperation
among the state auditor's office, legislative oversight
committees, and other governmental bodies while attempting to avoid
duplication.
(h) Chapter 2102 applies to the office of audit and review.
Sec. 426.252. INSPECTOR GENERAL FOR DIVISION. (a) The
governor shall establish the office of the inspector general within
the division and appoint the inspector general of the division. The
inspector general of the division shall serve until removed by the
governor.
(b) The inspector general of the division is responsible
for:
(1) preparing and delivering assessments concerning
the administration of the division to the governor, the
legislature, and the secretary;
(2) acting to prevent and detect serious breaches of
division policy, fraud, and abuse of office, including any acts of
criminal conduct within the division; and
(3) independently and objectively reviewing,
investigating, delegating, and overseeing the investigation of:
(A) conduct described by Subdivision (2);
(B) criminal activity occurring within the
division;
(C) allegations of wrongdoing by division
employees;
(D) crimes committed on division property; and
(E) serious breaches of division policy.
(c) The inspector general of the division shall report
directly to the governor regarding performance of and activities
related to investigations and provide the secretary with
information regarding investigations as appropriate.
(d) The inspector general of the division shall regularly
present to the governor:
(1) reports of investigations; and
(2) a summary of information relating to
investigations conducted under this section that includes analysis
of the number, type, and outcome of investigations, trends in the
investigations, and recommendations to avoid future complaints.
SECTION 2.03. Chapter 820, Government Code, is amended by
adding Subchapter A-3 to read as follows:
SUBCHAPTER A-3. MILITARY SERVICE CREDIT FOR CERTAIN MEMBERS HIRED
BY TEXAS HOMELAND SECURITY DIVISION
Sec. 820.041. CERTAIN MILITARY SERVICE CREDIT WITHOUT
PURCHASE. (a) A cash balance group member hired by the office of
the governor for the Texas homeland security division under Chapter
426 who served active federal duty in the armed forces of the United
States and obtains a peace officer license issued under Chapter
1701, Occupations Code, while employed with the division may
establish military service credit not to exceed six months in the
retirement system for the purposes described by Subsection (c) by
submitting a request to the system in a form and manner prescribed
by the system.
(b) The retirement system shall grant the military service
credit of a member who submits a request as provided by Subsection
(a) after the system verifies that the member is a cash balance
group member and served the military service required by that
subsection.
(c) Military service credit established under this section
may be used only to determine whether the cash balance group member
is eligible to retire and receive a cash balance annuity under this
chapter. The service credit does not affect eligibility for any
other purpose, including for purposes of determining eligibility to
participate in the group benefits program established under Chapter
1551, Insurance Code.
SECTION 2.04. Subchapter C, Chapter 2155, Government Code,
is amended by adding Section 2155.151 to read as follows:
Sec. 2155.151. CERTAIN PURCHASES BY OFFICE OF THE GOVERNOR
(a) The office of the governor is delegated all purchasing
functions relating to the purchase of technologies and equipment
for use by the Texas homeland security division in border security
operations, including technology and equipment described by
Section 426.104, to ensure the division consistently adopts
innovative technologies and solutions for those operations.
(b) The office of the governor shall acquire goods and
services under Subsection (a) by any procurement method that
provides the best value and operational utility to the office. The
office of the governor shall consider the best value standards
listed in Section 2155.074 and Section 2155.067.
(c) At the request of the office of the governor, the
comptroller or the Department of Information Resources, as
appropriate, shall procure goods and services described by
Subsection (a) for the office. The office of the governor may use
the services of the comptroller or the Department of Information
Resources in procuring goods and services described by Subsection
(a).
ARTICLE 3. BORDER PROTECTION PROPERTY DAMAGE PROGRAM
SECTION 3.01. The heading to Chapter 56C, Code of Criminal
Procedure, is amended to read as follows:
CHAPTER 56C. BORDER CRIME [LANDOWNER COMPENSATION FOR] PROPERTY
DAMAGE COMPENSATION PROGRAM [CAUSED BY CERTAIN CRIMINAL
ACTIVITIES]
SECTION 3.02. Article 56C.001, Code of Criminal Procedure,
is amended by amending Subdivision (2) and adding Subdivision (2-a)
to read as follows:
(2) "Border crime" means conduct:
(A) constituting an offense under:
(i) Subchapter D, Chapter 481, Health and
Safety Code;
(ii) Section 20.05, 20.06, or 38.04, Penal
Code; or
(iii) Chapter 20A, Penal Code; and
(B) involving transnational criminal activity.
