Bill Text: TX HB7 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

Spectrum: Partisan Bill (Republican 79-3)

Status: (Engrossed - Dead) 2023-05-27 - Senate appoints conferees-reported [HB7 Detail]

Download: Texas-2023-HB7-Comm_Sub.html

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88R25151 JCG-F
By: Guillen, et al. H.B. No. 7
Substitute the following for H.B. No. 7:
By: Slawson C.S.H.B. No. 7

A BILL TO BE ENTITLED
AN ACT
relating to services and programs in the southern border region of
this state to address the effects of ongoing criminal activity and
public health threats in that region.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. LEGISLATIVE FINDING
SECTION 1.01. 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.
ARTICLE 2. BORDER PROTECTION AGREEMENTS
SECTION 2.01. Title 7, Government Code, is amended by
adding Chapter 794 to read as follows:
CHAPTER 794. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN
STATES
Sec. 794.001. AUTHORITY FOR AGREEMENTS. 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.
ARTICLE 3. BORDER REGION SPECIALTY COURT PROGRAM
SECTION 3.01. Chapter 72, Government Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. BORDER PROTECTION COURT GRANT PROGRAM
Sec. 72.201. DEFINITIONS. In this subchapter:
(1) "Border-related offense" means an offense:
(A) associated with or involving:
(i) a person unlawfully entering or
attempting to enter this state by crossing the Texas-Mexico border
at any place other than at a port of entry;
(ii) the smuggling of individuals or
contraband across the Texas-Mexico border; or
(iii) an operative of a transnational
cartel;
(B) similar to an offense described by Paragraph
(A) that the office by rule defines as a border-related offense for
purposes of this subchapter; or
(C) for which the office has determined
prosecutions have increased as a result of Operation Lone Star.
(2) "Border region" has the meaning assigned by
Section 772.0071.
Sec. 72.202. GRANT PROGRAM. (a) From money appropriated
for that purpose, the office shall establish and administer a grant
program to support the operation of courts in the border region with
the adjudication of border-related offenses.
(b) In addition to other funds appropriated by the
legislature and for purposes of administering and funding the grant
program, 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, as necessary to ensure
resources are available to achieve the purpose described by
Subsection (a).
(c) The grants awarded under this subchapter may be used for
the reimbursement of costs associated with the operation of a
court, including the:
(1) salary of a visiting judge appointed under Chapter
74;
(2) salary and benefits of an associate judge, court
coordinator, court administrator, court reporter, and court
interpreter;
(3) salary and benefits of district and county clerk
staff;
(4) travel costs and other expenses incurred by court
personnel and judges in the performance of their duties;
(5) cost of equipment necessary for personnel
dedicated to the processing and adjudicating of border-related
offenses; or
(6) fees and related expenses for the appointment of
counsel to represent an indigent defendant under Chapter 26, Code
of Criminal Procedure, or the costs to operate a public defender's
office or managed assigned counsel program under that chapter, as
those fees and expenses relate to the adjudication of
border-related offenses.
Sec. 72.203. RULES. (a) The office shall adopt rules for
the administration and operation of the grant program established
under this subchapter.
(b) In adopting the rules, the office shall:
(1) conduct a study of the data available on crime,
arrests, detentions, and convictions to identify offenses for which
prosecutions have increased as a result of Operation Lone Star; and
(2) solicit from governmental officials, community
leaders, and other interested persons in the border region
information necessary to identify the courts of the region needing
financial assistance.
(c) The rules must include:
(1) administrative provisions for grants awarded
under this subchapter, including:
(A) eligibility criteria for grant applicants,
including criteria to limit eligibility to those applicants
experiencing an increase in caseloads;
(B) grant application procedures;
(C) guidelines relating to grant amounts;
(D) procedures for evaluating grant
applications; and
(E) procedures for monitoring the use of grants;
(2) methods for tracking the effectiveness of grants
and the efficiency of the applicants receiving grants; and
(3) procedures for reporting caseload data at least
annually.
Sec. 72.204. GRANT AMOUNTS. The amount of a grant awarded
under this section may not exceed the amount set by the General
Appropriations Act.
Sec. 72.205. REPORTING REQUIREMENTS. The recipient of a
grant awarded under this subchapter shall submit to the office an
annual report on the grant money spent during the year covered by
the report and the purposes for which that money was spent.
Sec. 72.206. ADMINISTRATIVE COSTS. Unless otherwise
provided by the appropriation, the office 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 the grant program.
SECTION 3.02. As soon as practicable after the effective
date of this Act, the Office of Court Administration of the Texas
Judicial System shall with respect to Subchapter H, Chapter 72,
Government Code, as added by this Act:
(1) adopt rules as necessary to implement the
subchapter; and
(2) establish the grant program required by the
subchapter.
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. GRANT PROGRAMS FOR INFRASTRUCTURE, FACILITIES,
EQUIPMENT, AND SERVICES IN THE BORDER REGION
Sec. 421.111. DEFINITIONS. In this subchapter:
(1) "Border region" has the meaning assigned by
Section 772.0071.
(2) "Division" means the criminal justice division
established under Section 772.006.
(3) "Local government" means a municipality, county,
special purpose district, or other political subdivision of this
state.
Sec. 421.112. GRANTS PROGRAMS. From money appropriated for
that purpose, the division shall establish and administer:
(1) the Border Protection Equipment and
Infrastructure Fund to award grants to state agencies and local
governments located or operating in the border region for the
construction and maintenance of temporary border security
infrastructure, including temporary barriers, 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 and for 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;
(2) the Border Protection Criminal Justice Facilities
Fund to award grants to state agencies, local governments, or
private entities located or operating in the border region for the
construction and maintenance of facilities related to prosecuting
and adjudicating offenses committed in the border region, including
court facilities, processing facilities, detention facilities,
criminal justice centers, and other similar facilities;
(3) the Border Protection Public Safety Personnel Fund
to award grants to state agencies or local governments located or
operating in the border region for the payment of staff salaries and
benefits and the payment of operational expenses related to
providing law enforcement services; and
(4) the Border Protection Secure Trade Fund to award
grants to state agencies, local governments, entities operating
ports of entry, or private entities located or operating in the
border region for the construction of improvements 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 across
the Texas-Mexico border and for the construction or improvement of
roadways and similar transportation facilities that provide for
detailed monitoring of commercial motor vehicles traveling along
the roadways and facilities in the border region.
Sec. 421.113. FEDERAL FUNDS; GIFTS, GRANTS, AND DONATIONS.
In addition to other funds appropriated by the legislature and for
purposes of administering and funding the grant programs
established under Section 421.112, the division 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, as necessary to ensure
effective implementation of the programs.
Sec. 421.114. RULES. (a) The governor shall adopt rules
for the administration of this subchapter.
(b) In adopting the rules, the governor shall solicit from
public officials and community leaders in the border region and any
other interested stakeholders information necessary to identify
the greatest needs for financial assistance in that region.
(c) In adopting rules that relate to the grant program
established under Section 421.112(4), the governor shall consult
federal agencies, state agencies, local governments, and private
entities with particular knowledge and expertise on the:
(1) investigation, interdiction, and prosecution of
persons smuggling individuals and contraband over the Texas-Mexico
border; and
(2) construction or improvement of roadways and
similar transportation facilities that provide for detailed
monitoring of commercial motor vehicles traveling along the
roadways and facilities.
(d) The rules must include:
(1) administrative provisions for grants awarded
under this subchapter, including:
(A) eligibility criteria for grant applicants;
(B) grant application procedures;
(C) guidelines relating to grant amounts;
(D) procedures for evaluating grant
applications; and
(E) procedures for monitoring the use of grants;
(2) methods for tracking the effectiveness of grants;
and
(3) provisions for donations to the grant program
established under Section 421.112(1).
Sec. 421.115. GRANT AMOUNTS. The amount of a grant awarded
under this subchapter may not exceed the amount set by the General
Appropriations Act.
Sec. 421.116. REPORTING REQUIREMENTS. The recipient of a
grant awarded under this subchapter shall submit to the division an
annual report on the grant money spent during the year covered by
the report and the purposes for which that money was spent.
Sec. 421.117. 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 Act, the office of the governor shall with respect to
Subchapter G, Chapter 421, Government Code, as added by this Act:
(1) adopt rules as necessary to implement the
subchapter; and
(2) establish the grant programs required by the
subchapter.
ARTICLE 5. BORDER PROTECTION PROPERTY DAMAGE ACCOUNT
SECTION 5.01. 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
[20.05,] 20.06, 20.07, 43.04, or 43.05 or Chapter 20A, Penal Code.
SECTION 5.02. 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, 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 property damage
compensation account established under Chapter 421A, Government
Code.
SECTION 5.03. Subtitle B, Title 4, Government Code, is
amended by adding Chapter 421A to read as follows:
CHAPTER 421A. BORDER PROPERTY DAMAGE COMPENSATION ACCOUNT
Sec. 421A.001. DEFINITIONS. In this chapter:
(1) "Account" means the border property damage
compensation account established under this chapter.
(2) "Border region" has the meaning assigned by
Section 772.0071.
(3) "Division" means the criminal justice division
established under Section 772.006.
Sec. 421A.002. LEGISLATIVE FINDING. The legislature finds
that a person in the border region who incurs actual damages to the
person's real or personal property is a victim of crime for purposes
of Section 31, Article I, Texas Constitution, if the damage is
caused by:
(1) a person who entered or attempted to enter this
state by crossing the Texas-Mexico border at a place other than at a
port of entry;
(2) a person who assisted a person described by
Subdivision (1); or
(3) a law enforcement action taken to repel, arrest,
or detain a person described by Subdivision (1) or (2).
Sec. 421A.003. ACCOUNT ESTABLISHED. (a) The border
property damage compensation account is:
(1) created within the compensation to victims of
crime fund; and
(2) administered by the division under rules adopted
by the governor for the purposes authorized by this chapter.
(b) The account consists of:
(1) money appropriated, credited, or transferred to
the account by the legislature;
(2) revenue that the legislature by statute dedicates
for deposit to the credit of the account;
(3) investment earnings and interest earned on money
in the account;
(4) gifts, grants, and donations received by the state
for the purpose of the account; and
(5) proceeds received under Article 59.06(v), Code of
Criminal Procedure.
Sec. 421A.004. USE OF MONEY; COMPENSATION PROGRAM.
Notwithstanding any other law, from money appropriated from the
account for that purpose, the division shall establish a program to
compensate a person residing in the border region for actual
damages to the person's real or personal property caused by:
(1) a person who entered or attempted to enter this
state by crossing the Texas-Mexico border at a place other than at a
port of entry;
(2) a person who assisted a person described by
Subdivision (1); or
(3) a law enforcement action taken to repel, arrest,
or detain a person described by Subdivision (1) or (2).
Sec. 421A.005. RULES. The governor may adopt rules to
administer this chapter.
ARTICLE 6. EDUCATIONAL PROGRAM
SECTION 6.01. Chapter 61, Education Code, is amended by
adding Subchapter D-1 to read as follows:
SUBCHAPTER D-1. BORDER INSTITUTION GRANT PROGRAM
Sec. 61.101. BORDER INSTITUTION GRANT PROGRAM. (a) In this
subchapter, "border region" has the meaning assigned by Section
772.0071, Government Code.
(b) Subject to the availability of funds, the board shall
establish a border institution grant program under which the board
awards financial assistance to institutions of higher education
located in the border region that administer innovative programs
designed to:
(1) recruit, train, retain, or otherwise increase the
number of professionals in fields related to border safety or
affected by ongoing criminal activity and public health threats to
the border region, as determined by board rule, including by
providing a salary increase or stipend to a faculty member who
provides instruction to additional students in a degree or
certificate program that graduates those professionals; and
(2) conduct research in areas of study related to
border safety or the effects of ongoing criminal activity and
public health threats to the border region.
Sec. 61.102. FEDERAL FUNDS AND GIFTS, GRANTS, AND
DONATIONS. In addition to other funds appropriated by the
legislature and for the purposes described by Section 61.101, the
board 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, as necessary to ensure
effective implementation of the grant program established under
this subchapter.
Sec. 61.103. RULES. (a) The board shall adopt rules for
the administration of the grant program established under this
subchapter. In adopting the rules, the board shall solicit, from
border region officials, community leaders in the border region,
and other stakeholders, information necessary to identify
innovative programs anticipated to produce the best outcomes and
serve the greatest need.
