TX
Texas Senate Bill SB780

Texas 2025 - 89th Regular

Texas Senate Bill SB780 Compare Versions

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11 By: Parker S.B. No. 780
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to the homeland security activities of certain entities,
99 including the establishment and operations of the Homeland Security
1010 Division in the Department of Public Safety.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 411.002(a), Government Code, is amended to
1313 read as follows:
1414 (a) The Department of Public Safety of the State of Texas is
1515 an agency of the state to enforce the laws protecting the public
1616 safety and provide for the prevention and detection of crime. The
1717 department is composed of the Texas Rangers, the Homeland Security
1818 Division, the Texas Highway Patrol, the administrative division,
1919 and other divisions that the commission considers necessary.
2020 SECTION 2. Chapter 411, Government Code, is amended by adding
2121 Subchapter S to read as follows:
2222 SUBCHAPTER S. HOMELAND SECURITY DIVISION
2323 Sec. 411.551. DEFINITIONS. In this subchapter:
2424 (1) "Chief" means the chief of the division appointed
2525 under Section 411.552.
2626 (2) "Division" means the Homeland Security Division of
2727 the department established under this subchapter.
2828 (3) "Homeland security activity" has the meaning
2929 assigned by Section 421.001.
3030 (4) "Local government" includes any municipality,
3131 county, special-purpose district or authority, or other political
3232 subdivision of this state.
3333 (5) "State agency" means a board, commission, council,
3434 committee, department, office, agency, or other governmental
3535 entity in the executive, legislative, or judicial branch of state
3636 government. The term includes an institution of higher education as
3737 defined by Section 61.003, Education Code.
3838 Sec. 411.552. HOMELAND SECURITY DIVISION; CHIEF. (a) The
3939 Homeland Security Division is established in the department to lead
4040 multi-agency, multi-jurisdictional, and public-private efforts to
4141 enhance the security and resiliency of this state.
4242 (b) The director shall appoint the chief with the consent of
4343 the commission and may assign to the division and the chief
4444 department duties that relate to a homeland security activity.
4545 (c) The chief acts as the chief administrative officer of
4646 the division and is under the supervision and direction of the
4747 director, and to the extent the director determines, a deputy
4848 director of the department.
4949 Sec. 411.553. DEPUTY CHIEFS AND OTHER EMPLOYEES; DELEGATION.
5050 (a) The chief may employ deputy chiefs and other employees as
5151 necessary to perform the duties or exercise the powers of the
5252 division or perform any duty or exercise any power of the department
5353 assigned to the division.
5454 (b) The chief may delegate any power or duty assigned to the
5555 division or chief unless prohibited by statute or rule.
5656 Sec. 411.554. BORDER SECURITY: PLANNING AND COORDINATION.
5757 (a) The division shall, in collaboration with any other person who
5858 by law performs similar duties:
5959 (1) provide the strategic and operational planning for
6060 border security operations of this state; and
6161 (2) support the border security operations of this
6262 state by coordinating the efforts of federal and state agencies,
6363 local governments, and private organizations and by ensuring
6464 clarity and alignment on the priorities and responsibilities of
6565 each stakeholder.
6666 (b) The division shall assist as necessary the department,
6767 including each department region, with the department's tactical
6868 planning of border security operations. The division shall produce
6969 intelligence and similar reports as necessary to provide the
7070 assistance required by this subsection.
7171 Sec. 411.555. BORDER SECURITY: INTELLIGENCE. (a) The
7272 division shall coordinate the collection, dissemination, and
7373 analysis of intelligence for this state's border security
7474 operations and shall operate intelligence centers dedicated to this
7575 purpose.
7676 (b) The division shall establish policies and procedures
7777 relating to the collection and management of intelligence,
7878 including establishing collection priorities and assigning the
7979 management responsibilities, for state agencies, local
8080 governments, and any private organizations participating in border
8181 security operations.
8282 (c) With respect to the border security operations of this
8383 state, the division shall analyze and assess collected intelligence
8484 to produce information bulletins and other similar reports
8585 considered advisable.
