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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing the Border Security Advisory Council and |
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the Border Protection Task Force. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. BORDER SECURITY ADVISORY COUNCIL |
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SECTION 1.01. Subchapter B-1, Chapter 421, Government Code, |
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is amended by adding Section 421.0425 to read as follows: |
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Sec. 421.0425. BORDER SECURITY ADVISORY COUNCIL. (a) The |
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Border Security Advisory Council is a permanent special advisory |
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committee created to advise the legislature and the governor or the |
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governor's designee on homeland security issues impacting the |
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security of the Texas-Mexico border and on streamlining statewide |
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border security activities and initiatives. |
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(b) The council is composed of: |
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(1) the lieutenant governor; |
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(2) the speaker of the house of representatives; |
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(3) four senators appointed by the lieutenant governor |
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who collectively meet the following requirements: |
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(A) two senators must be members of the political |
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party with the most members in the senate and two senators must be |
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members of the political party with the second most members in the |
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senate; |
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(B) two senators must represent senatorial |
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districts located in the border region; and |
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(C) one senator must be the chair of the senate |
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standing committee with primary jurisdiction over border security |
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issues; |
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(4) four members of the house of representatives |
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appointed by the speaker of the house of representatives who |
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collectively meet the following requirements: |
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(A) two representatives must be members of the |
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political party with the most members in the house and two |
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representatives must be members of the political party with the |
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second most members in the house; |
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(B) two representatives must represent house |
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districts located in the border region; and |
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(C) one representative must be the chair of the |
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house standing committee with primary jurisdiction over border |
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security issues; |
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(5) as nonvoting members, the executive head of or a |
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designee from each of the following: |
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(A) Department of Public Safety; |
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(B) Texas Military Department; |
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(C) Texas Division of Emergency Management; |
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(D) Parks and Wildlife Department; |
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(E) Texas Department of Criminal Justice; and |
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(F) Office of Court Administration of the Texas |
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Judicial System; |
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(6) the following nonvoting members appointed by the |
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governor or the governor's designee: |
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(A) one representative of a county located in the |
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border region, other than a sheriff; |
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(B) one sheriff of a county located in the border |
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region; |
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(C) one representative of a municipality located |
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in the border region, other than a municipal police chief; |
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(D) one police chief of a municipality located in |
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the border region; and |
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(E) one representative of the business community |
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involved in international trade across the Texas-Mexico border; and |
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(7) other nonvoting members as determined by the |
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governor or the governor's designee. |
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(c) The lieutenant governor and the speaker of the house of |
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representatives are joint chairs of the council. |
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(d) A majority of the voting members of the council |
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constitutes a quorum to transact business. If a quorum is present, |
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the council may act on any matter within the council's jurisdiction |
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by a majority vote. |
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(e) The council shall meet as often as necessary to perform |
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the council's duties. Meetings may be held at any time at the |
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request of either chair. |
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(f) As an exception to Chapter 551 and other law, for a |
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meeting at which both joint chairs of the council are physically |
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present, any number of the other council members may attend the |
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meeting by use of telephone conference call, video conference call, |
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or other similar technology. This subsection applies for purposes |
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of establishing a quorum or voting or for any other purpose allowing |
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the members to fully participate in any council meeting. This |
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subsection applies without regard to the subject or topics |
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considered by the members at the meeting. |
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(g) A council meeting held by use of telephone conference |
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call, video conference call, or other similar technology: |
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(1) is subject to the notice requirements applicable |
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to other meetings; |
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(2) must specify in the notice of the meeting the |
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location at which the joint chairs will be physically present; |
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(3) must be open to the public and audible to the |
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public at the location specified in the notice under Subdivision |
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(2); and |
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(4) must provide two-way audio communication between |
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all council members attending the meeting during the entire |
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meeting, and if the two-way audio communication link with any |
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member attending the meeting is disrupted at any time, the meeting |
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may not continue until the two-way audio communication link is |
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reestablished. |
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(h) In addition to the duties under Section 421.045, the |
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council shall: |
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(1) use statistical analyses and other research |
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methods to conduct an in-depth examination of border safety |
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initiatives and programs in this state that includes: |
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(A) an assessment of the cost-effectiveness of |
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the use of state and local funds in ensuring border safety; |
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(B) an identification of critical border safety |
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problems; and |
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(C) a determination of the state's long-range |
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border safety needs; |
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(2) recommend to the legislature and the governor: |
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(A) strategies to solve the problems identified |
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under Subdivision (1)(B); |
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(B) policy priorities to address the long-range |
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needs determined under Subdivision (1)(C); and |
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(C) measures based on objective research and |
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analysis to help guide state border safety policies; |
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(3) advise the legislature and the governor regarding: |
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(A) coordinating the goals and responsibilities |
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for border security efforts of local and state agencies with |
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jurisdiction over border security; |
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(B) developing procedures for streamlining |
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decision-making of local and state agencies with jurisdiction over |
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border security; and |
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(C) improving transparency of border security |
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operations; and |
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(4) advise and assist the legislature and the governor |
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in developing plans, programs, and proposed legislation to improve |
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the effectiveness of border safety initiatives and programs. |
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(i) The council may hire staff or may contract with |
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universities or other suitable entities to assist the council in |
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carrying out the council's duties. Funding to support the |
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operation of the council shall be provided from funds appropriated |
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to the Texas Legislative Council. |
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(j) Not later than January 1 of each odd-numbered year, the |
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council shall submit to the legislature and the governor a report |
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that contains the recommendations described by Subsection (h)(2). |
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SECTION 1.02. Section 421.044, Government Code, is amended |
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to read as follows: |
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Sec. 421.044. COMPENSATION AND REIMBURSEMENT OF EXPENSES |
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PROHIBITED. (a) A person who is a member of a permanent special |
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advisory committee created under this subchapter is not entitled to |
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receive: |
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(1) compensation from this state for service on the |
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committee; or |
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(2) except as provided by Subsection (b), travel |
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expenses incurred by the person while conducting the business of |
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the committee. |
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(b) A member of the Border Security Advisory Council created |
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under Section 421.0425 is entitled to travel expenses described by |
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Subsection (a)(2) as provided by the General Appropriations Act. |
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ARTICLE 2. BORDER PROTECTION TASK FORCE |
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SECTION 2.01. Article 2.12, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace |
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officers: |
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(1) sheriffs, their deputies, and those reserve |
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deputies who hold a permanent peace officer license issued under |
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Chapter 1701, Occupations Code; |
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(2) constables, deputy constables, and those reserve |
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deputy constables who hold a permanent peace officer license issued |
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under Chapter 1701, Occupations Code; |
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(3) marshals or police officers of an incorporated |
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city, town, or village, and those reserve municipal police officers |
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who hold a permanent peace officer license issued under Chapter |
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1701, Occupations Code; |
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(4) rangers, officers, and members of the reserve |
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officer corps commissioned by the Public Safety Commission and the |
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Director of the Department of Public Safety; |
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(5) investigators of the district attorneys', criminal |
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district attorneys', and county attorneys' offices; |
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(6) law enforcement agents of the Texas Alcoholic |
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Beverage Commission; |
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(7) each member of an arson investigating unit |
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commissioned by a city, a county, or the state; |
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(8) officers commissioned under Section 37.081, |
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Education Code, or Subchapter E, Chapter 51, Education Code; |
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(9) officers commissioned by the General Services |
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Commission; |
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(10) law enforcement officers commissioned by the |
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Parks and Wildlife Commission; |
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(11) officers commissioned under Chapter 23, |
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Transportation Code; |
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(12) municipal park and recreational patrolmen and |
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security officers; |