(b) The rules must include:
(1) administrative provisions for grants awarded
under this subchapter, including:
(A) eligibility criteria for institutions of
higher education, including a requirement that the institution
demonstrate regional and state workforce need;
(B) grant application procedures;
(C) guidelines relating to grant amounts;
(D) procedures for evaluating grant
applications; and
(E) procedures for monitoring the use of grants;
and
(2) methods for tracking the effectiveness of grants
that:
(A) using data reasonably available to the board,
consider relevant information regarding the career paths of
professionals described by Section 61.101 during the four-year
period following their graduation; and
(B) evaluate whether and for how long those
professionals practice in a field described by Section 61.101 in
this state.
Sec. 61.104. AWARD OF GRANTS. In awarding grants under this
subchapter, the board shall give priority to applicants that
propose to:
(1) enhance or leverage existing degree programs that
graduate professionals described by Section 61.101;
(2) establish or maintain a program that serves a
rural or underserved area;
(3) partner with another institution of higher
education to develop a joint program;
(4) establish or maintain a program that incentivizes
professionals described by Section 61.101 to serve in their field
or a related field of study for at least three consecutive years
following graduation; and
(5) establish or maintain a degree or certificate
program to educate professionals in specialties that face
significant workforce shortages, including those described by
Section 61.101.
Sec. 61.105. GRANT AMOUNTS. The amount of a grant awarded
under this subchapter may not exceed an amount specified in the
General Appropriations Act.
Sec. 61.106. REPORTING REQUIREMENTS. An institution of
higher education that receives a grant awarded under this
subchapter shall submit to the board an annual report on the amounts
and purposes for which grant money was spent during the year covered
by the report.
Sec. 61.107. ADMINISTRATIVE COSTS. Unless otherwise
provided by the appropriation, the board 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 6.02. (a) As soon as practicable after the
effective date of this Act, the Texas Higher Education Coordinating
Board shall adopt rules for the implementation and administration
of the border institution grant program established under
Subchapter D-1, Chapter 61, Education Code, as added by this Act.
(b) Not later than September 1, 2024, the Texas Higher
Education Coordinating Board shall establish the border
institution grant program required by Subchapter D-1, Chapter 61,
Education Code, as added by this Act, and shall begin to award
grants under the program as soon as practicable after the program is
established.
ARTICLE 7. ECONOMIC DEVELOPMENT INITIATIVE
SECTION 7.01. Chapter 481, Government Code, is amended by
adding Subchapter Q to read as follows:
SUBCHAPTER Q. BORDER PROTECTION ECONOMIC DEVELOPMENT INITIATIVE
Sec. 481.241. DEFINITION. In this subchapter, "border
region" has the meaning assigned by Section 772.0071.
Sec. 481.242. CAMPAIGN FOR BUSINESSES AND TOURISM. (a) In
consultation with stakeholders in the border region, the office
shall develop and execute a campaign to:
(1) attract domestic and foreign entities to:
(A) locate the headquarters of those entities in
the border region; or
(B) expand the entities' operations to the border
region;
(2) support and promote tourism in the border region;
and
(3) support institutions and initiatives in the border
region that create an environment conducive to starting or
operating a company whose primary business is providing homeland
security technology or services.
(b) The office may coordinate with and assist any
municipality, county, or other political subdivision in supporting
or promoting the purposes described by Subsection (a).
Sec. 481.243. TARGETED RESEARCH AND OUTREACH; SUPPORTIVE
PROGRAMS. (a) In developing and executing the campaign described
by Section 481.242, the office shall identify and research
particular companies and types of companies with a high potential
of commercial success if the companies were to operate in the border
region.
(b) For each company identified under Subsection (a), the
office shall develop and execute a campaign to attract the company
to locate its headquarters or expand operations into the border
region.
(c) For a type of company identified under Subsection (a),
the office shall create programs for supporting the formation of
new companies in the border region of that type.
Sec. 481.244. GIFTS, GRANTS, AND DONATIONS. To achieve the
purposes of this subchapter, the office shall:
(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, as necessary to ensure
effective implementation of this subchapter.
Sec. 481.245. ANNUAL REPORT. Not later than December 31 of
each year, the office shall report to the legislature on the
activities of the office under this subchapter.
Sec. 481.246. ADMINISTRATIVE COSTS. Unless otherwise
provided by the appropriation, the office may use a reasonable
amount, not to exceed five percent, of any general revenue
appropriated for the purposes of this subchapter to administer this
subchapter.
ARTICLE 8. EFFECTIVE DATE
SECTION 8.01. This Act takes effect September 1, 2023.