8686 (d) The division shall manage the program for the
8787 installation and monitoring of cameras and surveillance equipment
8888 along the Texas-Mexico border, known as Operation Drawbridge.
8989 Sec. 411.556. HOMELAND SECURITY PLANNING AND PREPAREDNESS.
9090 (a) The division shall, in collaboration with any other person who
9191 by law performs similar duties:
9292 (1) regularly develop a comprehensive homeland
9393 security strategic plan for this state;
9494 (2) plan and facilitate homeland security exercises in
9595 coordination with state and federal agencies, local governments,
9696 and any participating private organizations, including exercises
9797 to enhance the capabilities of the state operations center
9898 described by Section 418.041(e);
9999 (3) develop operational and tactical plans for
100100 significant law enforcement emergencies or contingencies,
101101 including assisting each department region with developing plans
102102 specific to the needs of that region;
103103 (4) conduct assessments of risks and hazards to this
104104 state and the capabilities of state and local stakeholders to
105105 respond to the occurrence of those risks and hazards, including
106106 coordinating the annual completion by state agencies and local
107107 governments of the following federal assessments:
108108 (A) the Threat and Hazard Identification and Risk
109109 Assessment; and
110110 (B) the Stakeholder Preparedness Review;
111111 (5) establish programs for regular outreach to and
112112 information sharing among public and private organizations
113113 regarding homeland security preparedness, including:
114114 (A) coordinating the Bomb-Making Materials
115115 Awareness Program and similar programs; and
116116 (B) ensuring private industry organizations are
117117 aware of:
118118 (i) threats to critical infrastructure,
119119 such as espionage and sabotage operations;
120120 (ii) best practices for protecting critical
121121 infrastructure; and
122122 (iii) available resources to assist in
123123 protecting critical infrastructure and responding to those
124124 threats; and
125125 (6) assist state agencies and local governments in
126126 complying with restrictions under federal law on commerce with
127127 certain entities, including any entity:
128128 (A) listed in Supplement No. 4 to 15 C.F.R. Part
129129 744;
130130 (B) identified as a Chinese military company by
131131 the United States Secretary of Defense in accordance with Section
132132 1260H of the National Defense Authorization Act for Fiscal Year
133133 2021 (Pub. L. 116-283); or
134134 (C) restricted under any similar sanction program
135135 under federal law.
136136 (b) The division shall develop any additional assessment for
137137 risks and hazards, including for events such as mass migrations and
138138 acute demands on critical infrastructure, the division considers
139139 necessary and include in the strategic plan required by Subsection
140140 (a)(1) recommendations to mitigate those risks and hazards.
141141 (c) The division may administer, or assist the department in
142142 administering, an internship program for students and other
143143 interested persons to participate in the operations of the
144144 division, or the department, as appropriate.
145145 Sec. 411.557. CRITICAL INFRASTRUCTURE PLANNING. (a) The
146146 division shall coordinate multi-agency, multi-jurisdictional, and
147147 public-private efforts to protect the critical infrastructure in
148148 this state. Within the 16 critical infrastructure sectors
149149 identified by the United States National Security Memorandum 22
150150 (NSM-22), the division shall prioritize the division's efforts in
151151 ensuring the protection of critical infrastructure in the following
152152 sectors:
153153 (1) energy;
154154 (2) communications;
155155 (3) transportation systems; and
156156 (4) water and wastewater systems.
157157 (b) With respect to potential threats to the critical
158158 infrastructure in this state, the division may analyze and assess
159159 collected intelligence to produce information bulletins and other
160160 similar reports considered advisable.
161161 (c) The division shall develop a system to identify and
162162 categorize critical infrastructure in this state for the purpose of
163163 facilitating initiatives to protect the critical infrastructure,
164164 including for facilitating any risk assessment of critical
165165 infrastructure assets or systems in this state and identifying any
166166 dependency or interdependency among those assets or systems.
