By: Lopez of Cameron H.B. No. 80
A BILL TO BE ENTITLED
AN ACT
relating to border protection and economic development services,
programs, and other measures, including establishing educational
programs and the border protection unit, in this state to address
certain issues affecting the border region, including
transnational and other criminal activity and public health
threats.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. LEGISLATIVE FINDING
SECTION 1.01. 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.
ARTICLE 2. BORDER PROTECTION AGREEMENTS
SECTION 2.01. 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. 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.
ARTICLE 3. BORDER REGION COURT PROGRAM
SECTION 3.01. Chapter 72, Government Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. BORDER PROTECTION COURT GRANT PROGRAM
Sec. 72.201. DEFINITIONS. In this subchapter:
(1) "Border-related offense" means an offense:
(A) associated with or involving:
(i) a person unlawfully entering or
attempting to enter this state by crossing the Texas-Mexico border
at any place other than at a port of entry;
(ii) the smuggling of individuals or
contraband across the Texas-Mexico border; or
(iii) an operative of a transnational
cartel;
(B) similar to an offense described by Paragraph
(A) that the office by rule defines as a border-related offense for
purposes of this subchapter; or
(C) for which the office has determined
prosecutions have significantly increased as a result of Operation
Lone Star.
(2) "Border region" has the meaning assigned by
Section 772.0071.
Sec. 72.202. GRANT PROGRAM. (a) From money appropriated
for that purpose, the office shall establish and administer a grant
program to support the operation of courts in the border region with
the adjudication of border-related offenses.
(b) In addition to other funds appropriated by the
legislature and for purposes of administering and funding the grant
program, the office may:
(1) seek and apply for any available federal funds;
and
(2) solicit and accept gifts, grants, and donations
from any other source, public or private, as necessary to ensure
resources are available to achieve the purpose described by
Subsection (a).
(c) The grants awarded under this subchapter may be used for
the reimbursement of costs associated with the operation of a
court, including the:
(1) salary of a visiting judge appointed under Chapter
74;
(2) salary and benefits of an associate judge, court
coordinator, court administrator, court reporter, and court
interpreter;
(3) salary and benefits of district and county clerk
staff;
(4) travel costs and other expenses incurred by court
personnel and judges in the performance of their duties;
(5) cost of equipment necessary for personnel
dedicated to the processing and adjudicating of border-related
offenses; or
(6) fees and related expenses for the appointment of
counsel to represent an indigent defendant under Chapter 26, Code
of Criminal Procedure, or the costs to operate a public defender's
office or managed assigned counsel program under that chapter, as
those fees and expenses relate to the adjudication of
border-related offenses.
Sec. 72.203. RULES. (a) The office shall adopt rules for
the administration and operation of the grant program established
under this subchapter.
(b) In adopting the rules, the office shall:
(1) conduct a study of the data collected for this
purpose or otherwise available on crime, arrests, detentions, and
convictions to identify offenses for which prosecutions have
increased as a result of Operation Lone Star; and
(2) solicit from governmental officials, community
leaders, and other interested persons in the border region
information necessary to identify the courts of the region needing
financial assistance.
(c) The rules must include:
(1) administrative provisions for grants awarded
under this subchapter, including:
(A) eligibility criteria for grant applicants,
including criteria to limit eligibility to those applicants
experiencing an increase in caseloads;
(B) grant application procedures;
(C) guidelines relating to grant amounts;
(D) procedures for evaluating grant
applications; and
(E) procedures for monitoring the use of grants;
(2) methods for tracking the effectiveness of grants
and the efficiency of the applicants receiving grants; and
(3) procedures for reporting caseload data at least
annually, including caseload data necessary to update the study
described by Section 72.2055.
Sec. 72.204. GRANT AMOUNTS. The amount of a grant awarded
under this section may not exceed the amount set by the General
Appropriations Act.
Sec. 72.205. REPORTING REQUIREMENTS FOR GRANT RECIPIENTS.
The recipient of a grant awarded under this subchapter shall submit
to the office an annual report on the grant money spent during the
year covered by the report and the purposes for which that money
was spent.
