Bill Text: TX HB7 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
By: Guillen, Raymond, Muñoz, Jr., | H.B. No. 7 | |
Morales of Maverick, Lopez of Cameron, |
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relating to border protection and economic development services, | ||
programs, and other measures, including establishing educational | ||
programs and the border protection unit, in this state to address | ||
the effects of ongoing disasters, including disasters caused by | ||
transnational and other criminal activity and public health | ||
threats. | ||
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 may 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 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 significantly 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 collected for this | ||
purpose or otherwise 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, including caseload data necessary to update the study | ||
described by Section 72.2055. | ||
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 FOR GRANT RECIPIENTS. | ||
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. 72.2055. ANNUAL REPORT BY OFFICE. Annually, the | ||
office shall update the study conducted under Section 72.203(b)(1) | ||
using caseload data required to be reported under the rules adopted | ||
under Section 72.203(c). | ||
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. 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. 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, | ||
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 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 | ||
(6) 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. | ||
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 Act, the office of the governor shall adopt rules as | ||
necessary to implement Subchapter G, Chapter 421, Government Code, | ||
as added by this Act. | ||
ARTICLE 5. BORDER PROTECTION PROPERTY DAMAGE PROGRAM | ||
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 | ||
[ |
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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 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 | ||
property damage compensation program established under Chapter | ||
56C. | ||
SECTION 5.03. Title 1, Code of Criminal Procedure, is | ||
amended by adding Chapter 56C to read as follows: | ||
CHAPTER 56C. BORDER PROPERTY DAMAGE COMPENSATION PROGRAM | ||
Art. 56C.001. DEFINITIONS. In this chapter: | ||
(1) "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) "Border region" has the meaning assigned by | ||
Section 772.0071, Government Code. | ||
(3) "Trespasser" has the meaning assigned by Section | ||
75.007, Civil Practice and Remedies Code. | ||
Art. 56C.002. ADMINISTRATION; RULES. (a) The attorney | ||
general shall adopt rules to administer this chapter. | ||
(b) Subchapters A and B, Chapter 2001, Government Code, | ||
except Sections 2001.004(3) and 2001.005, apply to the attorney | ||
general. | ||
(c) The attorney general may delegate to a person in the | ||
attorney general's office a power or duty given to the attorney | ||
general under this chapter. | ||
Art. 56C.003. BORDER PROPERTY DAMAGE COMPENSATION PROGRAM. | ||
(a) From the funding sources described by Subsection (b), the | ||
attorney general shall establish and administer a program to | ||
compensate persons residing in the border region who suffer real or | ||
personal property damage caused by: | ||
(1) a trespasser as a result of an offense under | ||
Chapter 28, Penal Code, that was committed in the course of or in | ||
furtherance of a border crime; or | ||
(2) a law enforcement response to a trespasser who was | ||
engaged in a border crime. | ||
(b) 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 shall establish: | ||
(1) eligibility criteria for compensation under this | ||
article, including requirements for providing proof of eligibility | ||
for compensation; | ||
(2) application procedures; | ||
(3) criteria for evaluating applications and awarding | ||
compensation; | ||
(4) guidelines related to compensation amounts, | ||
provided that the maximum amount awarded per incident causing | ||
damage may not exceed $75,000; and | ||
(5) procedures for monitoring the use of compensation | ||
awarded under this article and ensuring compliance with any | ||
conditions of the award. | ||
(d) The attorney general may not award compensation under | ||
this article for property damage caused by a trespasser described | ||
