| 1 | 1 | | By: Lopez of Cameron H.B. No. 77 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the establishment of the Texas border enforcement |
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| 7 | 7 | | coordination program; making appropriations. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 421, Government Code, is amended by |
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| 10 | 10 | | adding Subchapter G to read as follows: |
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| 11 | 11 | | SUBCHAPTER G. TEXAS BORDER ENFORCEMENT COORDINATION PROGRAM |
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| 12 | 12 | | Sec. 421.101. DEFINITIONS. In this subchapter: |
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| 13 | 13 | | (1) "Border county" means a county that: |
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| 14 | 14 | | (A) borders the United Mexican States; or |
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| 15 | 15 | | (B) is adjacent to a county that borders the |
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| 16 | 16 | | United Mexican States. |
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| 17 | 17 | | (2) "Texas Anti-Gang Center" means a Texas Anti-Gang |
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| 18 | 18 | | Center that is wholly or partly funded through the office of the |
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| 19 | 19 | | governor. |
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| 20 | 20 | | Sec. 421.102. BORDER COUNTY SHERIFFS' LIAISON AND TEXAS |
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| 21 | 21 | | ANTI-GANG CENTERS' LIAISON. (a) The governor shall appoint the |
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| 22 | 22 | | sheriff of a border county to serve as the border county sheriffs' |
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| 23 | 23 | | liaison. |
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| 24 | 24 | | (b) The governor shall appoint the executive head of a Texas |
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| 25 | 25 | | Anti-Gang Center to serve as the Texas Anti-Gang Centers' liaison. |
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| 26 | 26 | | (c) A liaison appointed under Subsection (a) or (b) serves a |
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| 27 | 27 | | two-year term. |
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| 28 | 28 | | (d) A liaison appointed under Subsection (a) or (b) may |
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| 29 | 29 | | designate another individual to act as the liaison. |
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| 30 | 30 | | (e) Each liaison appointed under this section shall work |
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| 31 | 31 | | with each other and with the following individual and entities |
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| 32 | 32 | | regarding interagency coordination, communication, and cooperation |
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| 33 | 33 | | on border enforcement-related matters and activities: |
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| 34 | 34 | | (1) the Special Advisor to the Governor on Border |
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| 35 | 35 | | Matters; |
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| 36 | 36 | | (2) the Texas Department of Public Safety; |
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| 37 | 37 | | (3) the Texas Military Department; and |
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| 38 | 38 | | (4) the Texas Division of Emergency Management. |
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| 39 | 39 | | Sec. 421.103. INTEROPERABLE COMMUNICATION SYSTEM. Each |
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| 40 | 40 | | sheriff's department for a border county and each Texas Anti-Gang |
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| 41 | 41 | | Center shall, with money appropriated by the state, acquire the |
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| 42 | 42 | | technology necessary to implement, and shall implement, a |
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| 43 | 43 | | multimedia interoperable communication system that enables |
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| 44 | 44 | | real-time communication and sharing of information between: |
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| 45 | 45 | | (1) each sheriff's department for a border county; |
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| 46 | 46 | | (2) each Texas Anti-Gang Center; |
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| 47 | 47 | | (3) the Texas Department of Public Safety; |
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| 48 | 48 | | (4) the Texas Military Department; and |
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| 49 | 49 | | (5) the Texas Division of Emergency Management. |
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| 50 | 50 | | Sec. 421.104. TEXAS BORDER ENFORCEMENT VOLUNTEER PROGRAM. |
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| 51 | 51 | | (a) This section applies only to a sheriff's department for a |
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| 52 | 52 | | county that borders the United Mexican States. |
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| 53 | 53 | | (b) The sheriff of each county to which this section applies |
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| 54 | 54 | | shall establish and supervise in the county the Texas border |
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| 55 | 55 | | enforcement volunteer program. |
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| 56 | 56 | | (c) The sheriff shall appoint volunteers for the program to: |
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| 57 | 57 | | (1) assist the sheriff's department in monitoring the |
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| 58 | 58 | | portion of the Texas-Mexico border adjacent to the county; |
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| 59 | 59 | | (2) identify the unlawful entry of individuals or |
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| 60 | 60 | | objects at a location other than a port of entry; and |
