| 1 | 1 | | 88S40116 CJC-D |
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| 2 | 2 | | By: Raymond H.B. No. 98 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the recovery by the attorney general from the federal |
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| 8 | 8 | | government of certain border security expenditures. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 402, Government Code, is |
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| 11 | 11 | | amended by adding Section 402.0211 to read as follows: |
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| 12 | 12 | | Sec. 402.0211. RECOVERY OF CERTAIN BORDER SECURITY |
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| 13 | 13 | | EXPENDITURES. (a) The attorney general shall, not later than the |
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| 14 | 14 | | 30th day after the beginning of each state fiscal biennium: |
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| 15 | 15 | | (1) determine the amount of money spent by this state |
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| 16 | 16 | | on border security during the preceding state fiscal biennium; |
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| 17 | 17 | | (2) prepare an invoice requesting payment of the |
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| 18 | 18 | | amount determined under Subdivision (1); and |
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| 19 | 19 | | (3) submit the invoice prepared under Subdivision (2) |
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| 20 | 20 | | to the appropriate agency of the federal government for payment. |
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| 21 | 21 | | (b) The attorney general may request the assistance of the |
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| 22 | 22 | | Legislative Budget Board in making the determination required under |
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| 23 | 23 | | Subsection (a)(1), and the Legislative Budget Board shall provide |
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| 24 | 24 | | the requested assistance. |
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| 25 | 25 | | (c) An invoice submitted under Subsection (a)(3) must |
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| 26 | 26 | | include the date the invoice is due, which must be at least six, but |
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| 27 | 27 | | not more than eight, months after the date the invoice is submitted. |
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| 28 | 28 | | (d) If an invoice submitted under Subsection (a)(3) is paid |
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| 29 | 29 | | on or before the date the invoice is due, the attorney general shall |
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| 30 | 30 | | deposit the payment in the state treasury to the credit of the |
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| 31 | 31 | | general revenue fund. |
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| 32 | 32 | | (e) If an invoice submitted under Subsection (a)(3) is not |
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| 33 | 33 | | timely paid, the attorney general shall bring an action against the |
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| 34 | 34 | | appropriate agency of the federal government to recover the amount |
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| 35 | 35 | | due as stated on the invoice. |
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| 36 | 36 | | (f) The attorney general shall deposit any money received as |
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| 37 | 37 | | a result of an action brought under Subsection (e) in the state |
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| 38 | 38 | | treasury to the credit of the general revenue fund. |
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| 39 | 39 | | (g) Notwithstanding any provision of Subsection (a) to the |
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| 40 | 40 | | contrary, for the state fiscal biennium ending August 31, 2023: |
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| 41 | 41 | | (1) the attorney general shall take the actions |
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| 42 | 42 | | described by Subsection (a) not later than March 1, 2024; and |
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| 43 | 43 | | (2) for purposes of Subsection (a)(1), the attorney |
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| 44 | 44 | | general shall determine the amount of money spent by this state on |
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| 45 | 45 | | border security to be the lesser of: |
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| 46 | 46 | | (A) the amount of money spent by this state for |
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| 47 | 47 | | that purpose during the period beginning September 1, 2001, and |
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| 48 | 48 | | ending August 31, 2023; or |
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| 49 | 49 | | (B) $20 billion. |
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| 50 | 50 | | (h) Subsection (g) and this subsection expire August 31, |
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| 51 | 51 | | 2025. |
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| 52 | 52 | | SECTION 2. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect on the 91st day after the last day of the |
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| 57 | 57 | | legislative session. |
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