Sec. 72.2055. ANNUAL REPORT BY OFFICE. Annually, the
office shall update the study conducted under Section 72.203(b)(1)
using caseload data required to be reported under the rules adopted
under Section 72.203(c).
Sec. 72.206. 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 the grant program.
SECTION 3.02. As soon as practicable after the effective
date of this Act, the Office of Court Administration of the Texas
Judicial System shall with respect to Subchapter H, Chapter 72,
Government Code, as added by this Act:
(1) adopt rules as necessary to implement the
subchapter; and
(2) establish the grant program required by the
subchapter.
ARTICLE 4. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,
EQUIPMENT, AND SERVICES IN THE BORDER REGION
SECTION 4.01. 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 10 years of age or older,
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,
fences, wires, roads, trenches, surveillance technology, or other
improvements, designed or adapted to surveil or impede the movement
of persons or objects across the Texas-Mexico border at locations
other than ports of entry;
(5) the construction of improvements to an area in the
immediate vicinity of a port of entry to enhance vehicle inspection
capabilities and assist in the investigation, interdiction, and
prosecution of persons smuggling individuals or contraband across
the Texas-Mexico border; and
(6) 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.
Sec. 421.113. FEDERAL FUNDS; GIFTS, GRANTS, AND DONATIONS.
In addition to funds appropriated by the legislature and for
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 source, public or private.
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 reports on an interval prescribed by the office
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 division 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 4.02. 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 5. DISPOSITION OF CERTAIN FORFEITED PROPERTY
SECTION 5.01. 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 5.02. 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 landowner
compensation program established under Chapter 56C.
ARTICLE 6. EDUCATIONAL PROGRAM
SECTION 6.01. Chapter 61, Education Code, is amended by
adding Subchapter D-1 to read as follows:
SUBCHAPTER D-1. BORDER INSTITUTION GRANT PROGRAM
Sec. 61.101. BORDER INSTITUTION GRANT PROGRAM. (a) In this
subchapter, "border region" has the meaning assigned by Section
772.0071, Government Code.
(b) Subject to the availability of funds, the board shall
establish a border institution grant program under which the board
awards financial assistance to institutions of higher education
located in the border region that administer innovative programs
designed to:
(1) recruit, train, retain, or otherwise increase the
number of professionals in fields related to border safety or
affected by ongoing criminal activity and public health threats to
the border region, as determined by board rule, including by
providing a salary increase or stipend to a faculty member who
provides instruction to additional students in a degree or
certificate program that graduates those professionals; and
(2) conduct research in areas of study related to
border safety or the effects of ongoing criminal activity and
public health threats to the border region.
Sec. 61.102. FEDERAL FUNDS AND GIFTS, GRANTS, AND
DONATIONS. In addition to other funds appropriated by the
legislature and for the purposes described by Section 61.101, the
board may:
(1) seek and apply for any available federal funds;
and
(2) solicit and accept gifts, grants, and donations
from any other source, public or private, as necessary to ensure
effective implementation of the grant program established under
this subchapter.
Sec. 61.103. RULES. (a) The board shall adopt rules for
the administration of the grant program established under this
subchapter. In adopting the rules, the board shall solicit, from
border region officials, community leaders in the border region,
and other stakeholders, information necessary to identify
innovative programs anticipated to produce the best outcomes and
serve the greatest need.
(b) The rules must include:
(1) administrative provisions for grants awarded
under this subchapter, including:
(A) eligibility criteria for institutions of
higher education, including a requirement that the institution
demonstrate regional and state workforce need;
(B) grant application procedures;
(C) guidelines relating to grant amounts;
(D) procedures for evaluating grant
applications; and
(E) procedures for monitoring the use of grants;
and
(2) methods for tracking the effectiveness of grants
that:
(A) using data reasonably available to the board,
consider relevant information regarding the career paths of
professionals described by Section 61.101 during the four-year
period following their graduation; and
(B) evaluate whether and for how long those
professionals practice in a field described by Section 61.101 in
this state.
