Bill Text: TX HB4306 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to border security infrastructure enhancement projects and the creation of a fund to pay for those projects; allocating the earnings on the balance of that fund and reimbursement of related expenditures; including a study on water retention infrastructure near the border.
Spectrum: Strong Partisan Bill (Republican 31-2)
Status: (Engrossed - Dead) 2019-05-21 - Considered in public hearing [HB4306 Detail]
Download: Texas-2019-HB4306-Engrossed.html
| By: Biedermann, Nevárez, Cain, Miller, Murr, | H.B. No. 4306 | |
| et al. | ||
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| relating to border security infrastructure enhancement projects | ||
| and the creation of a fund to pay for those projects; allocating the | ||
| earnings on the balance of that fund and reimbursement of related | ||
| expenditures; including a study on water retention infrastructure | ||
| near the border. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 421, Government Code, is amended by | ||
| adding Subchapter G to read as follows: | ||
| SUBCHAPTER G. BORDER SECURITY INFRASTRUCTURE ENHANCEMENT | ||
| Sec. 421.101. DEFINITION. In this subchapter, "fund" means | ||
| the border security infrastructure enhancement fund. | ||
| Sec. 421.102. BORDER SECURITY INFRASTRUCTURE ENHANCEMENT | ||
| FUND. (a) The border security infrastructure enhancement fund is | ||
| an account in the general revenue fund to be administered by the | ||
| governor under this subchapter and rules adopted by the governor | ||
| under this subchapter. | ||
| (b) The fund consists of appropriations of money made by the | ||
| legislature for deposit to the credit of the fund. | ||
| Sec. 421.103. FUND INTEREST. The comptroller shall deposit | ||
| to the credit of the foundation school fund interest and other | ||
| earnings made on the balance of the border security infrastructure | ||
| enhancement fund. | ||
| Sec. 421.104. USE OF FUND. The governor may use money in | ||
| the fund only for activities described by this section undertaken | ||
| for the purposes of preventing human trafficking and entry into the | ||
| United States of contraband, including but not limited to narcotics | ||
| and other controlled substances. The governor's use of the money in | ||
| the fund is including and limited to the activities described in the | ||
| pilot program developed and implemented under Section 2 of the Act | ||
| enacting this subchapter. | ||
| Sec. 421.105. TEXAS CONTRACTOR PREFERENCE. If the governor | ||
| seeks to contract with a private entity using money from the fund, | ||
| the governor must give preference to an entity that: | ||
| (1) is incorporated or otherwise formed under the laws | ||
| of this state; or | ||
| (2) has a headquarters or other principal office | ||
| located in this state. | ||
| Sec. 421.106. REIMBURSEMENT. (a) The governor shall make a | ||
| request to the federal government for reimbursement of the amounts | ||
| expended from the fund. | ||
| (b) The comptroller shall deposit to the credit of the | ||
| foundation school fund an amount received from the federal | ||
| government as a reimbursement of an amount expended from the border | ||
| security infrastructure enhancement fund. | ||
| Sec. 421.107. RULES. The governor shall adopt rules | ||
| necessary to carry out this subchapter. | ||
| SECTION 2. (a) The governor shall develop and implement a | ||
| pilot program under this section in one or more of the following: | ||
| (1) a county located on an international border with a | ||
| population of more than 14,000 but not more than 15,000; | ||
| (2) a county located on an international border with a | ||
| population of more than 54,000 but not more than 55,000; and | ||
| (3) a county located on an international border with a | ||
| population of more than 240,000 but not more than 252,000. | ||
| (b) The governor shall begin the implementation of the pilot | ||
| program not later than November 1, 2019. | ||
| (c) In developing and implementing the pilot program, the | ||
| governor shall consult with local officials, local law enforcement, | ||
| the Department of Public Safety, and United States Customs and | ||
| Border Protection. The pilot program must be designed to: | ||
| (1) plan, design, construct, or maintain along this | ||
| state's international border: | ||
| (A) water infrastructure, limited to a bulkhead | ||
| in a county located on an international border with a population of | ||
| more than 240,000 but not more than 252,000; | ||
| (B) transportation infrastructure, limited to | ||
| Farm-to-Market Road 1021, Farm-to-Market Road 1472, and the road | ||
| popularly referred to as El Indio Highway and Old Mines Road; | ||
