88S30866 LRM-F
 
  By: Lopez of Cameron H.B. No. 200
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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
  certain issues affecting the border region, including
  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 795 to read as follows:
  CHAPTER 795. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN
  STATES
         Sec. 795.001.  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. DISPOSITION OF CERTAIN FORFEITED PROPERTY
         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 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 landowner
  compensation program established under Chapter 56C.
  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 or
  37.0818, 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)  officers appointed by the inspector general of
  the Texas Juvenile Justice Department under Section 242.102, 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)  the fire marshal and any related officers,
  inspectors, or investigators commissioned by a county under
  Subchapter B, Chapter 352, Local Government Code;
               (34) [(35)]  fire marshals and any related officers,
  inspectors, or investigators of a municipality who hold a permanent
  peace officer license issued under Chapter 1701, Occupations Code;
  and
               (35)  Alamo complex rangers commissioned by the General
  Land Office under Section 31.0515, Natural Resources Code, subject
  to the limitations imposed by that section.
         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] provide for the prevention and detection of crime,
  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; [and]
                     (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 [The] director shall:
               (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 [the department's affairs];
               (2)  [act as executive director of the department;
               [(3)]  act with the commission in an advisory capacity,
  without vote;
               (3) [(4)]  adopt rules, subject to commission
  approval, considered necessary for the control of the department;
               (4) [(5)]  issue commissions as law enforcement
  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) [(6)]  appoint, with the advice and consent of the
  commission, the head of a division or bureau provided for by this
  chapter;
               (6) [(7)]  quarterly, annually, and biennially submit
  to the commission detailed reports of the operation of the
  department, including statements of its expenditures; and
               (7) [(8)]  prepare, swear to, submit to the governor,
  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," [or] "Texas Highway
  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.  STRATEGIC 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 on the 91st day after the last day of
  the legislative session.