Sec. 61.104. AWARD OF GRANTS. In awarding grants under this
subchapter, the board shall give priority to applicants that
propose to:
(1) enhance or leverage existing degree programs that
graduate professionals described by Section 61.101;
(2) establish or maintain a program that serves a
rural or underserved area;
(3) partner with another institution of higher
education to develop a joint program;
(4) establish or maintain a program that incentivizes
professionals described by Section 61.101 to serve in their field
or a related field of study for at least three consecutive years
following graduation; and
(5) establish or maintain a degree or certificate
program to educate professionals in specialties that face
significant workforce shortages, including those described by
Section 61.101.
Sec. 61.105. GRANT AMOUNTS. The amount of a grant awarded
under this subchapter may not exceed an amount specified in the
General Appropriations Act.
Sec. 61.106. REPORTING REQUIREMENTS. An institution of
higher education that receives a grant awarded under this
subchapter shall submit to the board an annual report on the amounts
and purposes for which grant money was spent during the year covered
by the report.
Sec. 61.107. ADMINISTRATIVE COSTS. Unless otherwise
provided by the appropriation, the board 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 6.02. (a) As soon as practicable after the
effective date of this Act, the Texas Higher Education Coordinating
Board shall adopt rules for the implementation and administration
of the border institution grant program established under
Subchapter D-1, Chapter 61, Education Code, as added by this Act.
(b) Not later than September 1, 2024, the Texas Higher
Education Coordinating Board shall establish the border
institution grant program required by Subchapter D-1, Chapter 61,
Education Code, as added by this Act, and shall begin to award
grants under the program as soon as practicable after the program is
established.
ARTICLE 7. ECONOMIC DEVELOPMENT INITIATIVE
SECTION 7.01. Chapter 481, Government Code, is amended by
adding Subchapter Q to read as follows:
SUBCHAPTER Q. BORDER PROTECTION ECONOMIC DEVELOPMENT INITIATIVE
Sec. 481.241. DEFINITION. In this subchapter, "border
region" has the meaning assigned by Section 772.0071.
Sec. 481.242. CAMPAIGN FOR BUSINESSES AND TOURISM. (a) In
consultation with stakeholders in the border region, the office
shall develop and execute a campaign to:
(1) attract domestic and foreign entities to:
(A) locate the headquarters of those entities in
the border region; or
(B) expand the entities' operations to the border
region;
(2) support and promote tourism in the border region;
and
(3) support institutions and initiatives in the border
region that create an environment conducive to starting or
operating a company whose primary business is providing homeland
security technology or services.
(b) The office may coordinate with and assist any
municipality, county, or other political subdivision in supporting
or promoting the purposes described by Subsection (a).
Sec. 481.243. TARGETED RESEARCH AND OUTREACH; SUPPORTIVE
PROGRAMS. (a) In developing and executing the campaign described
by Section 481.242, the office shall identify and research
particular companies and types of companies with a high potential
of commercial success if the companies were to operate in the border
region.
(b) For each company identified under Subsection (a), the
office shall develop and execute a campaign to attract the company
to locate its headquarters or expand operations into the border
region.
(c) For a type of company identified under Subsection (a),
the office shall create programs for supporting the formation of
new companies in the border region of that type, excluding direct
financial incentives to the company.
Sec. 481.244. GIFTS, GRANTS, AND DONATIONS. In addition to
funds appropriated, credited, or transferred by the legislature for
the purposes of this subchapter, the office shall:
(1) seek and apply for any available federal funds;
and
(2) solicit and accept gifts, grants, and donations
from any other source, public or private, as necessary to ensure
effective implementation of this subchapter.
Sec. 481.245. ANNUAL REPORT. Not later than December 31 of
each year, the office shall report to the legislature on the
activities of the office under this subchapter.
Sec. 481.246. 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 the purposes of this subchapter to administer this
subchapter.