by Subsection (a)(1) unless the damage is documented in a written | ||
report by a law enforcement agency as having occurred in connection | ||
with a border crime. | ||
(e) In awarding compensation under this article for | ||
property damage caused by a trespasser described by Subsection | ||
(a)(1), the attorney general may not consider the outcome of any | ||
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(1)(A). | ||
Art. 56C.004. HEARINGS AND PREHEARING CONFERENCES. (a) | ||
The attorney general shall determine whether a hearing on an | ||
application for compensation under this chapter is necessary. | ||
(b) On determining that a hearing is not necessary, the | ||
attorney general may approve the application. | ||
(c) On determining that a hearing is necessary or on request | ||
for a hearing by the applicant, the attorney general shall consider | ||
the application at a hearing at a time and place of the attorney | ||
general's choosing. The attorney general shall notify all | ||
interested persons not later than the 10th day before the date of | ||
the hearing. | ||
(d) At the hearing the attorney general shall: | ||
(1) review the application for compensation; and | ||
(2) receive other evidence that the attorney general | ||
finds necessary or desirable to evaluate the application properly. | ||
(e) The attorney general may appoint hearing officers to | ||
conduct hearings or prehearing conferences under this chapter. | ||
(f) A hearing or prehearing conference is open to the public | ||
unless the hearing officer or attorney general determines in a | ||
particular case that all or part of the hearing or conference should | ||
be held in private because a private hearing or conference is in the | ||
interest of the applicant. | ||
(g) Subchapters C through H, Chapter 2001, Government Code, | ||
do not apply to the attorney general or the attorney general's | ||
orders and decisions. | ||
Art. 56C.005. ANNUAL REPORT. Not later than the 100th day | ||
after the end of each state fiscal year, the attorney general shall | ||
submit to the governor and the legislature a report on the attorney | ||
general's activities under this chapter during the preceding fiscal | ||
year that includes the following information, disaggregated by each | ||
offense listed in Article 56C.001(1)(A): | ||
(1) the number of applications made; | ||
(2) the number of applicants receiving compensation; | ||
and | ||
(3) the amount of compensation awarded. | ||
Art. 56C.006. PAYER OF LAST RESORT. (a) The program | ||
established under Article 56C.003 is a payer of last resort for | ||
property damage described by that article. | ||
(b) The attorney general may not award compensation to an | ||
applicant under Article 56C.003 if the attorney general determines | ||
that the applicant: | ||
(1) is eligible for reimbursement from another source, | ||
including under an insurance contract or a state, local, or federal | ||
program; and | ||
(2) failed to seek reimbursement from the source | ||
described by Subdivision (1). | ||
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, excluding direct | ||
financial incentives to the company. | ||
Sec. 481.244. GIFTS, GRANTS, AND DONATIONS. In addition to | ||
funds appropriated, credited, or transferred by the legislature for | ||
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. BORDER PROTECTION PROGRAM OF DEPARTMENT OF PUBLIC | ||
SAFETY | ||
SECTION 8.01. 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: | ||
(A) the Public Safety Commission; and | ||
(B) either: | ||
(i) the Director of the Department of | ||
Public Safety; or | ||
(ii) the unit chief of the Border | ||
Protection Unit; | ||
(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; and | ||
(34) the fire marshal and any related officers, | ||
inspectors, or investigators commissioned by a county under | ||
Subchapter B, Chapter 352, Local Government Code. | ||
SECTION 8.02. Section 411.002(a), Government Code, is | ||
amended to read as follows: | ||
(a) The Department of Public Safety of the State of Texas is | ||
an agency of the state to enforce the laws protecting the public | ||
safety, [ |
||
and defend and secure the state's air, maritime, and land borders. | ||
The department is composed of the Texas Rangers, the Texas Highway | ||
Patrol, the Border Protection Unit, the administrative division, | ||
and other divisions that the commission considers necessary. | ||
SECTION 8.03. Section 411.004, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.004. DUTIES AND POWERS OF COMMISSION. The | ||
commission shall: | ||
(1) formulate plans and policies for: | ||
(A) enforcement of state criminal, traffic, and | ||
safety laws; | ||
(B) prevention of crime; | ||
(C) detection and apprehension of persons who | ||
violate laws; [ |
||
(D) education of citizens of this state in the | ||
promotion of public safety and the observance of law; and | ||
(E) defense and security of this state's air, | ||
maritime, and land borders; | ||
(2) organize the department and supervise its | ||
operation; | ||
(3) adopt rules considered necessary for carrying out | ||
the department's work; | ||
(4) maintain records of all proceedings and official | ||
orders; and | ||
(5) biennially submit a report of its work to the | ||
governor and legislature, including the commission's and director's | ||
recommendations. | ||
SECTION 8.04. Section 411.006(a), Government Code, is | ||
amended to read as follows: | ||
(a) Subject to Section 411.556, the [ |
||
(1) be directly responsible to the commission for the | ||
conduct of and act as executive director of the Texas Highway | ||
Patrol, the Texas Rangers, and other administrative divisions and | ||
departments assigned by the commission, other than the Border | ||
Protection Unit [ |
||
(2) [ |
||
[ |
||
without vote; | ||
(3) [ |
||
approval, considered necessary for the control of the department; | ||
(4) [ |
||
officers, under the commission's direction, to all members of the | ||
Texas Rangers and the Texas Highway Patrol and to other officers of | ||
the department; | ||
(5) [ |
||
commission, the head of a division or bureau provided for by this | ||
chapter; | ||
(6) [ |
||
to the commission detailed reports of the operation of the | ||
department, including statements of its expenditures; and | ||
(7) [ |
||
and file in the department'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. | ||
SECTION 8.05. Section 411.007(a), Government Code, is | ||
amended to read as follows: | ||
(a) Subject to the provisions of this chapter, the director | ||
may appoint, promote, reduce, suspend, or discharge any officer or | ||
employee of the department, other than an officer or employee of the | ||
Border Protection Unit. | ||
SECTION 8.06. Section 411.017(a), Government Code, is | ||
amended to read as follows: | ||
(a) A person commits an offense if, without the director's | ||
authorization, the person: | ||
(1) manufactures, sells, or possesses a badge, | ||
identification card, or other item bearing a department insignia or | ||
an insignia deceptively similar to the department's; | ||
(2) makes a copy or likeness of a badge, | ||
identification card, or department insignia, with intent to use or | ||
allow another to use the copy or likeness to produce an item bearing | ||
the department insignia or an insignia deceptively similar to the | ||
department's; or | ||
(3) uses the term "Texas Department of Public Safety," | ||
"Department of Public Safety," "Texas Ranger," [ |
||
Patrol," or "Border Protection Unit" in connection with an object, | ||
with the intent to create the appearance that the object belongs to | ||
or is being used by the department. | ||
SECTION 8.07. Chapter 411, Government Code, is amended by | ||
adding Subchapter S to read as follows: | ||
SUBCHAPTER S. BORDER PROTECTION UNIT | ||
Sec. 411.551. DEFINITIONS. In this subchapter: | ||
(1) "Border region" has the meaning assigned by | ||
Section 772.0071. | ||
(2) "Unit" means the Border Protection Unit. | ||
(3) "Unit chief" means the person appointed under | ||
Section 411.555 as the unit chief. | ||
Sec. 411.552. BORDER PROTECTION UNIT; TERM OF | ||
AUTHORIZATION. (a) The unit is a division under the commission | ||
consisting of the number of commissioned officers and other | ||
employees authorized by the legislature. | ||
(b) The unit is subject to appropriations by the legislature | ||
and, unless continued in existence by the legislature, is abolished | ||
December 31, 2030. | ||
(c) This subchapter expires December 31, 2030. | ||
Sec. 411.553. LIMITATION ON CERTAIN POWERS. The unit and | ||
the department, as applicable, may provide law enforcement services | ||
as authorized by this subchapter, including Sections 411.0095, | ||
411.560(b), and 411.563, in a county in the border region only to | ||
the extent authorized in writing by the commissioners court of that | ||
county. | ||
Sec. 411.554. HEADQUARTERS. The unit must be headquartered | ||
in the border region. | ||
Sec. 411.555. UNIT CHIEF. (a) The governor shall appoint a | ||
United States citizen to serve as the unit chief of the Border | ||