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| 61 | 61 | | (3) communicate the location of the unlawful entry and |
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| 62 | 62 | | other information necessary to assist the sheriff's department in |
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| 63 | 63 | | arresting or detaining the individual or interdicting the object. |
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| 64 | 64 | | (d) The sheriff may not appoint an individual to be a |
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| 65 | 65 | | volunteer unless the individual: |
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| 66 | 66 | | (1) has been a resident of the county for at least the |
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| 67 | 67 | | four years preceding the date of appointment; |
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| 68 | 68 | | (2) has not been convicted of a felony; |
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| 69 | 69 | | (3) is at least 21 years of age; and |
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| 70 | 70 | | (4) is determined by the sheriff to be an individual of |
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| 71 | 71 | | upstanding moral character in the county. |
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| 72 | 72 | | (e) A volunteer may not arrest or detain an individual. |
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| 73 | 73 | | (f) A volunteer shall carry and display identification that |
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| 74 | 74 | | states the volunteer's name and that the volunteer has been |
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| 75 | 75 | | appointed as a volunteer for the program. |
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| 76 | 76 | | (g) A volunteer is not entitled to compensation for any act |
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| 77 | 77 | | performed in the course of the volunteer's duties under the |
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| 78 | 78 | | program. |
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| 79 | 79 | | (h) A sheriff's department may provide a volunteer with |
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| 80 | 80 | | equipment, including equipment that enables the volunteer to share |
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| 81 | 81 | | information through the interoperable communication system |
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| 82 | 82 | | implemented under Section 421.103. |
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| 83 | 83 | | SECTION 2. On the effective date of this Act: |
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| 84 | 84 | | (1) the amount of $19,500,000 is appropriated from the |
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| 85 | 85 | | general revenue fund to the comptroller of public accounts for the |
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| 86 | 86 | | purpose of immediately distributing $500,000 to each sheriff's |
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| 87 | 87 | | department for a border county as defined by Section 421.101, |
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| 88 | 88 | | Government Code, as added by this Act, and each Texas Anti-Gang |
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| 89 | 89 | | Center, as defined by that section, for the purposes described by |
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| 90 | 90 | | Section 421.103, Government Code, as added by this Act; and |
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| 91 | 91 | | (2) the amount of $7,000,000 is appropriated from the |
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| 92 | 92 | | general revenue fund to the comptroller of public accounts for the |
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| 93 | 93 | | purpose of immediately distributing $500,000 to each sheriff's |
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| 94 | 94 | | department for a county to which Section 421.104, Government Code, |
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| 95 | 95 | | as added by this Act, applies for the purposes described by that |
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| 96 | 96 | | section. |
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| 97 | 97 | | SECTION 3. Not later than March 1, 2024, the governor shall |
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| 98 | 98 | | appoint a border county sheriffs' liaison and a Texas Anti-Gang |
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| 99 | 99 | | Centers' liaison as required by Section 421.102, Government Code, |
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| 100 | 100 | | as added by this Act, to begin terms of office that begin on March 1, |
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| 101 | 101 | | 2024. |
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| 102 | 102 | | SECTION 4. Not later than August 1, 2024, a sheriff's |
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| 103 | 103 | | department for a border county as defined by Section 421.101, |
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| 104 | 104 | | Government Code, as added by this Act, shall implement the |
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| 105 | 105 | | interoperable communication system as required by Section 421.103, |
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| 106 | 106 | | Government Code, as added by this Act. |
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| 107 | 107 | | SECTION 5. Not later than August 1, 2024, the sheriff for a |
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| 108 | 108 | | county to which Section 421.104, Government Code, as added by this |
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| 109 | 109 | | Act, applies shall establish the Texas border enforcement volunteer |
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| 110 | 110 | | program in that county as required by that section. |
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| 111 | 111 | | SECTION 6. This Act takes effect on the 91st day after the |
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| 112 | 112 | | last day of the legislative session. |
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