ARTICLE 8. BORDER PROTECTION PROGRAM OF DEPARTMENT OF PUBLIC
SAFETY
SECTION 8.01. Article 2.12, Code of Criminal Procedure, is
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:
(A) the Public Safety Commission; and
(B) either:
(i) the Director of the Department of
Public Safety; or
(ii) the unit chief of the Border
Protection Unit;
(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.
SECTION 8.02. Section 411.002(a), Government Code, is
amended to read as follows:
(a) The Department of Public Safety of the State of Texas is
an agency of the state to enforce the laws protecting the public
safety, [and] provide for the prevention and detection of crime,
and defend and secure the state's air, maritime, and land borders.
The department is composed of the Texas Rangers, the Texas Highway
Patrol, the Border Protection Unit, the administrative division,
and other divisions that the commission considers necessary.
SECTION 8.03. Section 411.004, Government Code, is amended
to read as follows:
Sec. 411.004. DUTIES AND POWERS OF COMMISSION. The
commission shall:
(1) formulate plans and policies for:
(A) enforcement of state criminal, traffic, and
safety laws;
(B) prevention of crime;
(C) detection and apprehension of persons who
violate laws; [and]
(D) education of citizens of this state in the
promotion of public safety and the observance of law; and
(E) defense and security of this state's air,
maritime, and land borders;
(2) organize the department and supervise its
operation;
(3) adopt rules considered necessary for carrying out
the department's work;
(4) maintain records of all proceedings and official
orders; and
(5) biennially submit a report of its work to the
governor and legislature, including the commission's and director's
recommendations.
SECTION 8.04. Section 411.006(a), Government Code, is
amended to read as follows:
(a) Subject to Section 411.556, the [The] director shall:
(1) be directly responsible to the commission for the
conduct of and act as executive director of the Texas Highway
Patrol, the Texas Rangers, and other administrative divisions and
departments assigned by the commission, other than the Border
Protection Unit [the department's affairs];
(2) [act as executive director of the department;
[(3)] act with the commission in an advisory capacity,
without vote;
(3) [(4)] adopt rules, subject to commission
approval, considered necessary for the control of the department;
(4) [(5)] issue commissions as law enforcement
officers, under the commission's direction, to all members of the
Texas Rangers and the Texas Highway Patrol and to other officers of
the department;
(5) [(6)] appoint, with the advice and consent of the
commission, the head of a division or bureau provided for by this
chapter;
(6) [(7)] quarterly, annually, and biennially submit
to the commission detailed reports of the operation of the
department, including statements of its expenditures; and
(7) [(8)] prepare, swear to, submit to the governor,
and file in the department'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.
SECTION 8.05. Section 411.007(a), Government Code, is
amended to read as follows:
(a) Subject to the provisions of this chapter, the director
may appoint, promote, reduce, suspend, or discharge any officer or
employee of the department, other than an officer or employee of the
Border Protection Unit.
SECTION 8.06. Section 411.017(a), Government Code, is
amended to read as follows:
(a) A person commits an offense if, without the director's
authorization, the person:
(1) manufactures, sells, or possesses a badge,
identification card, or other item bearing a department insignia or
an insignia deceptively similar to the department's;
(2) makes a copy or likeness of a badge,
identification card, or department insignia, with intent to use or
allow another to use the copy or likeness to produce an item bearing
the department insignia or an insignia deceptively similar to the
department's; or
(3) uses the term "Texas Department of Public Safety,"
"Department of Public Safety," "Texas Ranger," [or] "Texas Highway
Patrol," or "Border Protection Unit" in connection with an object,
with the intent to create the appearance that the object belongs to
or is being used by the department.
SECTION 8.07. Chapter 411, Government Code, is amended by
adding Subchapter S to read as follows:
SUBCHAPTER S. BORDER PROTECTION UNIT
Sec. 411.551. DEFINITIONS. In this subchapter:
(1) "Border region" has the meaning assigned by
Section 772.0071.
(2) "Unit" means the Border Protection Unit.
(3) "Unit chief" means the person appointed under
Section 411.555 as the unit chief.
