Bill Text: TX HB127 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Homeland Security Division, and to compensate persons affected by those threats.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced - Dead) 2023-10-11 - Filed [HB127 Detail]
Download: Texas-2023-HB127-Introduced.html
By: Guillen | H.B. No. 127 |
|
||
|
||
relating to measures to address public safety threats in this state | ||
presented by transnational criminal activity, including by | ||
establishing a Texas Homeland Security Division, and to compensate | ||
persons affected by those threats. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. TEXAS HOMELAND SECURITY DIVISION | ||
SECTION 1.01. 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 the Public Safety Commission and the | ||
Director of the Department of Public Safety; | ||
(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, | ||
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) apprehension specialists and inspectors general | ||
commissioned by the Texas Juvenile Justice Department as officers | ||
under Sections 242.102 and 243.052, 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) investigators commissioned by the Texas Juvenile | ||
Justice Department as officers under Section 221.011, Human | ||
Resources Code; [ |
||
(34) the fire marshal and any related officers, | ||
inspectors, or investigators commissioned by a county under | ||
Subchapter B, Chapter 352, Local Government Code; and | ||
(35) officers of the Texas Homeland Security Division | ||
commissioned by the secretary of homeland security under Section | ||
425.202, Government Code. | ||
SECTION 1.02. Subtitle B, Title 4, Government Code, is | ||
amended by adding Chapter 425 to read as follows: | ||
CHAPTER 425. TEXAS HOMELAND SECURITY DIVISION | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 425.001. DEFINITIONS. In this chapter: | ||
(1) "Alien" has the meaning assigned by 8 U.S.C. | ||
Section 1101. | ||
(2) "Homeland Security Division" means the Texas | ||
Homeland Security Division established under this chapter. | ||
(3) "Border region" has the meaning assigned by | ||
Section 772.0071. | ||
(4) "Secretary" means the secretary of homeland | ||
security. | ||
(5) "Local government" means a municipality, county, | ||
special purpose district, or other political subdivision of this | ||
state. | ||
(6) "Office" means the office of the governor. | ||
(7) "Port of entry" means a port of entry described by | ||
Part 101, Title 19, Code of Federal Regulations (19 C.F.R. Part 101) | ||
or 22 C.F.R. Section 40.1. | ||
(8) "State agency" means a board, commission, | ||
department, office, or other agency in the executive branch of | ||
state government. | ||
(9) "Federal agency" means a board, commission, | ||
department, office, or other agency in the executive branch of | ||
federal government. | ||
Sec. 425.002. TEXAS HOMELAND SECURITY DIVISION | ||
ESTABLISHED. The office shall establish the Texas Homeland | ||
Security Division as a division within the office to provide | ||
cross-functional expertise to border protection operations and | ||
improve efficiency and effectiveness of the border protection | ||
operations of the state agencies and political subdivisions of this | ||
state. | ||
Sec. 425.003. SECRETARY OF HOMELAND SECURITY. (a) The | ||
governor shall appoint a United States citizen to serve as the | ||
secretary of homeland security in charge of the Texas Homeland | ||
Security Division. The secretary serves until removed by the | ||
governor. | ||
(b) The secretary may appoint, with the advice and consent | ||
of the governor, deputy secretaries and assistant secretaries who | ||
shall perform the duties that the secretary designates. Deputy | ||
secretaries and assistant secretaries serve until removed by the | ||
secretary. | ||
(c) The secretary, deputy secretaries, and assistant | ||
secretaries are entitled to annual salaries as provided by the | ||
legislature. | ||
Sec. 425.004. TERM OF AUTHORIZATION. (a) The Homeland | ||
Security Division is subject to appropriations from the legislature | ||
and continues in existence until September 1, 2031, unless | ||
reauthorized by the legislature. | ||
(b) This chapter expires September 1, 2031. | ||
Sec. 425.005. HEADQUARTERS; REGIONAL OFFICES. The Homeland | ||
Security Division must be headquartered in the border region. The | ||
Homeland Security Division may establish regional offices along the | ||
Texas-Mexico border. | ||
Sec. 425.006. COOPERATION WITH BORDER PROSECUTION UNIT. | ||
(a) In this section, "border prosecution unit" means the border | ||
prosecution unit established under Section 772.052. | ||
(b) The Homeland Security Division shall cooperate with the | ||
border prosecution unit to carry out the duties of the Homeland | ||
Security Division and the unit. | ||
(c) The border prosecution unit as needed may assign a | ||
prosecutor from the unit to the Homeland Security Division | ||
headquarters or any regional office of the Homeland Security | ||
Division. | ||
Sec. 425.007. GIFTS, GRANTS, AND DONATIONS. The Homeland | ||
Security Division may accept gifts, grants, and donations from any | ||
source, including private and nonprofit organizations, for the | ||
purposes of implementing this chapter. | ||
Sec. 425.008. FEDERAL, STATE, AND LOCAL COOPERATION. The | ||
Homeland Security Division shall coordinate with any federal or | ||
state agency or any local government as necessary to carry out the | ||
duties of the Homeland Security Division. | ||
Sec. 425.009. NO LIMITATION ON HOMELAND SECURITY DIVISION | ||
AUTHORITY BY LOCAL GOVERNMENTS. A local government may not by any | ||