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(13) security officers and investigators commissioned |
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as peace officers by the comptroller; |
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(14) officers commissioned by a water control and |
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improvement district under Section 49.216, Water Code; |
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(15) officers commissioned by a board of trustees |
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under Chapter 54, Transportation Code; |
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(16) investigators commissioned by the Texas Medical |
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Board; |
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(17) officers commissioned by: |
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(A) the board of managers of the Dallas County |
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Hospital District, the Tarrant County Hospital District, the Bexar |
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County Hospital District, or the El Paso County Hospital District |
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under Section 281.057, Health and Safety Code; |
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(B) the board of directors of the Ector County |
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Hospital District under Section 1024.117, Special District Local |
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Laws Code; |
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(C) the board of directors of the Midland County |
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Hospital District of Midland County, Texas, under Section 1061.121, |
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Special District Local Laws Code; and |
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(D) the board of hospital managers of the Lubbock |
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County Hospital District of Lubbock County, Texas, under Section |
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1053.113, Special District Local Laws Code; |
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(18) county park rangers commissioned under |
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Subchapter E, Chapter 351, Local Government Code; |
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(19) investigators employed by the Texas Racing |
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Commission; |
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(20) officers commissioned under Chapter 554, |
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Occupations Code; |
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(21) officers commissioned by the governing body of a |
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metropolitan rapid transit authority under Section 451.108, |
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Transportation Code, or by a regional transportation authority |
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under Section 452.110, Transportation Code; |
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(22) investigators commissioned by the attorney |
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general under Section 402.009, Government Code; |
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(23) security officers and investigators commissioned |
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as peace officers under Chapter 466, Government Code; |
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(24) officers appointed by an appellate court under |
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Subchapter F, Chapter 53, Government Code; |
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(25) officers commissioned by the state fire marshal |
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under Chapter 417, Government Code; |
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(26) an investigator commissioned by the commissioner |
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of insurance under Section 701.104, Insurance Code; |
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(27) apprehension specialists and inspectors general |
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commissioned by the Texas Juvenile Justice Department as officers |
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under Sections 242.102 and 243.052, Human Resources Code; |
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(28) officers appointed by the inspector general of |
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the Texas Department of Criminal Justice under Section 493.019, |
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Government Code; |
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(29) investigators commissioned by the Texas |
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Commission on Law Enforcement under Section 1701.160, Occupations |
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Code; |
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(30) commission investigators commissioned by the |
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Texas Private Security Board under Section 1702.061, Occupations |
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Code; |
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(31) the fire marshal and any officers, inspectors, or |
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investigators commissioned by an emergency services district under |
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Chapter 775, Health and Safety Code; |
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(32) officers commissioned by the State Board of |
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Dental Examiners under Section 254.013, Occupations Code, subject |
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to the limitations imposed by that section; |
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(33) investigators commissioned by the Texas Juvenile |
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Justice Department as officers under Section 221.011, Human |
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Resources Code; [and] |
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(34) the fire marshal and any related officers, |
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inspectors, or investigators commissioned by a county under |
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Subchapter B, Chapter 352, Local Government Code; and |
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(35) officers of the Border Protection Task Force |
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commissioned by the task force chief under Section 425.054, |
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Government Code. |
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SECTION 2.02. Subtitle B, Title 4, Government Code, is |
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amended by adding Chapter 425 to read as follows: |
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CHAPTER 425. BORDER PROTECTION TASK FORCE |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 425.001. DEFINITIONS. In this chapter: |
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(1) "Alien" has the meaning assigned by 8 U.S.C. |
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Section 1101. |
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(2) "Border region" has the meaning assigned by |
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Section 772.0071. |
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(3) "Chief" means the chief of the task force. |
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(4) "Governing body" means the governing body of the |
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state agency selected under Section 425.002. |
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(5) "Local government" means a municipality, county, |
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special purpose district, or other political subdivision of this |
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state. |
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(6) "Port of entry" means a port or place designated by |
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the United States Department of Homeland Security at which an alien |
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may apply to the department for admission into the United States. |
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(7) "Task force" means the Border Protection Task |
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Force established under this chapter. |
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Sec. 425.002. BORDER SECURITY ADVISORY COUNCIL TO RECOMMEND |
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STATE AGENCY FOR BORDER PROTECTION TASK FORCE. (a) The Border |