Sec. 411.552. BORDER PROTECTION UNIT; TERM OF
AUTHORIZATION. (a) The unit is a division under the commission
consisting of the number of commissioned officers and other
employees authorized by the legislature.
(b) The unit is subject to appropriations by the legislature
and, unless continued in existence by the legislature, is abolished
December 31, 2030.
(c) This subchapter expires December 31, 2030.
Sec. 411.553. LIMITATION ON CERTAIN POWERS. The unit and
the department, as applicable, may provide law enforcement services
as authorized by this subchapter, including Sections 411.0095,
411.560(b), and 411.563, in a county in the border region only to
the extent authorized in writing by the commissioners court of that
county.
Sec. 411.554. HEADQUARTERS. The unit must be headquartered
in the border region.
Sec. 411.555. UNIT CHIEF. (a) The governor shall appoint a
United States citizen to serve as the unit chief of the Border
Protection Unit. The unit chief serves until removed by the
governor.
(b) The unit chief may appoint, with the advice and consent
of the commission, deputy unit chiefs and assistant unit chiefs who
shall perform the duties that the unit chief designates. Deputy
unit chiefs and assistant unit chiefs serve until removed by the
unit chief.
(c) The unit chief, deputy unit chiefs, and assistant unit
chiefs are entitled to annual salaries as provided by the
legislature.
Sec. 411.556. GENERAL POWERS AND DUTIES OF UNIT AND UNIT
CHIEF. (a) The unit chief shall:
(1) be directly responsible to the commission for all
conduct of the unit, but may be removed only by the governor under
Section 411.555;
(2) act as the executive director of the unit;
(3) act with the commission in an advisory capacity,
without vote;
(4) adopt rules, subject to commission approval,
considered necessary for the control and general administration of
the unit, including rules governing the procurement of facilities
and equipment for the unit and the training and working conditions
for unit personnel;
(5) issue commissions as law enforcement officers,
under the commission's direction, to members of the unit;
(6) create as necessary, with the advice and consent
of the commission, operational or administrative divisions within
the unit and appoint heads of those divisions;
(7) employ as necessary commissioned officers and
other employees to perform unit operations and functions;
(8) quarterly, annually, and biennially submit to the
commission detailed reports of the operation of the unit, including
statements of its expenditures; and
(9) prepare, swear to, submit to the governor, and
file in the unit'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 unit chief or unit chief's designee shall provide to
members of the commission and to employees of the unit, 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.
(c) Subject to Subsection (d), the following provisions
apply to the unit chief with respect to the unit in the same manner
as the provisions apply to the director with respect to the
department or, as applicable, apply to the unit when acting at the
direction of the unit chief in the same manner as the provisions
apply to the department when acting at the direction of the
director:
(1) Section 411.007;
(2) Section 411.0071;
(3) Section 411.0075;
(4) Section 411.0079;
(5) Section 411.009;
(6) Section 411.0095;
(7) Section 411.0097, as added by Section 3, Chapter
556 (H.B. 1239), Acts of the 79th Legislature, Regular Session,
2005;
(8) Section 411.0097, as added by Section 1, Chapter
693 (S.B. 293), Acts of the 79th Legislature, Regular Session,
2005;
(9) Section 411.0098;
(10) Section 411.013(b);
(11) Section 411.0131;
(12) Section 411.0132;
(13) Section 411.0141(e);
(14) Section 411.015;
(15) Section 411.016;
(16) Section 411.0161;
(17) Section 411.0162;
(18) Section 411.0163;
(19) Section 411.0164;
(20) Section 411.017;
(21) Section 411.018;
(22) Sections 411.0207(c)(1)-(5);
(23) Sections 411.0208(d) and (e);
(24) Section 411.0209;
(25) Section 411.02095;
(26) Section 411.0865;
(27) Section 411.087(e);
(28) Section 411.0891; and
(29) Section 411.154.
(d) The director may not exercise any operational or
administrative control over the unit chief or the unit. The unit
chief may not exercise any operational or administrative control
over the director or the department, other than the unit.
(e) The unit is a criminal justice agency for purposes of
this chapter.