167167 (d) The division shall conduct exercises to enhance
168168 public-private coordination in protecting the critical
169169 infrastructure of this state.
170170 (e) During any disaster, as that term is defined by Section
171171 418.004, the division shall provide support to the state operations
172172 center described by Section 418.041(e).
173173 Sec. 411.558. INFRASTRUCTURE LIAISON OFFICER PROGRAM. (a)
174174 The division shall operate a program to train volunteers from
175175 public and private organizations to:
176176 (1) collect or receive intelligence information
177177 related to threats to critical infrastructure; and
178178 (2) properly identify threats to critical
179179 infrastructure and report those threats to the department.
180180 (b) The division may set reasonable eligibility
181181 requirements for the program.
182182 Sec. 411.559. WORK GROUPS; STUDY OF TECHNOLOGIES. (a) The
183183 division may establish and appoint members to one or more work
184184 groups to:
185185 (1) study any issue related to the division's duties or
186186 the homeland security activities of this state; and
187187 (2) advise or produce written reports on an issue
188188 studied under Subdivision (1).
189189 (b) A work group established under this section may be
190190 composed of representatives from state and federal agencies, local
191191 governments, and private organizations. The division may provide
192192 administrative support for any work group established under this
193193 section.
194194 (c) The division shall, in collaboration with any person who
195195 by law performs similar duties, establish or operate work groups to
196196 study methods or technologies to enhance:
197197 (1) the border security operations of this state; and
198198 (2) the resiliency of the critical infrastructure,
199199 including any task force established to survey the vulnerabilities
200200 of state government, local governments, and critical
201201 infrastructure.
202202 Sec. 411.560. RESEARCH. (a) The division shall annually
203203 propose to the commission the research priorities and a research
204204 agenda for the department.
205205 (b) The division shall coordinate with institutions of
206206 higher education to enhance the research capabilities of the
207207 institutions and the department by sharing information and aligning
208208 priorities.
209209 (c) The division shall research new technologies to enhance
210210 the homeland security activities conducted by this state, including
211211 any border security operation conducted by a state agency, local
212212 government, or private organization.
213213 Sec. 411.561. COUNSEL AND BUDGETING. (a) The division
214214 shall, on request, provide subject matter expertise and counsel to
215215 a state agency or local government regarding the state's border
216216 security operations and critical infrastructure protection or
217217 resilience initiatives, including related grant programs,
218218 legislation, risk management assessments, and other initiatives.
219219 (b) The division shall confer with each state agency
220220 involved in any homeland security activity before each legislative
221221 session regarding the portion of the state agency's budget request
222222 that finances the agency's homeland security activities. The
223223 division shall coordinate with the state agencies to eliminate
224224 redundancies and increase the efficiency of state agency efforts in
225225 conducting homeland security activities.
226226 (c) The division may, in collaboration with the Legislative
227227 Budget Board, adopt rules regarding the sharing of information
228228 among state agencies that submit budget requests that include a
229229 homeland security activity conducted by the requesting state
230230 agency.
231231 Sec. 411.562. GRANT AND REIMBURSEMENT PROGRAMS. (a)
232232 Notwithstanding any other law establishing a grant or reimbursement
233233 program administered by a state agency or local government related
234234 to a homeland security activity, border security operation, or a
235235 critical infrastructure protection initiative, the division shall,
236236 in collaboration with the governor, set priorities and guidelines
237237 for the program, including priorities for intended outcomes and
238238 guidelines for assessing the effectiveness of the program.
239239 (b) In setting the priorities and guidelines under
240240 Subsection (a), the governor and division shall account for any
241241 federal grant money secured and any accompanying restrictions or
242242 requirements imposed by the federal agency awarding the grant.
243243 Sec. 411.563. WEBSITE AND REPORTS. The division shall
244244 maintain a publicly accessible Internet website and publish
245245 assessments and other reports produced by the division that are not
246246 excepted from disclosure under Section 552.021 and not
247247 confidential.