means limit the jurisdiction or authority of the Homeland Security | ||
Division. | ||
SUBCHAPTER B. CONSOLIDATION OF BORDER OPERATIONS | ||
Sec. 425.051. CONSOLIDATION OF STATE AGENCY BORDER | ||
OPERATIONS. (a) The secretary shall identify resources the | ||
Homeland Security Division needs to conduct border protection | ||
operations, including personnel, equipment, and facilities owned | ||
or controlled by state agencies that conduct border protection | ||
operations under Operation Lone Star. The secretary may identify | ||
any resources dedicated to border security that are owned or | ||
controlled by: | ||
(1) the office of the attorney general; | ||
(2) the Department of Public Safety; | ||
(3) the Texas Military Department; | ||
(4) the Parks and Wildlife Department; | ||
(5) the Texas Alcoholic Beverage Commission; | ||
(6) the Texas Department of Criminal Justice; | ||
(7) the Texas Commission on Jail Standards; | ||
(8) the Texas Commission on Law Enforcement; | ||
(9) the Office of Court Administration of the Texas | ||
Judicial System; | ||
(10) the Department of State Health Services; | ||
(11) the Texas Department of Motor Vehicles; | ||
(12) the Texas Division of Emergency Management; | ||
(13) the State Soil and Water Conservation Board; and | ||
(14) any other state agency designated by the | ||
governor. | ||
(b) Each state agency that owns or controls resources | ||
identified under Subsection (a) shall dedicate those resources to | ||
the Homeland Security Division and its duties. | ||
Sec. 425.052. REIMBURSEMENT FOR STATE USE OF LOCAL | ||
GOVERNMENT RESOURCES. (a) The secretary shall identify resources | ||
the Homeland Security Division needs to conduct border protection | ||
operations, including personnel, equipment, and facilities owned | ||
or controlled by local governments that conduct border protection | ||
operations along the Texas-Mexico border. | ||
(b) A local government that owns or controls resources | ||
identified under Subsection (a) may by written agreement with the | ||
Homeland Security Division dedicate those resources to the Homeland | ||
Security Division and its duties. | ||
(c) A local government that dedicates resources to the | ||
Homeland Security Division under this section is entitled to | ||
reimbursement for the use of those resources as provided by the | ||
written agreement under Subsection (b) and the General | ||
Appropriations Act. | ||
Sec. 425.053. EMPLOYMENT OF DEDICATED PERSONNEL; | ||
COOPERATIVE WORK. (a) A person who is dedicated to the Homeland | ||
Security Division under Section 425.051 or 425.052 remains an | ||
employee of the assigning state agency or local government but the | ||
person may be assigned duties by the secretary. | ||
(b) A person who is dedicated to the Homeland Security | ||
Division shall work cooperatively with employees of the Homeland | ||
Security Division and other persons dedicated to the Homeland | ||
Security Division under the guidance of the secretary to achieve | ||
efficiency in efforts by state agencies and local governments to | ||
enforce the law in the border region. | ||
Sec. 425.054. AUTHORITY OF DEDICATED PERSONNEL. (a) A | ||
person dedicated to the Homeland Security Division and its duties | ||
under Section 425.051 or 425.052 retains the authority of the | ||
office held by the person with the dedicating state agency or local | ||
government and may exercise any powers granted to the Homeland | ||
Security Division under this chapter with the approval of the | ||
secretary. | ||
(b) The secretary, with the approval of the governor, may | ||
assign the person additional duties consistent with the duties of | ||
the Homeland Security Division under this chapter. | ||
(c) Notwithstanding any other provision of this chapter, a | ||
person dedicated to the Homeland Security Division may not be | ||
granted any powers or authority that exceeds the powers or | ||
authority granted by other law to the office held by the person with | ||
the dedicating state agency or local government. | ||
Sec. 425.055. USE OF DEDICATED PROPERTY. Any property, | ||
including equipment or facilities, dedicated to the Homeland | ||
Security Division and its duties under Section 425.051 or 425.052 | ||
may be used for the purposes of the dedicating state agency or local | ||
government or the purposes of the Homeland Security Division. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 425.101. GENERAL POWERS AND DUTIES OF HOMELAND | ||
SECURITY DIVISION AND SECRETARY OF HOMELAND SECURITY. (a) The | ||
secretary shall: | ||
(1) be directly responsible to the governor for all | ||
conduct of the Homeland Security Division; | ||
(2) act as the chief administrative officer of the | ||
Homeland Security Division; | ||
(3) act with the Border Security Advisory Council in | ||
an advisory capacity, without vote; | ||
(4) formulate plans and policies for the protection of | ||
the citizens of this state in the Texas-Mexico border region, | ||
including the air, maritime, and land borders of this state; | ||
(5) organize the Homeland Security Division and | ||
supervise its operation; | ||
(6) maintain records of all Homeland Security Division | ||
proceedings and official orders; | ||
(7) adopt rules and policies, subject to the | ||
governor's approval, considered necessary for the control and | ||
general administration of the Homeland Security Division, | ||
including rules governing the procurement of facilities and | ||
equipment for the Homeland Security Division and the training and | ||
working conditions for Homeland Security Division personnel; | ||
(8) issue commissions as peace officers, under the | ||
governor's direction, to members of the Homeland Security Division; | ||
(9) create as necessary, with the advice and consent | ||
of the governor, operational or administrative divisions within the | ||
Homeland Security Division and appoint heads of those divisions; | ||
(10) employ as necessary commissioned officers and | ||
other employees to perform Homeland Security Division operations | ||
and functions; | ||
(11) quarterly, annually, biennially, and any other | ||
time on the governor's request submit to the governor and the Border | ||
Security Advisory Council detailed reports of the operation of the | ||
Homeland Security Division, including statements of its | ||
expenditures; and | ||
(12) prepare, swear to, submit to the governor, and | ||
file in the Homeland Security Division'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 secretary or secretary's designee shall provide to | ||
the governor and to employees of the Homeland Security Division, 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. | ||
Sec. 425.102. BORDER OPERATIONS. The Homeland Security | ||
Division may conduct border security operations along the | ||
Texas-Mexico border, including: | ||
(1) law enforcement operations; | ||
(2) intelligence gathering, analysis, and | ||
dissemination; | ||
(3) surveillance and detection of criminal activity, | ||
including improper entry of individuals from foreign nations and | ||
the smuggling of individuals and controlled substances, using | ||
cameras, unmanned aircraft, and other technologies; | ||
(4) coordination and command of state agencies in | ||
border security operations led by the Homeland Security Division; | ||
(5) coordination of local, state, and federal agencies | ||
conducting border security operations, including tactical | ||
operations such as special response teams, brush teams, and special | ||
weapons and tactics teams; | ||
(6) training and education programs for the | ||
professional development of employees and agency partners carrying | ||
out border security operations; and | ||
(7) assisting local law enforcement with the | ||
investigation of crime. | ||
Sec. 425.103. LAW ENFORCEMENT BORDER PROTECTION FUNCTIONS. | ||
The secretary may order commissioned officers under the secretary's | ||
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. 425.104. PURCHASE AND DEPLOYMENT AND MAINTENANCE OF | ||
CERTAIN TECHNOLOGY AND EQUIPMENT. (a) The Homeland Security | ||
Division, at the request of the governor, shall purchase, deploy | ||
and maintain technology and equipment to enhance the Homeland | ||
Security Division's ability to detect and suppress criminal | ||
activity along the Texas-Mexico border, including: | ||
(1) temporary border security infrastructure, | ||
including temporary barriers, buoys, 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; | ||
(2) surveillance and detection technology to be | ||
deployed at and near each port of entry along the Texas-Mexico | ||
border to detect and deter the improper entry of individuals from | ||
foreign nations and the smuggling of individuals and controlled | ||
substances, such as fentanyl, cocaine, heroin, and | ||
methamphetamine; and | ||
(3) the acquisition and construction of facilities, | ||
equipment and services to remove illegal immigrants from Texas. | ||
(c) The Homeland Security Division shall staff a sufficient | ||
number of commercial vehicle inspectors to inspect vehicles using | ||
technology described by Subsection (a)(2) without impeding the | ||
efficient flow of trade. | ||
Sec. 425.105. OPERATIONAL PLAN TO COORDINATE BORDER | ||
PROTECTION. (a) The secretary or the secretary's designee shall | ||
develop and recommend to the governor, the legislature, and the | ||
Border Security Advisory Council a strategic plan that establishes | ||
the framework for the budgeting and operations of the Homeland | ||
Security Division, including homeland security strategies, to be | ||
administered by the Homeland Security Division and state agencies | ||
that provide assistance to the Homeland Security Division. | ||
(b) The strategic plan under Subsection (a) must include: | ||
(1) goals and performance measures that involve | ||
collaboration with other state agencies and local governments; and | ||
(2) an evaluation of 8 U.S.C. Section 1325(a) and | ||
other federal laws relating to the requirement that the admission | ||
of aliens into the United States occur only at ports of entry. | ||
(c) The secretary shall annually report to the governor, the | ||
legislature, and the Border Security Advisory Council on the | ||
implementation of the strategic plan. | ||
Sec. 425.106. ADVISORY COUNCIL ON BORDER PROTECTION | ||
TECHNOLOGY AND EQUIPMENT. | ||
(a) The secretary shall convene an advisory council on | ||
border protection technology and equipment. | ||
(b) The secretary shall determine the makeup of the advisory | ||
council on border protection technology and equipment, considering | ||
domestic and international subject matter experts. | ||
(c) The advisory council on border protection technology | ||
and equipment shall develop and recommend to the governor, the | ||
secretary, and the legislature, a strategic plan that establishes | ||
the framework for the budgeting, procurement, implementation, and | ||
operations of border protection technology and equipment for state | ||
agencies and local governments. | ||
(d) The strategic plan under Subsection (c) must include: | ||
(1) goals and performance measures that involve | ||
collaboration and interoperability of state agencies and local | ||