(2-a) "Border region" has the meaning assigned by
Section 772.0071, Government Code.
SECTION 3.03. The heading to Article 56C.003, Code of
Criminal Procedure, is amended to read as follows:
Art. 56C.003. BORDER CRIME PROPERTY DAMAGE [LANDOWNER]
COMPENSATION PROGRAM.
SECTION 3.04. Article 56C.003, Code of Criminal Procedure,
is amended by amending Subsections (a), (c), and (d) and adding
Subsection (a-1) to read as follows:
(a) From the funding sources described by Subsection (a-1)
[money appropriated for the purpose], the attorney general shall
establish and administer a program to compensate:
(1) landowners who suffer real property damage on
agricultural land caused by:
(A) [(1)] a trespasser as a result of an offense
under Chapter 28, Penal Code, that was committed in the course of or
in furtherance of a border crime; or
(B) [(2)] a law enforcement response to a
trespasser who was engaged in a border crime; and
(2) persons residing in the border region who suffer
real or personal property damage caused by a person described by
Subdivision (1)(A) or (B).
(a-1) The attorney general may use money from the following
sources to establish the program described by Subsection (a):
(1) money appropriated, credited, or transferred by
the legislature for purposes of the program;
(2) revenue that the legislature by statute dedicates
for deposit to the credit of the program;
(3) investment earnings and interest earned on money
held for purposes of administering the program;
(4) gifts, grants, and donations received by the state
for purposes of the program;
(5) grants and reimbursements by the federal
government; and
(6) proceeds received under Article 59.06(v).
(c) The attorney general may not award compensation under
this article for [real] property damage caused by a trespasser
[described by Subsection (a)(1)] unless the damage is documented in
a written report by a law enforcement agency as having occurred in
connection with a border crime.
(d) In awarding compensation under this article for [real]
property damage caused by a trespasser [described by Subsection
(a)(1)], the attorney general may not consider the outcome of any
criminal prosecution arising out of the offense under Chapter 28,
Penal Code, as a result of which the applicant suffered property
damage or the applicable offense listed in Article 56C.001(2)(A).
SECTION 3.05. Article 56C.006(a), Code of Criminal
Procedure, is amended to read as follows:
(a) The program established under Article 56C.003 is a payer
of last resort for [real] property damage described by that
article.
SECTION 3.06. Article 59.06(t)(1), Code of Criminal
Procedure, is amended to read as follows:
(t)(1) This subsection applies only to contraband for which
forfeiture is authorized with respect to an offense under Section
[20.05, 20.06,] 20.07, 43.04, or 43.05 or Chapter 20A, Penal Code.
SECTION 3.07. Article 59.06, Code of Criminal Procedure, is
amended by adding Subsection (v) to read as follows:
(v) Notwithstanding any other provision of this article,
with respect to forfeited property seized in connection with an
offense under Section 20.05 or 20.06, Penal Code, in a proceeding
under Article 59.05 in which judgment is rendered in favor of the
state, the attorney representing the state shall transfer the
proceeds from the sale of the forfeited property under Subsection
(a) to the comptroller for deposit to the credit of the border crime
property damage compensation program established under Chapter
56C.
SECTION 3.08. Article 56C.007, Code of Criminal Procedure,
is repealed.
ARTICLE 4. BORDER SECURITY ADVISORY COUNCIL
SECTION 4.01. Subchapter B-1, Chapter 421, Government Code,
is amended by adding Section 421.0425 to read as follows:
Sec. 421.0425. BORDER SECURITY ADVISORY COUNCIL. (a) The
Border Security Advisory Council is a permanent special advisory
committee created to advise the legislature and the governor or the
governor's designee on homeland security issues impacting the
security of the Texas-Mexico border and on streamlining statewide
border security activities and initiatives.
