Texas 2023 - 88th 4th C.S.

Texas House Bill HB77 Latest Draft

Bill / Introduced Version Filed 11/08/2023

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                            By: Lopez of Cameron H.B. No. 77


 A BILL TO BE ENTITLED
 AN ACT
 relating to the establishment of the Texas border enforcement
 coordination program; making appropriations.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 421, Government Code, is amended by
 adding Subchapter G to read as follows:
 SUBCHAPTER G. TEXAS BORDER ENFORCEMENT COORDINATION PROGRAM
 Sec. 421.101.  DEFINITIONS. In this subchapter:
 (1)  "Border county" means a county that:
 (A)  borders the United Mexican States; or
 (B)  is adjacent to a county that borders the
 United Mexican States.
 (2)  "Texas Anti-Gang Center" means a Texas Anti-Gang
 Center that is wholly or partly funded through the office of the
 governor.
 Sec. 421.102.  BORDER COUNTY SHERIFFS' LIAISON AND TEXAS
 ANTI-GANG CENTERS' LIAISON. (a) The governor shall appoint the
 sheriff of a border county to serve as the border county sheriffs'
 liaison.
 (b)  The governor shall appoint the executive head of a Texas
 Anti-Gang Center to serve as the Texas Anti-Gang Centers' liaison.
 (c)  A liaison appointed under Subsection (a) or (b) serves a
 two-year term.
 (d)  A liaison appointed under Subsection (a) or (b) may
 designate another individual to act as the liaison.
 (e)  Each liaison appointed under this section shall work
 with each other and with the following individual and entities
 regarding interagency coordination, communication, and cooperation
 on border enforcement-related matters and activities:
 (1)  the Special Advisor to the Governor on Border
 Matters;
 (2)  the Texas Department of Public Safety;
 (3)  the Texas Military Department; and
 (4)  the Texas Division of Emergency Management.
 Sec. 421.103.  INTEROPERABLE COMMUNICATION SYSTEM. Each
 sheriff's department for a border county and each Texas Anti-Gang
 Center shall, with money appropriated by the state, acquire the
 technology necessary to implement, and shall implement, a
 multimedia interoperable communication system that enables
 real-time communication and sharing of information between:
 (1)  each sheriff's department for a border county;
 (2)  each Texas Anti-Gang Center;
 (3)  the Texas Department of Public Safety;
 (4)  the Texas Military Department; and
 (5)  the Texas Division of Emergency Management.
 Sec. 421.104.  TEXAS BORDER ENFORCEMENT VOLUNTEER PROGRAM.
 (a) This section applies only to a sheriff's department for a
 county that borders the United Mexican States.
 (b)  The sheriff of each county to which this section applies
 shall establish and supervise in the county the Texas border
 enforcement volunteer program.
 (c)  The sheriff shall appoint volunteers for the program to:
 (1)  assist the sheriff's department in monitoring the
 portion of the Texas-Mexico border adjacent to the county;
 (2)  identify the unlawful entry of individuals or
 objects at a location other than a port of entry; and
 (3)  communicate the location of the unlawful entry and
 other information necessary to assist the sheriff's department in
 arresting or detaining the individual or interdicting the object.
 (d)  The sheriff may not appoint an individual to be a
 volunteer unless the individual:
 (1)  has been a resident of the county for at least the
 four years preceding the date of appointment;
 (2)  has not been convicted of a felony;
 (3)  is at least 21 years of age; and
 (4)  is determined by the sheriff to be an individual of
 upstanding moral character in the county.
 (e)  A volunteer may not arrest or detain an individual.
 (f)  A volunteer shall carry and display identification that
 states the volunteer's name and that the volunteer has been
 appointed as a volunteer for the program.
 (g)  A volunteer is not entitled to compensation for any act
 performed in the course of the volunteer's duties under the
 program.
 (h)  A sheriff's department may provide a volunteer with
 equipment, including equipment that enables the volunteer to share
 information through the interoperable communication system
 implemented under Section 421.103.
 SECTION 2.  On the effective date of this Act:
 (1)  the amount of $19,500,000 is appropriated from the
 general revenue fund to the comptroller of public accounts for the
 purpose of immediately distributing $500,000 to each sheriff's
 department for a border county as defined by Section 421.101,
 Government Code, as added by this Act, and each Texas Anti-Gang
 Center, as defined by that section, for the purposes described by
 Section 421.103, Government Code, as added by this Act; and
 (2)  the amount of $7,000,000 is appropriated from the
 general revenue fund to the comptroller of public accounts for the
 purpose of immediately distributing $500,000 to each sheriff's
 department for a county to which Section 421.104, Government Code,
 as added by this Act, applies for the purposes described by that
 section.
 SECTION 3.  Not later than March 1, 2024, the governor shall
 appoint a border county sheriffs' liaison and a Texas Anti-Gang
 Centers' liaison as required by Section 421.102, Government Code,
 as added by this Act, to begin terms of office that begin on March 1,
 2024.
 SECTION 4.  Not later than August 1, 2024, a sheriff's
 department for a border county as defined by Section 421.101,
 Government Code, as added by this Act, shall implement the
 interoperable communication system as required by Section 421.103,
 Government Code, as added by this Act.
 SECTION 5.  Not later than August 1, 2024, the sheriff for a
 county to which Section 421.104, Government Code, as added by this
 Act, applies shall establish the Texas border enforcement volunteer
 program in that county as required by that section.
 SECTION 6.  This Act takes effect on the 91st day after the
 last day of the legislative session.