| (C) detection technology to combat human | ||
| smuggling and contraband, including but not limited to narcotics | ||
| and other controlled substances; and | ||
| (D) commercial vehicle inspection infrastructure | ||
| at ports of entry and designated state highway inspection stations; | ||
| (2) clear nonindigenous plants; | ||
| (3) create a communication portal for all law | ||
| enforcement entities in counties in which the pilot program is | ||
| implemented to share information, video feeds, radio feeds, and | ||
| other technological information that would further the purposes of | ||
| Subchapter G, Chapter 421, Government Code, as added by this Act; | ||
| (4) evaluate the benefits of infrastructure | ||
| improvements in counties in which the pilot program is implemented; | ||
| and | ||
| (5) study the effects of clearing at least 20 percent | ||
| but not more than 30 percent of brush or invasive plant species on | ||
| land located along this state's international border in counties in | ||
| which the pilot program is implemented. | ||
| (d) The governor shall identify the strategies implemented | ||
| in the pilot program that are successful in furthering the purposes | ||
| of Subchapter G, Chapter 421, Government Code, as added by this Act. | ||
| The governor shall: | ||
| (1) prepare a plan for implementing the identified | ||
| strategies in all other areas along this state's international | ||
| border; and | ||
| (2) submit the plan to the legislature not later than | ||
| January 1, 2021. | ||
| SECTION 3. (a) In this section: | ||
| (1) "Board" means the Texas Water Development Board. | ||
| (2) "Commission" means the Texas Commission on | ||
| Environmental Quality. | ||
| (3) "Water retention infrastructure" means | ||
| infrastructure located within one mile of the Rio Grande River | ||
| related to the retention of water. | ||
| (b) The board and the commission jointly shall: | ||
| (1) conduct a study concerning the effects the | ||
| construction of water retention infrastructure would have on storm | ||
| drainage, water quality, and environmental contamination matters | ||
| in this state; and | ||
| (2) develop recommendations for actions that may | ||
| prevent or mitigate any negative effects on storm drainage, water | ||
| quality, or environmental contamination matters resulting from the | ||
| construction of water retention infrastructure. | ||
| (c) The study must investigate: | ||
| (1) whether and to what extent the construction of | ||
| water retention infrastructure would cause or contribute to flood | ||
| management or other storm drainage problems in this state; | ||
| (2) whether and to what extent the construction of | ||
| water retention infrastructure would cause or contribute to | ||
| negative environmental contamination or other environmental | ||
| effects in this state; | ||
| (3) whether certain designs or methods of construction | ||
| of water retention infrastructure would prevent or mitigate any | ||
| negative effects identified under Subdivision (1) or (2) of this | ||
| subsection; | ||
| (4) any economic effects expected to result from any | ||
| negative effects identified under Subdivision (1) or (2) of this | ||
| subsection; and | ||
| (5) what actions by the state would best prevent or | ||
| mitigate any negative effects identified under Subdivision (1) or | ||
| (2) of this subsection. | ||
| (d) Not later than March 1, 2020, the board and the | ||
| commission shall submit to the governor, the lieutenant governor, | ||
| and each standing committee of the legislature having primary | ||
| jurisdiction over water development and environmental matters: | ||
| (1) a report of the findings of the study conducted | ||
| under this section; and | ||
| (2) recommendations for actions that may prevent or | ||
| mitigate any negative storm drainage, water quality, or | ||
| environmental contamination effects resulting from the | ||
| construction of water retention infrastructure. | ||
| (e) This section expires January 1, 2021. | ||
| SECTION 4. (a) The Sunset Advisory Commission shall review | ||
| the actions of the governor under this Act as if the authority | ||
| provided by this Act were provided to a state agency subject to | ||
| review under Chapter 325, Government Code (Texas Sunset Act). | ||
| (b) The review must assess the effectiveness of the | ||
| governor's actions in fulfilling the purposes of this Act. | ||
| (c) Not later than September 1, 2025, the Sunset Advisory | ||
| Commission shall compete the review and deliver a report of its | ||
| findings and recommendations to the legislature. | ||
| SECTION 5. 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 September 1, 2019. | ||