governments; | ||
(2) an evaluation of 8 U.S.C. Section 1325(a) and | ||
other federal laws relating to the requirement that the admission | ||
of aliens into the United States occur only at ports of entry; and | ||
(3) an evaluation of the relationship between the | ||
financial efficiency and operation effectiveness of various types | ||
of border protection technology and equipment. | ||
(c) The advisory council on border protection technology | ||
and equipment shall twice a year report to the governor, the | ||
secretary, and the legislature, on the recommendations of the | ||
strategic plan. | ||
(d) The Homeland Security Division shall hold an annual | ||
technology fair at which vendors of emerging border protection | ||
technology and equipment demonstrate the capabilities of the | ||
products. | ||
(e) The inaugural event required by Subsection (d) of this | ||
section must be held not later than September 1, 2024. | ||
Sec. 425.107. TECHNOLOGY POLICY; REVIEW. (a) The office | ||
shall implement a policy requiring the Homeland Security Division | ||
to use appropriate technological solutions to improve the Homeland | ||
Security Division's ability to perform its functions. The policy | ||
must ensure that the Homeland Security Division's capability to | ||
conduct border security operations and similar functions is not | ||
impeded by the use of obsolete or outdated technologies. | ||
(b) The office shall periodically review emerging | ||
technologies that may be deployed for border security operations, | ||
including technologies and equipment described by Section | ||
425.104(a)(2), to ensure the Homeland Security Division | ||
consistently adopts innovative technologies and solutions for | ||
those operations. | ||
SUBCHAPTER D. HIRING, STAFFING, AND TRAINING; AUTHORITY OF OFFICERS | ||
AND OTHER EMPLOYEES | ||
Sec. 425.201. REGIONAL COMMANDERS. The secretary, with the | ||
approval of the governor, may appoint regional commanders to | ||
oversee the regional offices authorized by Section 425.005. | ||
Sec. 425.202. OFFICERS AND OTHER EMPLOYEES. (a) The | ||
secretary may commission, with the approval of the governor, | ||
officers of the Homeland Security Division as peace officers. | ||
(b) The secretary may hire any employees as necessary to | ||
carry out the duties of the Homeland Security Division, including | ||
noncommissioned officers. | ||
(c) Officers of the Homeland Security Division are entitled | ||
to compensation as provided by the legislature and must be | ||
recruited and trained within the border region to the extent | ||
practicable. | ||
(d) Subject to the provisions of this chapter, the secretary | ||
may appoint, promote, reduce, suspend, or discharge any officer or | ||
employee of the Homeland Security Division. | ||
Sec. 425.203. HIRING OFFICERS WITH PREVIOUS BORDER PATROL, | ||
TEXAS DEPARTMENT OF PUBLIC SAFETY, OR MILITARY EXPERIENCE. | ||
Notwithstanding any other provision of law, the Homeland Security | ||
Division may, at the time an officer is hired for the Homeland | ||
Security Division, elect to credit up to four years of experience as | ||
a Border Patrol Agent of the United States Customs and Border | ||
Protection or as an Officer of the Texas Department of Public | ||
Safety, or a member of the armed forces of the United States for the | ||
purpose of calculating the officer's salary under Schedule C. All | ||
officers are subject to a one-year probationary period under | ||
Section 411.007(g) notwithstanding the officer's rank or salary | ||
classification. | ||
Sec. 425.204. QUALIFICATIONS. (a) To be a commissioned | ||
officer of the Homeland Security Division, a person must hold a | ||
peace officer license issued under Chapter 1701, Occupations Code, | ||
and meet any other qualifications set by the secretary. | ||
(b) To be a noncommissioned officer of the Homeland Security | ||
Division, a person must meet the qualifications set by the | ||
secretary by rule. | ||
(c) The secretary may provide by rule for the qualifications | ||
of any other employees of the Homeland Security Division. | ||
(d) The secretary 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. | ||
(e) For purposes of Subsection (d): | ||
(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. | ||
(f) The Homeland Security Division 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. 425.205. TRAINING. (a) The Homeland Security | ||
Division shall acquire equipment and facilities and conduct | ||
training necessary to carry out the operational, intelligence, | ||
communication, logistics, and administrative duties of the | ||
Homeland Security Division provided by this chapter or the | ||
secretary. The Homeland Security Division shall conduct the | ||
training in the border region. | ||
(b) The Homeland Security Division shall expand programs | ||
for training officers to serve as members of a brush team. | ||
Sec. 425.206. AUTHORITY OF OFFICERS. (a) A commissioned | ||
officer of the Homeland Security Division 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 state. | ||
(b) A commissioned officer of the Homeland Security | ||
Division 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, up to the use of non-deadly crowd | ||
control measures. | ||
Sec. 425.207. USE OF PERSONAL VEHICLE PROHIBITED. | ||
Notwithstanding any other provision of this chapter, an officer or | ||
other employee of the Homeland Security Division 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. | ||
SUBCHAPTER E. OFFICE OF AUDIT AND REVIEW; OFFICE OF INSPECTOR | ||
GENERAL | ||
Sec. 425.251. OFFICE OF AUDIT AND REVIEW FOR HOMELAND | ||