(b) The council is composed of:
(1) the chair of the standing substantive committee of
the senate with primary jurisdiction over border security;
(2) the chair of the standing substantive committee of
the house of representatives with primary jurisdiction over border
security and public safety, if applicable;
(3) four senators appointed by the lieutenant governor
who collectively meet the following requirements:
(A) two senators must represent senatorial
districts located in the border region; and
(B) one senator must be the chair of the senate
standing committee with primary jurisdiction over border security
issues and public safety, if applicable;
(4) four members of the house of representatives
appointed by the speaker of the house of representatives who
collectively meet the following requirements:
(A) two representatives must represent house
districts located in the border region; and
(B) one representative must be the chair of the
house standing committee with primary jurisdiction over border
security issues and public safety, if applicable;
(5) as nonvoting members, the executive head of or a
designee from each of the following:
(A) Department of Public Safety;
(B) Texas Military Department;
(C) Texas Division of Emergency Management;
(D) Parks and Wildlife Department;
(E) Texas Department of Criminal Justice;
(F) Office of Court Administration of the Texas
Judicial System; and
(G) Texas Alcoholic Beverage Commission;
(6) as a nonvoting member, the presiding officer of
the border prosecution unit established under Section 772.052;
(7) the following nonvoting members appointed by the
governor or the governor's designee:
(A) one representative of a county located in the
border region, other than a sheriff;
(B) one sheriff of a county located in the border
region;
(C) one representative of a municipality located
in the border region, other than a municipal police chief;
(D) one police chief of a municipality located in
the border region; and
(E) one representative of the business community
involved in international trade across the Texas-Mexico border; and
(8) other nonvoting members as determined by the
governor or the governor's designee.
(c) The committee chairs described by Subsections (b)(1)
and (2) are joint chairs of the council.
(d) A majority of the voting members of the council
constitutes a quorum to transact business. If a quorum is present,
the council may act on any matter within the council's jurisdiction
by a majority vote.
(e) The council shall meet as often as necessary to perform
the council's duties. Meetings may be held at any time at the
request of either chair.
(f) As an exception to Chapter 551 and other law, for a
meeting at which both joint chairs of the council are physically
present, any number of the other council members may attend the
meeting by use of telephone conference call, video conference call,
or other similar technology. This subsection applies for purposes
of establishing a quorum or voting or for any other purpose allowing
the members to fully participate in any council meeting. This
subsection applies without regard to the subject or topics
considered by the members at the meeting.
(g) A council meeting held by use of telephone conference
call, video conference call, or other similar technology:
(1) is subject to the notice requirements applicable
to other meetings;
(2) must specify in the notice of the meeting the
location at which the joint chairs will be physically present;
(3) must be open to the public and audible to the
public at the location specified in the notice under Subdivision
(2); and
(4) must provide two-way audio communication between
all council members attending the meeting during the entire
meeting, and if the two-way audio communication link with any
member attending the meeting is disrupted at any time, the meeting
may not continue until the two-way audio communication link is
reestablished.
(h) In addition to the duties under Section 421.045, the
council shall:
(1) use statistical analyses and other research
methods to conduct an in-depth examination of border safety
initiatives and programs in this state that includes:
(A) an assessment of:
(i) the efficiency and cost-effectiveness
of the use of state and local funds in ensuring border safety;
(ii) any duplication, overlap, and conflict
between state-run border security programs; and
(iii) the effectiveness of communication
and coordination among state, local, and federal agencies
responsible for or engaged in border security;
(B) an identification of critical border safety
problems; and
(C) a determination of the state's long-range
border safety needs;
(2) identify and anticipate challenges and threats to
agencies' operations along the Texas-Mexico border;
(3) develop solutions to overcome the challenges and
threats described by Subdivision (2);
(4) identify strategic opportunities agencies may use
to enhance the capabilities and effectiveness of their roles in
this state's operations along the Texas-Mexico border;
(5) recommend to the legislature and the governor:
(A) strategies to solve the problems identified
under Subdivision (1)(B);
(B) policy priorities to address the long-range
needs determined under Subdivision (1)(C); and
(C) measures based on objective research and
analysis to help guide state border safety policies;
(6) advise the legislature and the governor regarding:
(A) coordinating the goals and responsibilities
for border security efforts of local and state agencies with
jurisdiction over border security;
(B) developing procedures for streamlining
decision-making of local and state agencies with jurisdiction over
border security; and
(C) improving transparency of border security
operations; and
(7) advise and assist the legislature and the governor
in developing plans, programs, and proposed legislation to improve
the effectiveness of border safety initiatives and programs.
(i) The council may hire staff or may contract with
universities or other suitable entities to assist the council in
carrying out the council's duties. Funding to support the
operation of the council shall be provided from funds appropriated
to the Texas Legislative Council.
(j) Not later than January 1 of each odd-numbered year, the
council shall submit to the legislature and the governor a report
that contains the recommendations described by Subsection (h)(5).
SECTION 4.02. Section 421.044, Government Code, is amended
to read as follows:
Sec. 421.044. COMPENSATION AND REIMBURSEMENT OF EXPENSES
PROHIBITED. (a) A person who is a member of a permanent special
advisory committee created under this subchapter is not entitled to
receive:
(1) compensation from this state for service on the
committee; or
(2) except as provided by Subsection (b), travel
expenses incurred by the person while conducting the business of
the committee.