Protection Unit. The unit chief serves until removed by the | ||
governor. | ||
(b) The unit chief may appoint, with the advice and consent | ||
of the commission, deputy unit chiefs and assistant unit chiefs who | ||
shall perform the duties that the unit chief designates. Deputy | ||
unit chiefs and assistant unit chiefs serve until removed by the | ||
unit chief. | ||
(c) The unit chief, deputy unit chiefs, and assistant unit | ||
chiefs are entitled to annual salaries as provided by the | ||
legislature. | ||
Sec. 411.556. GENERAL POWERS AND DUTIES OF UNIT AND UNIT | ||
CHIEF. (a) The unit chief shall: | ||
(1) be directly responsible to the commission for all | ||
conduct of the unit, but may be removed only by the governor under | ||
Section 411.555; | ||
(2) act as the executive director of the unit; | ||
(3) act with the commission in an advisory capacity, | ||
without vote; | ||
(4) adopt rules, subject to commission approval, | ||
considered necessary for the control and general administration of | ||
the unit, including rules governing the procurement of facilities | ||
and equipment for the unit and the training and working conditions | ||
for unit personnel; | ||
(5) issue commissions as law enforcement officers, | ||
under the commission's direction, to members of the unit; | ||
(6) create as necessary, with the advice and consent | ||
of the commission, operational or administrative divisions within | ||
the unit and appoint heads of those divisions; | ||
(7) employ as necessary commissioned officers and | ||
other employees to perform unit operations and functions; | ||
(8) quarterly, annually, and biennially submit to the | ||
commission detailed reports of the operation of the unit, including | ||
statements of its expenditures; and | ||
(9) prepare, swear to, submit to the governor, and | ||
file in the unit'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 unit chief or unit chief's designee shall provide to | ||
members of the commission and to employees of the unit, 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. | ||
(c) Subject to Subsection (d), the following provisions | ||
apply to the unit chief with respect to the unit in the same manner | ||
as the provisions apply to the director with respect to the | ||
department or, as applicable, apply to the unit when acting at the | ||
direction of the unit chief in the same manner as the provisions | ||
apply to the department when acting at the direction of the | ||
director: | ||
(1) Section 411.007; | ||
(2) Section 411.0071; | ||
(3) Section 411.0075; | ||
(4) Section 411.0079; | ||
(5) Section 411.009; | ||
(6) Section 411.0095; | ||
(7) Section 411.0097, as added by Section 3, Chapter | ||
556 (H.B. 1239), Acts of the 79th Legislature, Regular Session, | ||
2005; | ||
(8) Section 411.0097, as added by Section 1, Chapter | ||
693 (S.B. 293), Acts of the 79th Legislature, Regular Session, | ||
2005; | ||
(9) Section 411.0098; | ||
(10) Section 411.013(b); | ||
(11) Section 411.0131; | ||
(12) Section 411.0132; | ||
(13) Section 411.0141(e); | ||
(14) Section 411.015; | ||
(15) Section 411.016; | ||
(16) Section 411.0161; | ||
(17) Section 411.0162; | ||
(18) Section 411.0163; | ||
(19) Section 411.0164; | ||
(20) Section 411.017; | ||
(21) Section 411.018; | ||
(22) Sections 411.0207(c)(1)-(5); | ||
(23) Sections 411.0208(d) and (e); | ||
(24) Section 411.0209; | ||
(25) Section 411.02095; | ||
(26) Section 411.0865; | ||
(27) Section 411.087(e); | ||
(28) Section 411.0891; and | ||
(29) Section 411.154. | ||
(d) The director may not exercise any operational or | ||
administrative control over the unit chief or the unit. The unit | ||
chief may not exercise any operational or administrative control | ||
over the director or the department, other than the unit. | ||
(e) The unit is a criminal justice agency for purposes of | ||
this chapter. | ||
(f) The unit is a law enforcement agency for purposes of | ||
Section 411.1471(b). | ||
(g) The unit may assist local law enforcement with the | ||
investigation of crime. | ||
Sec. 411.557. OFFICE OF AUDIT AND REVIEW FOR UNIT. The | ||
governor shall establish the office of audit and review within the | ||
unit and appoint the director of the office to perform the duties | ||
under Subchapter I with respect to the unit. The director of the | ||
office of audit and review of the unit shall serve until removed by | ||
the governor. | ||
Sec. 411.558. INSPECTOR GENERAL FOR UNIT. (a) The governor | ||
shall establish the office of the inspector general within the unit | ||