SECURITY DIVISION. (a) The governor shall establish the office of | ||
audit and review within the Homeland Security Division and appoint | ||
a director to perform the duties under this section. The director of | ||
the office of audit and review of the Homeland Security Division | ||
shall serve until removed by the governor. | ||
(b) The director of the office of audit and review must | ||
satisfy the requirements to be the Homeland Security Division's | ||
internal auditor under Section 2102.006(b) and is considered to be | ||
the Homeland Security Division's internal auditor for purposes of | ||
Chapter 2102. | ||
(c) The office of audit and review shall coordinate | ||
activities designed to promote effectiveness in the Homeland | ||
Security Division's operations and to keep the governor and the | ||
legislature fully informed about deficiencies within the Homeland | ||
Security Division. The office of audit and review shall: | ||
(1) inspect and audit Homeland Security Division | ||
programs and operations for efficiency, uniformity, and compliance | ||
with established procedures and develop recommendations for | ||
improvement; | ||
(2) coordinate and be responsible for promoting | ||
accountability, integrity, and efficiency in the Homeland Security | ||
Division; and | ||
(3) provide the governor with information relevant to | ||
its oversight of the Homeland Security Division. | ||
(d) The Homeland Security Division shall provide the | ||
director of the office of audit and review with access to any | ||
records, data, or other information necessary to fulfill the | ||
purposes of this section. | ||
(e) The director of the office of audit and review shall, | ||
with the advice and consent of the governor, determine which audits | ||
and inspections to perform and may publish the findings and | ||
recommendations of the office of audit and review. | ||
(f) The director of the office of audit and review shall: | ||
(1) report to the governor regarding audits and | ||
inspections planned and the status and findings of those audits and | ||
inspections; and | ||
(2) report to the secretary for administrative | ||
purposes and keep the secretary informed of any findings of the | ||
office of audit and review. | ||
(g) The office of audit and review shall: | ||
(1) independently and objectively inspect the | ||
Homeland Security Division to: | ||
(A) ensure that operations are conducted | ||
efficiently, uniformly, and in compliance with established | ||
procedures; and | ||
(B) make recommendations for improvements in | ||
operational performance; | ||
(2) independently and objectively audit the Homeland | ||
Security Division to: | ||
(A) promote economy, effectiveness, and | ||
efficiency within the Homeland Security Division; | ||
(B) prevent and detect fraud, waste, and abuse in | ||
Homeland Security Division programs and operations; and | ||
(C) make recommendations about the adequacy and | ||
effectiveness of the Homeland Security Division's system of | ||
internal control policies and procedures; | ||
(3) advise in the development and evaluation of the | ||
Homeland Security Division's performance measures; | ||
(4) review actions taken by the Homeland Security | ||
Division to improve program performance and make recommendations | ||
for improvement; | ||
(5) review and make recommendations to the governor | ||
and the legislature regarding rules, laws, and guidelines relating | ||
to Homeland Security Division programs and operations; | ||
(6) keep the governor, secretary, and legislature | ||
fully informed of problems in Homeland Security Division programs | ||
and operations; and | ||
(7) ensure effective coordination and cooperation | ||
among the state auditor's office, legislative oversight | ||
committees, and other governmental bodies while attempting to avoid | ||
duplication. | ||
(h) Chapter 2102 applies to the office of audit and review. | ||
Sec. 425.252. INSPECTOR GENERAL FOR HOMELAND SECURITY | ||
DIVISION. (a) The governor shall establish the office of the | ||
inspector general within the Homeland Security Division and appoint | ||
the inspector general of the Homeland Security Division. The | ||
inspector general of the Homeland Security Division shall serve | ||
until removed by the governor. | ||
(b) The inspector general of the Homeland Security Division | ||
is responsible for: | ||
(1) preparing and delivering assessments concerning | ||
the administration of the Homeland Security Division to the | ||
governor, the legislature, and the secretary; | ||
(2) acting to prevent and detect serious breaches of | ||
Homeland Security Division policy, fraud, and abuse of office, | ||
including any acts of criminal conduct within the Homeland Security | ||
Division; 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 | ||
Homeland Security Division; | ||
(C) allegations of wrongdoing by Homeland | ||
Security Division employees; | ||
(D) crimes committed on Homeland Security | ||
Division property; and | ||
(E) serious breaches of Homeland Security | ||
Division policy. | ||
(c) The inspector general of the Homeland Security Division | ||
shall report directly to the governor regarding performance of and | ||
activities related to investigations and provide the secretary with | ||
information regarding investigations as appropriate. | ||
(d) The inspector general of the Homeland Security Division | ||
shall regularly present to the governor: | ||
(1) reports of investigations; and | ||
(2) a summary of information relating to | ||
investigations conducted under this section that includes analysis | ||
of the number, type, and outcome of investigations, trends in the | ||
