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A BILL TO BE ENTITLED
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AN ACT
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relating to border security enhancement projects, the creation of a |
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fund to pay for those projects, and a study on certain projects; |
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allocating the earnings on the fund balance and reimbursement of |
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related expenditures; granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter W to read as follows: |
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SUBCHAPTER W. BORDER SECURITY ENHANCEMENT |
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Sec. 411.801. DEFINITION. In this subchapter, "fund" means |
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the border security enhancement fund. |
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Sec. 411.802. BORDER SECURITY ENHANCEMENT FUND. (a) The |
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border security enhancement fund is a special fund in the state |
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treasury established outside the general revenue fund and |
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administered by the department under this subchapter and rules |
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adopted by the commission under this subchapter. |
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(b) The fund consists of: |
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(1) money the legislature appropriates for deposit to |
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the credit of the fund; and |
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(2) gifts, grants, and donations this state receives |
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for the purposes of the fund, including gifts, grants, and |
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donations made by other states or through crowdfunding. |
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Sec. 411.803. FUND INTEREST. The comptroller shall deposit |
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to the credit of the economic stabilization fund the interest and |
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other earnings made on the balance of the border security |
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enhancement fund. |
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Sec. 411.804. USE OF FUND. (a) The department may use |
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money in the fund only for: |
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(1) the purposes of preventing: |
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(A) human trafficking; and |
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(B) illegal entry into the United States of: |
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(i) aliens without an appropriate federal |
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governmental authority's official approval; |
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(ii) terrorists; |
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(iii) instruments of terrorism; and |
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(iv) contraband, including narcotics and |
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other controlled substances; and |
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(2) the following activities: |
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(A) planning, designing, constructing, and |
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maintaining along this state's international border water and |
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transportation infrastructure, technology, and commercial vehicle |
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inspection infrastructure at ports of entry; and |
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(B) clearing nonindigenous plants. |
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(b) Using money from the fund, the department shall |
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construct a wall along this state's international border to be |
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named the "President Donald J. Trump Wall." The wall must be |
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constructed to department specifications and to federal |
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specifications as provided in Executive Order 13767 (82 Fed. Reg. |
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8793 (January 30, 2017)). |
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Sec. 411.805. CONTRACTS AND AGREEMENTS. The department may |
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enter into contracts and agreements as necessary to implement this |
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subchapter. |
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Sec. 411.806. CONSULTATION. (a) The department may not use |
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money from the fund to plan, design, construct, or maintain along |
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this state's international border water and transportation |
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infrastructure, technology, or commercial vehicle inspection |
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infrastructure, to clear nonindigenous plants, or to contract with |
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a third party to perform those activities, unless the department |
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consults with the commissioner of agriculture to coordinate border |
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security efforts. |
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(b) The department shall consult with the commissioner of |
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agriculture for the acquisition of any land necessary to implement |
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this subchapter. |
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Sec. 411.807. TEXAS CONTRACTOR PREFERENCE. (a) If the |
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department seeks to contract with a private entity using money from |
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the fund, the department must give preference to an entity that: |
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(1) is incorporated or otherwise formed under the laws |
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of this state; or |
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(2) has a headquarters or other principal office |
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located in this state. |
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(b) A private entity described by Subsection (a) that |
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contracts with subcontractors shall give preference to a |
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subcontractor that: |
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(1) is incorporated or otherwise formed under the laws |
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of this state; or |
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(2) has a headquarters or other principal office |
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located in this state. |
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Sec. 411.808. VERIFICATION BY CONTRACTORS. (a) In this |
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section, "E-verify program" has the meaning assigned by Section |
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673.001. |
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(b) The department may not award a contract under this |
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subchapter unless the proposed contractor and any subcontractor |
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register with and participate in the E-verify program to verify |
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employee information. The contractor and any subcontractor must |
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continue to participate in the program during the term of the |
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contract. |
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(c) The commission shall adopt procedures for the |
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administration of this section. |
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Sec. 411.809. REIMBURSEMENT. (a) The governor shall |
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submit to the federal government a request for reimbursement of |
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amounts expended from the fund, including any appropriate interest |
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and late fees. |
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(b) The comptroller shall deposit to the credit of the |
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economic stabilization fund an amount received from the federal |
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government as a reimbursement of an amount expended from the border |
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security enhancement fund. |
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Sec. 411.810. ADOPTION OF RULES. The commission shall |
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adopt rules necessary to implement this subchapter. |
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SECTION 2. Chapter 12, Agriculture Code, is amended by |
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adding Section 12.052 to read as follows: |
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Sec. 12.052. EMINENT DOMAIN. (a) The department may |
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exercise the power of eminent domain to acquire: |
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(1) land in fee simple; or |
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(2) any interest less than fee simple in, on, under, or |
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above land, including an easement, right-of-way, or right of use of |
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airspace or subsurface space. |
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(b) An eminent domain proceeding brought by the department |
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is governed by Chapter 21, Property Code, except to the extent |
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inconsistent with this section. |
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(c) An eminent domain proceeding begins with the |
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commissioner's adoption of a resolution declaring that the |
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department's acquisition of the property or interest described in |
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the resolution: |
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(1) is a public necessity; and |
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(2) is necessary and proper for the construction, |
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extension, improvement, or development of a wall described by |
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Section 411.804, Government Code, and is in the public interest. |
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(d) The resolution is conclusive evidence of the public |
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necessity of the proposed acquisition and that the real property or |
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interest in property is necessary for public use. |
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SECTION 3. (a) In this section, "department" means the |
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Department of Public Safety of the State of Texas. |
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(b) The department shall conduct a study on the construction |
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of a wall along this state's international border as described by |
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Section 411.804, Government Code, as added by this Act. In |
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conducting the study, the department shall: |
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(1) estimate the cost for completing an operational |
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wall; |
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(2) determine the geographic areas along the border |
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most in need of the wall; and |
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(3) calculate the total distance in miles of the |
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geographic areas described by Subdivision (2) of this subsection. |
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(c) Not later than December 1, 2024, the department shall |
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submit a report of the study conducted under this section to the |
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governor, the lieutenant governor, the speaker of the house of |
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representatives, and each member of the legislature. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |