Texas 2025 - 89th Regular

Texas House Bill HB5520 Compare Versions

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1	1		By: Gámez H.B. No. 5520
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to border protection and economic development services,
7	9		programs, and other measures, including establishing an
8	10		educational center and programs.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		ARTICLE 1. SHORT TITLE
11	13		SECTION 1.01. This Act may be cited as the Border
12	14		Enhancement Act.
13	15		ARTICLE 2. DEPARTMENT OF PUBLIC SAFETY DUTIES
14	16		SECTION 2.01. Subchapter A, Chapter 411, Government Code,
15	17		is amended by adding Sections 411.02091 and 411.02092 to read as
16	18		follows:
17	19		Sec. 411.02091. BORDER SECURITY LIAISON. (a) The
18	20		department shall designate a department employee to act as the
19	21		liaison between the department and each sector for border
20	22		operations established by the United States Customs and Border
21	23		Protection.
22	24		(b) The department shall avoid duplicative efforts, improve
23	25		efficacy of deployed resources, and ensure efficient allocation of
24	26		department resources along the Texas-Mexico border.
25	27		Sec. 411.02092. BORDER SECURITY PRIORITIES AND EQUIPMENT.
26	28		(a) The department shall pursue strategies and efforts for
27	29		securing the Texas-Mexico border that are evidence-based and
28	30		balance the following priorities of enhancing the security of this
29	31		state, providing humanitarian assistance, and ensuring robust
30	32		trade across the Texas-Mexico border.
31	33		(b) The department may purchase for use at or near the
32	34		Texas-Mexico border equipment that increases the efficacy and
33	35		efficiency of inspecting vehicles entering this state from Mexico,
34	36		including equipment that uses radiography (X-rays) to inspect
35	37		vehicles and freight.
36	38		ARTICLE 3. GRANT PROGRAM FOR COURTS IN THE BORDER REGION
37	39		SECTION 3.01. Chapter 72, Government Code, is amended by
38	40		adding Subchapter H to read as follows:
39	41		SUBCHAPTER H. BORDER COURT GRANT PROGRAM
40	42		Sec. 72.201. DEFINITION. In this subchapter, "border
41	43		region" has the meaning assigned by Section 772.0071.
42	44		Sec. 72.202. GRANT PROGRAM. (a) From money appropriated
43	45		for that purpose, the office shall establish and administer a grant
44	46		program to support the operation of courts in the border region.
45	47		(b) In addition to other funds appropriated by the
46	48		legislature and for purposes of administering and funding the grant
47	49		program, the office may:
48	50		(1) seek and apply for any available federal funds;
49	51		and
50	52		(2) solicit and accept gifts, grants, and donations
51	53		from any other source, public or private, as necessary to ensure
52	54		resources are available to achieve the purpose described by
53	55		Subsection (a).
54	56		(c) The grants awarded under this subchapter may be used for
55	57		the reimbursement of costs associated with the operation of a
56	58		court, including the:
57	59		(1) salary of a visiting judge appointed under Chapter
58	60		74;
59	61		(2) salary and benefits of an associate judge, court
60	62		coordinator, court administrator, court reporter, and court
61	63		interpreter;
62	64		(3) salary and benefits of district and county clerk
63	65		staff;
64	66		(4) travel costs and other expenses incurred by court
65	67		personnel and judges in the performance of their duties;
66	68		(5) cost of equipment necessary for personnel
67	69		dedicated to processing and adjudicating cases; or
68	70		(6) fees and related expenses for the appointment of
69	71		counsel to represent an indigent defendant under Chapter 26, Code
70	72		of Criminal Procedure, or the costs to operate a public defender's
71	73		office or managed assigned counsel program under that chapter, as
72	74		those fees and expenses relate to the adjudication of cases in
73	75		courts in the border region.
74	76		Sec. 72.203. RULES. (a) The office shall adopt rules for
75	77		the administration and operation of the grant program established
76	78		under this subchapter.
77	79		(b) In adopting the rules, the office shall:
78	80		(1) conduct a study of the data collected for this
79	81		purpose or otherwise available on crime, arrests, detentions, and
80	82		convictions to identify offenses for which prosecutions have
81	83		increased as a result of Operation Lone Star; and
82	84		(2) solicit from governmental officials, community
83	85		leaders, and other interested persons in the border region
84	86		information necessary to identify the courts of the region needing
85	87		financial assistance.
86	88		(c) The rules must include:
87	89		(1) administrative provisions for grants awarded
88	90		under this subchapter, including:
89	91		(A) eligibility criteria for grant applicants,
90	92		including criteria to limit eligibility to those applicants
91	93		experiencing an increase in caseloads;
92	94		(B) grant application procedures;
93	95		(C) guidelines relating to grant amounts;
94	96		(D) procedures for evaluating grant
95	97		applications; and
96	98		(E) procedures for monitoring the use of grants;
97	99		(2) methods for tracking the effectiveness of grants
98	100		and the efficiency of the applicants receiving grants; and
99	101		(3) procedures for reporting caseload data at least
100	102		annually, including caseload data necessary to update the study
101	103		described by Section 72.2055.
102	104		Sec. 72.204. GRANT AMOUNTS. The amount of a grant awarded
103	105		under this section may not exceed the amount set by the General
104	106		Appropriations Act.
105	107		Sec. 72.205. REPORTING REQUIREMENTS FOR GRANT RECIPIENTS.
106	108		The recipient of a grant awarded under this subchapter shall submit
107	109		to the office an annual report on the grant money spent during the
108	110		year covered by the report and the purposes for which that money was
109	111		spent.
110	112		Sec. 72.2055. ANNUAL REPORT BY OFFICE. Annually, the
111	113		office shall update the study conducted under Section 72.203(b)(1)
112	114		using caseload data required to be reported under the rules adopted
113	115		under Section 72.203(c).
114	116		Sec. 72.206. ADMINISTRATIVE COSTS. Unless otherwise
115	117		provided by the appropriation, in each state fiscal year, the
116	118		office may use a reasonable amount, not to exceed five percent, of
117	119		any general revenue appropriated for purposes of this subchapter
118	120		for that state fiscal year to pay the costs of administering the
119	121		grant program.
120	122		SECTION 4.02. As soon as practicable after the effective
121	123		date of this Act, the Office of Court Administration of the Texas
122	124		Judicial System shall with respect to Subchapter H, Chapter 72,
123	125		Government Code, as added by this Act:
124	126		(1) adopt rules as necessary to implement the
125	127		subchapter; and
126	128		(2) establish the grant program required by the
127	129		subchapter.
128	130		ARTICLE 4. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,
129	131		EQUIPMENT, AND SERVICES IN THE BORDER REGION
130	132		SECTION 4.01. Chapter 421, Government Code, is amended by
131	133		adding Subchapter G to read as follows:
132	134		SUBCHAPTER G. USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY
133	135		Sec. 421.111. DEFINITIONS. In this subchapter:
134	136		(1) "Border region" has the meaning assigned by
135	137		Section 772.0071.
136	138		(2) "Local government" means a municipality or county.
137	139		(3) "Office" means the trusteed programs within the
138	140		office of the governor.
139	141		Sec. 421.112. USE OF CERTAIN FUNDS. From money
140	142		appropriated for that purpose, the office, as authorized by Chapter
141	143		418, including Subchapter D of that chapter, shall make funds
142	144		available to state agencies and local governments for the following
143	145		purposes:
144	146		(1) the construction and maintenance of facilities
145	147		related to prosecuting and adjudicating offenses committed in the
146	148		border region, including court facilities, processing facilities,
147	149		detention facilities for persons who are 10 years of age or older,
148	150		regardless of gender, criminal justice centers, and other similar
149	151		facilities;
150	152		(2) the payment of staff salaries and benefits and the
151	153		payment of operational expenses related to providing law
152	154		enforcement services;
153	155		(3) the purchase or maintenance of equipment related
154	156		to providing public health and safety services in the border
155	157		region, including law enforcement services, communication
156	158		services, and emergency services, to enhance safety and security;
157	159		(4) the construction and maintenance of border
158	160		security infrastructure, including drive-through mobile cargo
159	161		scanners that use radiography (X-rays) to inspect vehicles and
160	162		freight, surveillance technology, or other improvements, designed
161	163		or adapted to surveil or impede the movement of persons or objects
162	164		across the Texas-Mexico border at locations other than ports of
163	165		entry;
164	166		(5) the construction of improvements to an area in the
165	167		immediate vicinity of a port of entry to enhance vehicle inspection
166	168		capabilities and assist in the investigation, interdiction, and
167	169		prosecution of persons smuggling individuals or contraband across
168	170		the Texas-Mexico border; and
169	171		(6) the construction or improvement of roadways, sea
170	172		ports, airports, and similar transportation facilities in the
171	173		border region.
172	174		Sec. 421.113. FEDERAL FUNDS; GIFTS, GRANTS, AND DONATIONS.
173	175		In addition to funds appropriated by the legislature and for
174	176		purposes of this subchapter, the office may:
175	177		(1) seek and apply for any available federal funds;
176	178		and
177	179		(2) solicit and accept gifts, grants, and donations
178	180		from any other source, public or private.
179	181		Sec. 421.114. RULES. The office may adopt rules for the
180	182		administration of this subchapter.
181	183		Sec. 421.115. REPORTING REQUIREMENTS. (a) The recipient
182	184		of funds for a purpose described by Section 421.112 shall submit to
183	185		the office reports on an interval prescribed by the office
184	186		regarding the use of the funds and any other issue related to the
185	187		funds as determined by the office.
186	188		(b) Funds received by a state agency for a purpose described
187	189		by Section 421.112 are considered border security funding for
188	190		purposes of reporting requirements in the General Appropriations
189	191		Act.
190	192		Sec. 421.116. ADMINISTRATIVE COSTS. Unless otherwise
191	193		provided by the appropriation, the division may use a reasonable
192	194		amount, not to exceed five percent, of any general revenue
193	195		appropriated for purposes of this subchapter to pay the costs of
194	196		administering this subchapter.
195	197		SECTION 4.02. As soon as practicable after the effective
196	198		date of this Act, the office of the governor shall adopt rules as
197	199		necessary to implement Subchapter G, Chapter 421, Government Code,
198	200		as added by this Act.
199	201		ARTICLE 5. EDUCATION GRANT PROGRAM AND ESTABLISHMENT OF TEXAS
200	202		CENTER FOR BORDER POLICY
201	203		SECTION 5.01. Chapter 61, Education Code, is amended by
202	204		adding Subchapter D-1 to read as follows:
203	205		SUBCHAPTER D-1. BORDER INSTITUTION GRANT PROGRAM
204	206		Sec. 61.101. BORDER INSTITUTION GRANT PROGRAM. (a) In this
205	207		subchapter, "border region" has the meaning assigned by Section
206	208		772.0071, Government Code.
207	209		(b) Subject to the availability of funds, the board shall
208	210		establish a border institution grant program under which the board
209	211		awards financial assistance to institutions of higher education
210	212		located in the border region that administer innovative programs
211	213		designed to:
212	214		(1) recruit, train, retain, or otherwise increase the
213	215		number of professionals in fields related to border safety or
214	216		affected by ongoing criminal activity and public health threats to
215	217		the border region, as determined by board rule, including by
216	218		providing a salary increase or stipend to a faculty member who
217	219		provides instruction to additional students in a degree or
218	220		certificate program that graduates those professionals; and
219	221		(2) conduct research in areas of study related to
220	222		border safety or the effects of ongoing criminal activity and
221	223		public health threats to the border region.
222	224		Sec. 61.102. FEDERAL FUNDS AND GIFTS, GRANTS, AND
223	225		DONATIONS. In addition to other funds appropriated by the
224	226		legislature and for the purposes described by Section 61.101, the
225	227		board may:
226	228		(1) seek and apply for any available federal funds;
227	229		and
228	230		(2) solicit and accept gifts, grants, and donations
229	231		from any other source, public or private, as necessary to ensure
230	232		effective implementation of the grant program established under
231	233		this subchapter.
232	234		Sec. 61.103. RULES. (a) The board shall adopt rules for
233	235		the administration of the grant program established under this
234	236		subchapter. In adopting the rules, the board shall solicit, from
235	237		border region officials, community leaders in the border region,
236	238		and other stakeholders, information necessary to identify
237	239		innovative programs anticipated to produce the best outcomes and
238	240		serve the greatest need.
239	241		(b) The rules must include:
240	242		(1) administrative provisions for grants awarded
241	243		under this subchapter, including:
242	244		(A) eligibility criteria for institutions of
243	245		higher education, including a requirement that the institution
244	246		demonstrate regional and state workforce need;
245	247		(B) grant application procedures;
246	248		(C) guidelines relating to grant amounts;
247	249		(D) procedures for evaluating grant
248	250		applications; and
249	251		(E) procedures for monitoring the use of grants;
250	252		and
251	253		(2) methods for tracking the effectiveness of grants
252	254		that:
253	255		(A) using data reasonably available to the board,
254	256		consider relevant information regarding the career paths of
255	257		professionals described by Section 61.101 during the four-year
256	258		period following their graduation; and
257	259		(B) evaluate whether and for how long those
258	260		professionals practice in a field described by Section 61.101 in
259	261		this state.
260	262		Sec. 61.104. AWARD OF GRANTS. In awarding grants under this
261	263		subchapter, the board shall give priority to applicants that
262	264		propose to:
263	265		(1) enhance or leverage existing degree programs that
264	266		graduate professionals described by Section 61.101;
265	267		(2) establish or maintain a program that serves a
266	268		rural or underserved area;
267	269		(3) partner with another institution of higher
268	270		education to develop a joint program;
269	271		(4) establish or maintain a program that incentivizes
270	272		professionals described by Section 61.101 to serve in their field
271	273		or a related field of study for at least three consecutive years
272	274		following graduation; and
273	275		(5) establish or maintain a degree or certificate
274	276		program to educate professionals in specialties that face
275	277		significant workforce shortages, including those described by
276	278		Section 61.101.
277	279		Sec. 61.105. GRANT AMOUNTS. The amount of a grant awarded
278	280		under this subchapter may not exceed an amount specified in the
279	281		General Appropriations Act.
280	282		Sec. 61.106. REPORTING REQUIREMENTS. An institution of
281	283		higher education that receives a grant awarded under this
282	284		subchapter shall submit to the board an annual report on the amounts
283	285		and purposes for which grant money was spent during the year
284	286		covered by the report.
285	287		Sec. 61.107. ADMINISTRATIVE COSTS. Unless otherwise
286	288		provided by the appropriation, in each state fiscal year, the board
287	289		may use a reasonable amount, not to exceed five percent, of any
288	290		general revenue appropriated for purposes of this subchapter for
289	291		that state fiscal year to pay the costs of administering this
290	292		subchapter.
291	293		SECTION 5.02. Chapter 75, Education Code, is amended by
292	294		adding Subchapter E to read as follows:
293	295		SUBCHAPTER E. TEXAS CENTER FOR BORDER POLICY
294	296		Sec. 75.401. DEFINITIONS. In this subchapter:
295	297		(1) "Board" means the board of regents of The
296	298		University of Texas System.
297	299		(2) "Center" means the Texas Center for Border Policy.
298	300		Sec. 75.402. ESTABLISHMENT. The board shall establish and
299	301		maintain the Texas Center for Border Policy as a joint partnership
300	302		of The University of Texas at El Paso and The University of Texas
301	303		Rio Grande Valley.
302	304		Sec. 75.403. OPERATION AND MANAGEMENT. (a) The
303	305		organization, control, and management of the center are vested in
304	306		the board.
305	307		(b) The center shall be located in facilities determined
306	308		appropriate by the board.
307	309		(c) The board may employ personnel for the center as
308	310		necessary. The board may make joint appointments of personnel to
309	311		the center and to either or both The University of Texas at El Paso
310	312		or The University of Texas Rio Grande Valley. The salary of a
311	313		person receiving a joint appointment shall be apportioned on the
312	314		basis of services rendered.
313	315		Sec. 75.404. AGREEMENTS WITH OTHER ENTITIES. The
314	316		University of Texas at El Paso and The University of Texas Rio
315	317		Grande Valley shall encourage public and private entities to
316	318		participate in or support the operation of the center and jointly
317	319		may enter into an agreement with any entity for that purpose. An
318	320		agreement may allow the center to provide information, services, or
319	321		other assistance to an entity in exchange for the entity's
320	322		participation or support.
321	323		Sec. 75.405. POWERS AND DUTIES. Subject to the
322	324		availability of funds, the center shall:
323	325		(1) perform a comprehensive initial assessment of this
324	326		state's policies with respect to the Texas-Mexico border;
325	327		(2) develop appropriate performance metrics to
326	328		measure the efficacy and efficiency of this state's policies with
327	329		respect to the Texas-Mexico border, including the effect of this
328	330		state's policies on security and economic growth;
329	331		(3) conduct research on improving this state's
330	332		policies with respect to the Texas-Mexico border;
331	333		(4) develop recommendations for enhancing this state's
332	334		security and opportunities for economic growth through policies
333	335		related to the Texas-Mexico border;
334	336		(5) develop and maintain an Internet website that
335	337		provides information on the activities of the center, including any
336	338		reports and recommendations issued; and
337	339		(6) cooperate fully with similar programs operated by
338	340		other institutions of higher education.
339	341		Sec. 75.406. GIFTS, GRANTS, AND DONATIONS. The board may
340	342		solicit and accept gifts, grants, and donations from any source to
341	343		aid in the establishment, maintenance, and operation of the center.
342	344		Sec. 75.407. REPORTING. Not later than December 1 of each
343	345		even-numbered year, the center shall submit to the legislature a
344	346		report on the center's activities and research for the two-year
345	347		period preceding the date of submission. The report must include
346	348		any recommendations developed under Section 75.405(4).
347	349		SECTION 5.03. (a) As soon as practicable after the
348	350		effective date of this Act, the Texas Higher Education Coordinating
349	351		Board shall adopt rules for the implementation and administration
350	352		of the border institution grant program established under
351	353		Subchapter D-1, Chapter 61, Education Code, as added by this Act.
352	354		(b) Not later than September 1, 2026, the Texas Higher
353	355		Education Coordinating Board shall establish the border
354	356		institution grant program required by Subchapter D-1, Chapter 61,
355	357		Education Code, as added by this Act, and shall begin to award
356	358		grants under the program as soon as practicable after the program is
357	359		established.
358	360		ARTICLE 6. ECONOMIC DEVELOPMENT INITIATIVE
359	361		SECTION 6.01. Chapter 481, Government Code, is amended by
360	362		adding Subchapter Q to read as follows:
361	363		SUBCHAPTER Q. BORDER PROTECTION ECONOMIC DEVELOPMENT INITIATIVE
362	364		Sec. 481.241. DEFINITION. In this subchapter, "border
363	365		region" has the meaning assigned by Section 772.0071.
364	366		Sec. 481.242. CAMPAIGN FOR BUSINESSES AND TOURISM. (a) In
365	367		consultation with stakeholders in the border region, the office
366	368		shall develop and execute a campaign to:
367	369		(1) attract domestic and foreign entities to:
368	370		(A) locate the headquarters of those entities in
369	371		the border region; or
370	372		(B) expand the entities' operations to the border
371	373		region;
372	374		(2) support and promote tourism in the border region;
373	375		and
374	376		(3) support institutions and initiatives in the border
375	377		region that create an environment conducive to starting or
376	378		operating a company whose primary business is providing homeland
377	379		security technology or services.
378	380		(b) The office may coordinate with and assist any
379	381		municipality, county, or other political subdivision in supporting
380	382		or promoting the purposes described by Subsection (a).
381	383		Sec. 481.243. TARGETED RESEARCH AND OUTREACH; SUPPORTIVE
382	384		PROGRAMS. (a) In developing and executing the campaign described
383	385		by Section 481.242, the office shall identify and research
384	386		particular companies and types of companies with a high potential
385	387		of commercial success if the companies were to operate in the
386	388		border region.
387	389		(b) For each company identified under Subsection (a), the
388	390		office shall develop and execute a campaign to attract the company
389	391		to locate its headquarters or expand operations into the border
390	392		region.
391	393		(c) For a type of company identified under Subsection (a),
392	394		the office shall create programs for supporting the formation of
393	395		new companies in the border region of that type, excluding direct
394	396		financial incentives to the company.
395	397		Sec. 481.244. GIFTS, GRANTS, AND DONATIONS. In addition to
396	398		funds appropriated, credited, or transferred by the legislature for
397	399		the purposes of this subchapter, the office shall:
398	400		(1) seek and apply for any available federal funds;
399	401		and
400	402		(2) solicit and accept gifts, grants, and donations
401	403		from any other source, public or private, as necessary to ensure
402	404		effective implementation of this subchapter.
403	405		Sec. 481.245. ANNUAL REPORT. Not later than December 31 of
404	406		each year, the office shall report to the legislature on the
405	407		activities of the office under this subchapter.
406	408		Sec. 481.246. ADMINISTRATIVE COSTS. Unless otherwise
407	409		provided by the appropriation, the office may use a reasonable
408	410		amount, not to exceed five percent, of any general revenue
409	411		appropriated for the purposes of this subchapter to administer this
410	412		subchapter.
411	413		ARTICLE 7. EFFECTIVE DATE
412	414		SECTION 7.01. This Act takes effect immediately if it
413	415		receives a vote of two-thirds of all the members elected to each
414	416		house, as provided by Section 39, Article III, Texas Constitution.
415	417		If this Act does not receive the vote necessary for immediate
416	418		effect, this Act takes effect September 1, 2025.