investigations, and recommendations to avoid future complaints. | ||
SECTION 1.03. Chapter 820, Government Code, is amended by | ||
adding Subchapter A-1 to read as follows: | ||
SUBCHAPTER A-1. CERTAIN MILITARY SERVICE CREDIT | ||
Sec. 820.021. CERTAIN MILITARY SERVICE CREDIT WITHOUT | ||
PURCHASE. (a) A cash balance group member hired by the office of | ||
the governor for the Texas Homeland Security Division under Chapter | ||
425 who served active federal duty in the armed forces of the United | ||
States and obtains a peace officer license issued under Chapter | ||
1701, Occupations Code, while employed with the Homeland Security | ||
Division may establish military service credit not to exceed six | ||
months in the retirement system for the purposes described by | ||
Subsection (c) by submitting a request to the system in a form and | ||
manner prescribed by the system. | ||
(b) The retirement system shall grant the military service | ||
credit of a member who submits a request as provided by Subsection | ||
(a) after the system verifies that the member is a cash balance | ||
group member and served the military service required by that | ||
subsection. | ||
(c) Military service credit established under this section | ||
may be used only to determine whether the cash balance group member | ||
is eligible to retire and receive a cash balance annuity under this | ||
chapter. The service credit does not affect eligibility for any | ||
other purpose, including for purposes of determining eligibility to | ||
participate in the group benefits program established under Chapter | ||
1551, Insurance Code. | ||
SECTION 1.04. Subchapter C, Chapter 2155, Government Code, | ||
is amended by adding Section 2155.151 to read as follows: | ||
Sec. 2155.151. CERTAIN PURCHASES BY OFFICE OF THE GOVERNOR. | ||
(a) The office of the governor is delegated all purchasing | ||
functions relating to the purchase of technologies and equipment | ||
for use by the Texas Homeland Security Division in border security | ||
operations, including technology and equipment described by | ||
Section 425.104, to ensure the Homeland Security Division | ||
consistently adopts innovative technologies and solutions for | ||
those operations. | ||
(b) The office of the governor shall acquire goods and | ||
services under Subsection (a) by any procurement method that | ||
provides the best value to the office. The office of the governor | ||
shall consider the best value standards listed in Section 2155.074. | ||
(c) At the request of the office of the governor, the | ||
comptroller or the Department of Information Resources, as | ||
appropriate, shall procure goods and services described by | ||
Subsection (a) for the office. The office of the governor may use | ||
the services of the comptroller or the Department of Information | ||
Resources in procuring goods and services described by Subsection | ||
(a). | ||
ARTICLE 2. BORDER PROTECTION PROPERTY DAMAGE PROGRAM | ||
SECTION 2.01. The heading to Chapter 56C, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
CHAPTER 56C. BORDER CRIME [ |
||
DAMAGE COMPENSATION PROGRAM [ |
||
SECTION 2.02. Article 56C.001, Code of Criminal Procedure, | ||
is amended by amending Subdivision (2) and adding Subdivision (2-a) | ||
to read as follows: | ||
(2) "Border crime" means conduct: | ||
(A) constituting an offense under: | ||
(i) Subchapter D, Chapter 481, Health and | ||
Safety Code; | ||
(ii) Section 20.05, 20.06, or 38.04, Penal | ||
Code; or | ||
(iii) Chapter 20A, Penal Code; and | ||
(B) involving transnational criminal activity. | ||
(2-a) "Border region" has the meaning assigned by | ||
Section 772.0071, Government Code. | ||
SECTION 2.03. The heading to Article 56C.003, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
Art. 56C.003. BORDER CRIME PROPERTY DAMAGE [ |
||
COMPENSATION PROGRAM. | ||
SECTION 2.04. Article 56C.003, Code of Criminal Procedure, | ||
is amended by amending Subsections (a), (c), and (d) and adding | ||
Subsection (a-1) to read as follows: | ||
(a) From the funding sources described by Subsection (a-1) | ||
[ |
||
establish and administer a program to compensate: | ||
(1) landowners who suffer real property damage on | ||
agricultural land caused by: | ||
(A) [ |
||
under Chapter 28, Penal Code, that was committed in the course of or | ||
in furtherance of a border crime; or | ||
(B) [ |
||
trespasser who was engaged in a border crime; and | ||
(2) persons residing in the border region who suffer | ||
real or personal property damage caused by a person described by | ||
Subdivision (1)(A) or (B). | ||
(a-1) The attorney general may use money from the following | ||
sources to establish the program described by Subsection (a): | ||
(1) money appropriated, credited, or transferred by | ||
the legislature for purposes of the program; | ||
(2) revenue that the legislature by statute dedicates | ||
for deposit to the credit of the program; | ||
(3) investment earnings and interest earned on money | ||
held for purposes of administering the program; | ||
(4) gifts, grants, and donations received by the state | ||
for purposes of the program; and | ||
(5) proceeds received under Article 59.06(v). | ||
(c) The attorney general may not award compensation under | ||
this article for [ |
||
[ |
||
a written report by a law enforcement agency as having occurred in | ||
connection with a border crime. | ||
(d) In awarding compensation under this article for [ |
||
property damage caused by a trespasser [ |
||
criminal prosecution arising out of the offense under Chapter 28, | ||
Penal Code, as a result of which the applicant suffered property | ||