(b) A member of the Border Security Advisory Council created
under Section 421.0425 is entitled to travel expenses described by
Subsection (a)(2) as provided by the General Appropriations Act.
ARTICLE 5. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,
EQUIPMENT, AND SERVICES IN THE BORDER REGION
SECTION 5.01. Chapter 421, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY
Sec. 421.111. DEFINITIONS. In this subchapter:
(1) "Border region" has the meaning assigned by
Section 772.0071.
(2) "Local government" means a municipality or county.
(3) "Office" means the trusteed programs within the
office of the governor.
Sec. 421.112. USE OF CERTAIN FUNDS. From money
appropriated for that purpose, the office, as authorized by Chapter
418, including Subchapter D of that chapter, shall make funds
available to state agencies and local governments for the following
purposes:
(1) the construction and maintenance of facilities
related to prosecuting and adjudicating offenses committed in the
border region, including court facilities, processing facilities,
detention facilities for persons who are at least 10 years old
regardless of gender, criminal justice centers, and other similar
facilities;
(2) the payment of staff salaries and benefits and the
payment of operational expenses related to providing law
enforcement services;
(3) the purchase or maintenance of equipment related
to providing public health and safety services in the border
region, including law enforcement services, communication
services, and emergency services, to enhance the safety and
security of the citizens of this state;
(4) the construction and maintenance of temporary
border security infrastructure, including temporary barriers,
bouys, fences, wires, roads, trenches, surveillance technology,
real time multimedia interoperability technology, or other
improvements, designed or adapted to detect, surveil, impede, or
interdict the movement of persons or objects across the
Texas-Mexico border at locations other than ports of entry; and
(5) the construction or improvement of roadways and
similar transportation facilities in the border region that provide
for detailed monitoring of commercial motor vehicles traveling
along the roadways and facilities in any direction within 30 miles
of a port of entry.
Sec. 421.113. FEDERAL FUNDS; GIFTS, GRANTS, AND DONATIONS.
In addition to funds appropriated by the legislature and for the
purposes of this subchapter, the office may:
(1) seek and apply for any available federal funds;
and
(2) solicit and accept gifts, grants, and donations
from any other public or private source.
Sec. 421.114. RULES. The office may adopt rules for the
administration of this subchapter.
Sec. 421.115. REPORTING REQUIREMENTS. (a) The recipient
of funds for a purpose described by Section 421.112 shall submit to
the office, on an interval prescribed by the office, reports
regarding the use of the funds and any other issue related to the
funds as determined by the office.
(b) Funds received by a state agency for a purpose described
by Section 421.112 are considered border security funding for
purposes of reporting requirements in the General Appropriations
Act.
Sec. 421.116. ADMINISTRATIVE COSTS. Unless otherwise
provided by the appropriation, the office may use a reasonable
amount, not to exceed five percent, of any general revenue
appropriated for purposes of this subchapter to pay the costs of
administering this subchapter.
SECTION 5.02. As soon as practicable after the effective
date of this Act, the office of the governor shall adopt rules as
necessary to implement Subchapter G, Chapter 421, Government Code,
as added by this Act.
ARTICLE 6. BORDER PROTECTION AGREEMENTS
SECTION 6.01. Title 7, Government Code, is amended by
adding Chapter 795 to read as follows:
CHAPTER 795. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN
STATES
Sec. 795.001. AUTHORITY FOR AGREEMENTS AND ENGAGEMENT WITH
AUTHORITIES OF UNITED MEXICAN STATES. (a) On behalf of this state,
the governor may coordinate, develop, and execute agreements with
the United Mexican States and the states of the United Mexican
States regarding the authority of this state to protect and defend
its citizens.
(b) The governor may appoint a group of individuals
responsible for meeting in person with the appropriate local,
state, and federal authorities of the United Mexican States to
coordinate, develop, and execute agreements under Subsection (a).
The group appointed under this subsection may operate within the
United Mexican States as practicable.
ARTICLE 7. SEVERABILITY; EFFECTIVE DATE
SECTION 7.01. It is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this Act, and every application of the provisions in this Act to
every person, group of persons, or circumstances, is severable from
each other. If any application of any provision in this Act to any
person, group of persons, or circumstances is found by a court to be
invalid for any reason, the remaining applications of that
provision to all other persons and circumstances shall be severed
and may not be affected.
SECTION 7.02. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect on the 91st day after the last day of
the legislative session.