88S40116 CJC-D
By: Raymond H.B. No. 98
A BILL TO BE ENTITLED
AN ACT
relating to the recovery by the attorney general from the federal
government of certain border security expenditures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.0211 to read as follows:
Sec. 402.0211. RECOVERY OF CERTAIN BORDER SECURITY
EXPENDITURES. (a) The attorney general shall, not later than the
30th day after the beginning of each state fiscal biennium:
(1) determine the amount of money spent by this state
on border security during the preceding state fiscal biennium;
(2) prepare an invoice requesting payment of the
amount determined under Subdivision (1); and
(3) submit the invoice prepared under Subdivision (2)
to the appropriate agency of the federal government for payment.
(b) The attorney general may request the assistance of the
Legislative Budget Board in making the determination required under
Subsection (a)(1), and the Legislative Budget Board shall provide
the requested assistance.
(c) An invoice submitted under Subsection (a)(3) must
include the date the invoice is due, which must be at least six, but
not more than eight, months after the date the invoice is submitted.
(d) If an invoice submitted under Subsection (a)(3) is paid
on or before the date the invoice is due, the attorney general shall
deposit the payment in the state treasury to the credit of the
general revenue fund.
(e) If an invoice submitted under Subsection (a)(3) is not
timely paid, the attorney general shall bring an action against the
appropriate agency of the federal government to recover the amount
due as stated on the invoice.
(f) The attorney general shall deposit any money received as
a result of an action brought under Subsection (e) in the state
treasury to the credit of the general revenue fund.
(g) Notwithstanding any provision of Subsection (a) to the
contrary, for the state fiscal biennium ending August 31, 2023:
(1) the attorney general shall take the actions
described by Subsection (a) not later than March 1, 2024; and
(2) for purposes of Subsection (a)(1), the attorney
general shall determine the amount of money spent by this state on
border security to be the lesser of:
(A) the amount of money spent by this state for
that purpose during the period beginning September 1, 2001, and
ending August 31, 2023; or
(B) $20 billion.
(h) Subsection (g) and this subsection expire August 31,
2025.
SECTION 2. 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.