damage or the applicable offense listed in Article 56C.001(2)(A). | ||
SECTION 2.05. Article 56C.006(a), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) The program established under Article 56C.003 is a payer | ||
of last resort for [ |
||
article. | ||
SECTION 2.06. 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 | ||
[ |
||
SECTION 2.07. 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 border crime | ||
property damage compensation program established under Chapter | ||
56C. | ||
SECTION 2.08. Article 56C.007, Code of Criminal Procedure, | ||
is repealed. | ||
ARTICLE 3. BORDER SECURITY ADVISORY COUNCIL | ||
SECTION 3.01. Subchapter B-1, Chapter 421, Government Code, | ||
is amended by adding Section 421.0425 to read as follows: | ||
Sec. 421.0425. BORDER SECURITY ADVISORY COUNCIL. (a) The | ||
Border Security Advisory Council is a permanent special advisory | ||
committee created to advise the legislature and the governor or the | ||
governor's designee on homeland security issues impacting the | ||
security of the Texas-Mexico border and on streamlining statewide | ||
border security activities and initiatives. | ||
(b) The council is composed of: | ||
(1) the chair of the standing substantive committee of | ||
the senate with primary jurisdiction over border security; | ||
(2) the chair of the standing substantive committee of | ||
the house of representatives with primary jurisdiction over border | ||
security and public safety; | ||
(3) four senators appointed by the lieutenant governor | ||
who collectively meet the following requirements: | ||
(A) two senators must represent senatorial | ||
districts located in the border region; and | ||
(B) one senator must be the chair of the senate | ||
standing committee with primary jurisdiction over border security | ||
issues; | ||
(4) four members of the house of representatives | ||
appointed by the speaker of the house of representatives who | ||
collectively meet the following requirements: | ||
(A) two representatives must represent house | ||
districts located in the border region; and | ||
(B) one representative must be the chair of the | ||
house standing committee with primary jurisdiction over border | ||
security and public safety issues; | ||
(5) as nonvoting members, the executive head of or a | ||
designee from each of the following: | ||
(A) Department of Public Safety; | ||
(B) Texas Military Department; | ||
(C) Texas Division of Emergency Management; | ||
(D) Parks and Wildlife Department; | ||
(E) Texas Department of Criminal Justice; | ||
(F) Office of Court Administration of the Texas | ||
Judicial System; and | ||
(G) Texas Alcoholic Beverage Commission; | ||
(6) as a nonvoting member, the presiding officer of | ||
the border prosecution unit established under Section 772.052; | ||
(7) the following nonvoting members appointed by the | ||
governor or the governor's designee: | ||
(A) one representative of a county located in the | ||
border region, other than a sheriff; | ||
(B) one sheriff of a county located in the border | ||
region; | ||
(C) one representative of a municipality located | ||
in the border region, other than a municipal police chief; | ||
(D) one police chief of a municipality located in | ||
the border region; and | ||
(E) one representative of the business community | ||
involved in international trade across the Texas-Mexico border; and | ||
(8) other nonvoting members as determined by the | ||
governor or the governor's designee. | ||
(c) The committee chairs described by Subsections (b)(1) | ||
and (2) are joint chairs of the council. | ||
(d) A majority of the voting members of the council | ||
constitutes a quorum to transact business. If a quorum is present, | ||
the council may act on any matter within the council's jurisdiction | ||
by a majority vote. | ||
(e) The council shall meet as often as necessary to perform | ||
the council's duties. Meetings may be held at any time at the | ||
request of either chair. | ||
(f) As an exception to Chapter 551 and other law, for a | ||
meeting at which both joint chairs of the council are physically | ||
present, any number of the other council members may attend the | ||
meeting by use of telephone conference call, video conference call, | ||
or other similar technology. This subsection applies for purposes | ||
of establishing a quorum or voting or for any other purpose allowing | ||
the members to fully participate in any council meeting. This | ||
subsection applies without regard to the subject or topics | ||
considered by the members at the meeting. | ||
(g) A council meeting held by use of telephone conference | ||
call, video conference call, or other similar technology: | ||
(1) is subject to the notice requirements applicable | ||
to other meetings; | ||
(2) must specify in the notice of the meeting the | ||
location at which the joint chairs will be physically present; | ||
(3) must be open to the public and audible to the | ||
public at the location specified in the notice under Subdivision | ||
(2); and | ||
(4) must provide two-way audio communication between | ||
all council members attending the meeting during the entire | ||
meeting, and if the two-way audio communication link with any | ||
member attending the meeting is disrupted at any time, the meeting | ||
may not continue until the two-way audio communication link is | ||
reestablished. | ||
(h) In addition to the duties under Section 421.045, the | ||
council shall: | ||
(1) use statistical analyses and other research | ||
methods to conduct an in-depth examination of border safety | ||
initiatives and programs in this state that includes: | ||
(A) an assessment of: | ||
(i) the efficiency and cost-effectiveness | ||
of the use of state and local funds in ensuring border safety; | ||
(ii) any duplication, overlap, and conflict | ||
between state-run border security programs; and | ||
(iii) the effectiveness of communication | ||
and coordination among state, local, and federal agencies | ||
responsible for or engaged in border security; | ||
(B) an identification of critical border safety | ||
problems; and | ||
(C) a determination of the state's long-range | ||
border safety needs; | ||
(2) identify and anticipate challenges and threats to | ||
agencies' operations along the Texas-Mexico border; | ||
(3) develop solutions to overcome the challenges and | ||
threats described by Subdivision (2); | ||
(4) identify strategic opportunities agencies may use | ||
to enhance the capabilities and effectiveness of their roles in | ||
this state's operations along the Texas-Mexico border; | ||
(5) recommend to the legislature and the governor: | ||
(A) strategies to solve the problems | ||
identified under Subdivision (1)(B); | ||
(B) policy priorities to address the | ||
long-range needs determined under Subdivision (1)(C); and | ||
(C) measures based on objective research | ||
and analysis to help guide state border safety policies; | ||
(6) advise the legislature and the governor regarding: | ||
(A) coordinating the goals and | ||
responsibilities for border security efforts of local and state | ||
agencies with jurisdiction over border security; | ||
(B) developing procedures for streamlining | ||
decision-making of local and state agencies with jurisdiction over | ||
border security; and | ||
(C) improving transparency of border | ||
security operations; and | ||
(7) advise and assist the legislature and the governor | ||
in developing plans, programs, and proposed legislation to improve | ||
the effectiveness of border safety initiatives and programs. | ||
(i) The council may hire staff or may contract with | ||
universities or other suitable entities to assist the council in | ||
carrying out the council's duties. Funding to support the operation | ||
of the council shall be provided from funds appropriated to the | ||
Texas Legislative Council. | ||
(j) Not later than January 1 of each odd-numbered year, the | ||
council shall submit to the legislature and the governor a report | ||
that contains the recommendations described by Subsection (h)(5). | ||
SECTION 3.02. Section 421.044, Government Code, is amended | ||
to read as follows: | ||
Sec. 421.044. COMPENSATION AND REIMBURSEMENT OF EXPENSES | ||
PROHIBITED. (a) A person who is a member of a permanent special | ||
advisory committee created under this subchapter is not entitled to | ||
receive: | ||
(1) compensation from this state for service on the | ||
committee; or | ||
(2) except as provided by Subsection (b), travel | ||
expenses incurred by the person while conducting the business of | ||
the committee. | ||
(b) A member of the Border Security Advisory Council created | ||
under Section 421.0425 is entitled to travel expenses described by | ||
Subsection (a)(2) as provided by the General Appropriations Act. | ||
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. (a) 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, | ||
buoys, 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, including | ||
surveillance and detection technology, 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, | ||
including controlled substances, such as fentanyl, cocaine, | ||
heroin, and methamphetamine, across the Texas-Mexico border; and | ||
(6) the acquisition and construction of facilities, | ||
equipment and services to remove illegal immigrants from Texas. | ||
(7) 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 in any direction within 30 miles | ||
of a port of entry. | ||
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 article, the office of the governor shall adopt rules | ||
as necessary to implement Subchapter G, Chapter 421, Government | ||
Code, as added by this article. | ||
ARTICLE 5. BORDER PROTECTION AGREEMENTS | ||
SECTION 5.01. (a) 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. | ||
(b) An individual entering this state from a foreign country | ||
shall enter through a legal port of entry. | ||
SECTION 5.02. 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 AND ENGAGEMENT WITH | ||
AUTHORITIES OF UNITED MEXICAN STATES. (a) On behalf of this state, | ||
the governor shall 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. | ||
(b) The governor may appoint a group of individuals | ||
responsible for meeting in person with the appropriate local, | ||
state, and federal authorities of the United Mexican States to | ||
coordinate, develop, and execute agreements under Subsection (a). | ||
The group appointed under this subsection may operate within the | ||
United Mexican States as practicable. | ||
ARTICLE 6. SEVERABILITY; EFFECTIVE DATE | ||
SECTION 6.01. It is the intent of the legislature that every | ||
provision, section, subsection, sentence, clause, phrase, or word | ||
in this Act, and every application of the provisions in this Act to | ||
every person, group of persons, or circumstances, is severable from | ||
each other. If any application of any provision in this Act to any | ||
person, group of persons, or circumstances is found by a court to be | ||
invalid for any reason, the remaining applications of that | ||
provision to all other persons and circumstances shall be severed | ||
and may not be affected. | ||
SECTION 6.02. 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. |