and appoint the inspector general of the unit who shall perform with | ||
respect to the unit the duties of Subchapter I-1 or as may be | ||
provided by other law. The inspector general of the unit shall | ||
serve until removed by the governor. | ||
(b) The inspector general of the unit is responsible for: | ||
(1) preparing and delivering assessments concerning | ||
the administration of the unit to the governor, the legislature, | ||
and the unit chief; | ||
(2) acting to prevent and detect serious breaches of | ||
unit policy, fraud, and abuse of office, including any acts of | ||
criminal conduct within the unit; 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 unit; | ||
(C) allegations of wrongdoing by unit employees; | ||
(D) crimes committed on unit property; and | ||
(E) serious breaches of unit policy. | ||
Sec. 411.559. OFFICERS; OTHER EMPLOYEES. (a) The unit | ||
chief may employ commissioned officers meeting the qualifications | ||
described by Section 411.561 to perform the duties of the unit. | ||
Those officers are entitled to compensation as provided by the | ||
legislature and must be recruited and trained within the border | ||
region to the extent practicable. | ||
(b) The unit chief may employ individuals who are not | ||
officers as necessary to carry out the duties of the unit. | ||
(c) Subject to the provisions of this chapter, the unit | ||
chief may appoint, promote, reduce, suspend, or discharge any | ||
officer or employee of the unit. | ||
Sec. 411.5591. USE OF PERSONAL VEHICLE PROHIBITED. | ||
Notwithstanding any other provision of this subchapter, an officer | ||
or other employee of the unit 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. | ||
Sec. 411.560. AUTHORITY OF OFFICERS. (a) A commissioned | ||
officer of the unit 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 border region. | ||
(b) A commissioned officer of the unit 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, including with the use of non-deadly crowd control | ||
measures. | ||
Sec. 411.561. QUALIFICATIONS. (a) To be a commissioned | ||
officer of the unit, a person must hold a peace officer license | ||
issued under Chapter 1701, Occupations Code, and meet any other | ||
qualifications set by the commission. | ||
(a-1) The unit chief 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. | ||
(a-2) For purposes of Subsection (a-1): | ||
(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. | ||
(b) The unit 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. 411.562. FACILITIES AND EQUIPMENT; TRAINING. The unit | ||
shall acquire equipment and facilities and conduct training | ||
necessary to fulfill the operational, intelligence, communication, | ||
logistics, and administrative duties provided by this chapter and | ||
the unit chief. | ||
Sec. 411.563. LAW ENFORCEMENT BORDER PROTECTION FUNCTIONS. | ||
The unit chief and director may order commissioned officers under | ||
their 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. 411.564. OPERATIONAL PLAN TO COORDINATE BORDER | ||
SECURITY. (a) The unit shall develop and recommend to the governor | ||
and report to the legislature a strategic plan that establishes the | ||
framework for the budget and operations of the unit, including | ||
homeland security strategies and the assistance of other state and | ||
local entities. The unit shall annually report to the governor and | ||
the legislature on the implementation of the strategic plan. | ||
(b) The unit shall include in the strategic plan goals, | ||
objectives, and performance measures that involve collaboration | ||
with other state agencies and local entities. | ||
(c) The unit shall create plans and conduct operations | ||
consistent with the strategic plan. | ||
SECTION 8.08. As soon as practicable after the effective | ||
date of this Act, the governor shall appoint the unit chief as | ||
prescribed by Section 411.555, Government Code, as added by this | ||
Act. | ||
ARTICLE 9. SEVERABILITY | ||
SECTION 9.01. (a) If any provision of this Act or its | ||
application to any person or circumstance is held invalid, the | ||
invalidity does not affect other provisions or applications of this | ||
Act that can be given effect without the invalid provision or | ||
application, and to this end the provisions of this Act are declared | ||
to be severable. | ||
(b) Subsection (a) of this section does not affect another | ||
severability provision contained in this Act. | ||
ARTICLE 10. EFFECTIVE DATE | ||
SECTION 10.01. 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, 2023. |