(f) The unit is a law enforcement agency for purposes of
Section 411.1471(b).
(g) The unit may assist local law enforcement with the
investigation of crime.
Sec. 411.557. OFFICE OF AUDIT AND REVIEW FOR UNIT. The
governor shall establish the office of audit and review within the
unit and appoint the director of the office to perform the duties
under Subchapter I with respect to the unit. The director of the
office of audit and review of the unit shall serve until removed by
the governor.
Sec. 411.558. INSPECTOR GENERAL FOR UNIT. (a) The governor
shall establish the office of the inspector general within the unit
and appoint the inspector general of the unit who shall perform with
respect to the unit the duties of Subchapter I-1 or as may be
provided by other law. The inspector general of the unit shall
serve until removed by the governor.
(b) The inspector general of the unit is responsible for:
(1) preparing and delivering assessments concerning
the administration of the unit to the governor, the legislature,
and the unit chief;
(2) acting to prevent and detect serious breaches of
unit policy, fraud, and abuse of office, including any acts of
criminal conduct within the unit; 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 unit;
(C) allegations of wrongdoing by unit employees;
(D) crimes committed on unit property; and
(E) serious breaches of unit policy.
Sec. 411.559. OFFICERS; OTHER EMPLOYEES. (a) The unit
chief may employ commissioned officers meeting the qualifications
described by Section 411.561 to perform the duties of the unit.
Those officers are entitled to compensation as provided by the
legislature and must be recruited and trained within the border
region to the extent practicable.
(b) The unit chief may employ individuals who are not
officers as necessary to carry out the duties of the unit.
(c) Subject to the provisions of this chapter, the unit
chief may appoint, promote, reduce, suspend, or discharge any
officer or employee of the unit.
Sec. 411.5591. USE OF PERSONAL VEHICLE PROHIBITED.
Notwithstanding any other provision of this subchapter, an officer
or other employee of the unit 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.
Sec. 411.560. AUTHORITY OF OFFICERS. (a) A commissioned
officer of the unit 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 the border region.
(b) A commissioned officer of the unit 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, including with the use of non-deadly crowd control
measures.
Sec. 411.561. QUALIFICATIONS. (a) To be a commissioned
officer of the unit, a person must hold a peace officer license
issued under Chapter 1701, Occupations Code, and meet any other
qualifications set by the commission.
(a-1) The unit chief 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.
(a-2) For purposes of Subsection (a-1):
(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.
(b) The unit 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. 411.562. FACILITIES AND EQUIPMENT; TRAINING. The unit
shall acquire equipment and facilities and conduct training
necessary to fulfill the operational, intelligence, communication,
logistics, and administrative duties provided by this chapter and
the unit chief.
Sec. 411.563. LAW ENFORCEMENT BORDER PROTECTION FUNCTIONS.
The unit chief and director may order commissioned officers under
their 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) return aliens to Mexico 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. 411.564. STRATEGIC PLAN TO COORDINATE BORDER SECURITY.
(a) The unit shall develop and recommend to the governor and report
to the legislature a strategic plan that establishes the framework
for the budget and operations of the unit, including homeland
security strategies and the assistance of other state and local
entities. The unit shall annually report to the governor and the
legislature on the implementation of the strategic plan.
(b) The unit shall include in the strategic plan goals,
objectives, and performance measures that involve collaboration
with other state agencies and local entities.
(c) The unit shall create plans and conduct operations
consistent with the strategic plan.
SECTION 8.08. As soon as practicable after the effective
date of this Act, the governor shall appoint the unit chief as
prescribed by Section 411.555, Government Code, as added by this
Act.
ARTICLE 9. SEVERABILITY
SECTION 9.01. (a) If any provision of this Act or its
application to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of this
Act that can be given effect without the invalid provision or
application, and to this end the provisions of this Act are declared
to be severable.
(b) Subsection (a) of this section does not affect another
severability provision contained in this Act.
ARTICLE 10. EFFECTIVE DATE
SECTION 10.01. 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.