248248 SECTION 3. Section 421.002(a), Government Code, is amended
249249 to read as follows:
250250 (a) The governor shall direct homeland security in this
251251 state and shall develop a statewide homeland security strategy that
252252 improves the state's ability to:
253253 (1) protect against homeland security threats and
254254 hazards;
255255 (2) respond to homeland security emergencies;
256256 (3) recover from homeland security emergencies;
257257 (4) mitigate the loss of life and property by lessening
258258 the impact of future disasters; and
259259 (5) prevent significant criminal and terrorist
260260 attacks.
261261 SECTION 4. Section 421.024, Government Code, is amended to
262262 read as follows:
263263 Sec. 421.024. DUTIES. The council shall, in collaboration
264264 with the Homeland Security Division of the Department of Public
265265 Safety, advise the governor on:
266266 (1) the implementation of the governor's homeland
267267 security strategy by state and local agencies and provide specific
268268 suggestions for helping those agencies implement the strategy; and
269269 (2) other matters related to the planning,
270270 development, coordination, and implementation of initiatives to
271271 promote the governor's homeland security strategy.
272272 SECTION 5. Section 421.045, Government Code, is amended to
273273 read as follows:
274274 Sec. 421.045. DUTIES. Each permanent special advisory
275275 committee created under this subchapter shall, in collaboration
276276 with the Homeland Security Division of the Department of Public
277277 Safety, advise the governor on:
278278 (1) the implementation of the governor's homeland
279279 security strategy by state and local agencies and provide specific
280280 suggestions for helping those agencies implement the strategy;
281281 (2) specific priorities related to the governor's
282282 homeland security strategy that the committee determines to be of
283283 significant importance to the statewide security of critical
284284 infrastructure; and
285285 (3) other matters related to the planning,
286286 development, coordination, and implementation of initiatives to
287287 promote the governor's homeland security strategy.
288288 SECTION 6. (a) In this section:
289289 (1) "Department" means the Department of Public
290290 Safety.
291291 (2) "Transferring agency" means a state agency that is
292292 required to transfer the management and operations of a center to
293293 the department under Subsection (b)(2) of this section.
294294 (b) As soon as practicable after the effective date of this
295295 Act, the department shall:
296296 (1) transfer the management and operations of the
297297 Border Security Operations Center and the Joint Operations and
298298 Intelligence Centers to the Texas Homeland Security Division in the
299299 department; and
300300 (2) enter into a written agreement with any other state
301301 agency that, before the effective date of this Act, is involved in
302302 the management or operations of the centers described by
303303 Subdivision (1) of this subsection for the transfer of the
304304 management and operations of those centers to the division,
305305 including any land, facilities, equipment, and other property
306306 involved in the operations of the centers.
307307 (c) The written agreement required by Subsection (b) (2) of
308308 this section must specify an effective date for the transfer.
309309 (d) Any rules, policies, procedures, decisions, and forms of
310310 a transferring agency that relate to the management or operations
311311 of a center in effect on the effective date of the transfer remain
312312 in effect until changed by the department.
313313 (e) All money, contracts, leases, property, software source
314314 code and documentation, records, and obligations of a transferring
315315 agency that relate to the management or operations of a center are
316316 transferred to the department on the effective date of the
317317 transfer.
318318 (f) The unexpended and unobligated balance of any money
319319 appropriated by the legislature relating to a center transferred
320320 under this Act is transferred to the department on the effective
321321 date of the transfer of the center.
322322 (g) A transferring agency shall provide the department with
323323 access to any systems, facilities, or information necessary for the
324324 department to accept the management and operations of a center
325325 transferred under this Act.
326326 (h) On the effective date of the transfer, all full-time
327327 equivalent employee positions at the transferring agency that
328328 concern the management or operations of a center being transferred
329329 become positions at the department. The department shall post the
330330 positions for hiring and, when filling the positions, shall give
331331 consideration to, but is not required to hire, an applicant who,
332332 immediately before the date of the transfer, was an employee at a
333333 transferring agency.
334334 SECTION 7. This Act takes effect September 1, 2025.