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Security Advisory Council established under Section 421.0425 shall |
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provide to the governor a list of recommendations for the state |
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agency that will establish the Border Protection Task Force. |
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(b) The governor shall select from the list under Subsection |
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(a) the state agency that will establish the Border Protection Task |
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Force. |
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Sec. 425.003. BORDER PROTECTION TASK FORCE ESTABLISHED. |
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(a) The governing body of the state agency selected under Section |
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425.002 shall establish the Border Protection Task Force as a |
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division within the agency to provide cross-functional expertise to |
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border protection operations and improve efficiency and |
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effectiveness of the border protection operations of the state |
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agencies and political subdivisions of this state. |
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(b) The governing body shall appoint, with the approval of |
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the governor, a chief of the task force. |
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(c) The chief serves at the will of the governing body. |
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Sec. 425.004. TERM OF AUTHORIZATION. (a) The task force is |
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subject to appropriations from the legislature and continues in |
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existence until September 1, 2031, unless reauthorized by the |
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legislature. |
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(b) This chapter expires September 1, 2031. |
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Sec. 425.005. HEADQUARTERS; REGIONAL OFFICES. The task |
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force must be headquartered in the border region. The task force may |
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establish regional offices along the Texas-Mexico border. |
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Sec. 425.006. CONSOLIDATION OF STATE AGENCY BORDER |
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OPERATIONS. (a) The chief shall identify resources the task force |
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needs to conduct border protection operations, including |
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personnel, equipment, and facilities owned or controlled by state |
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agencies that conduct border protection operations under Operation |
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Lone Star. The chief may identify any resources dedicated to border |
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security that are owned or controlled by: |
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(1) the office of the governor; |
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(2) the office of the attorney general; |
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(3) the Department of Public Safety; |
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(4) the Texas Military Department; |
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(5) the Parks and Wildlife Department; |
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(6) the Texas Alcoholic Beverage Commission; |
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(7) the Texas Department of Criminal Justice; |
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(8) the Texas Commission on Jail Standards; |
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(9) the Texas Commission on Law Enforcement; |
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(10) the Office of Court Administration of the Texas |
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Judicial System; |
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(11) the Department of State Health Services; |
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(12) the Texas Department of Motor Vehicles; |
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(13) the State Soil and Water Conservation Board; and |
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(14) any other state agency designated by the |
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governor. |
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(b) Each state agency that owns or controls resources |
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identified under Subsection (a) shall by written agreement with the |
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task force dedicate those resources to the task force and its |
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duties. |
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Sec. 425.007. REIMBURSEMENT FOR STATE USE OF LOCAL |
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GOVERNMENT RESOURCES. (a) The chief shall identify resources the |
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task force needs to conduct border protection operations, including |
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personnel, equipment, and facilities owned or controlled by local |
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governments that conduct border protection operations along the |
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Texas-Mexico border. |
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(b) A local government that owns or controls resources |
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identified under Subsection (a) may by written agreement with the |
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task force dedicate those resources to the task force and its |
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duties. |
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(c) A local government that dedicates resources to the task |
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force under this section is entitled to reimbursement for the use of |
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those resources as provided by the written agreement under |
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Subsection (b) and the General Appropriations Act. |
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Sec. 425.008. GIFTS, GRANTS, AND DONATIONS. The task force |
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may accept gifts, grants, and donations from any source, including |
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private and nonprofit organizations, for the purposes of |
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implementing this chapter. |
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Sec. 425.009. FEDERAL AND LOCAL COOPERATION. The task |
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force shall coordinate with any federal agency or any local |
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government as necessary to carry out the duties of the task force. |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 425.051. GENERAL POWERS AND DUTIES OF CHIEF; RULES. |
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(a) The chief shall: |
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(1) formulate plans and policies for the protection of |
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the citizens of this state in the Texas-Mexico border region, |
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including the air, maritime, and land borders of this state; |
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(2) organize the task force and supervise its |
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operation; |
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(3) maintain records of all task force proceedings and |
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official orders; and |
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(4) biennially submit a report of the task force's |
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operations to the governor and legislature. |
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(b) The chief is directly responsible to the governing body |
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for the conduct of the task force and shall act as the chief |
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administrative officer of the task force. |
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(c) The chief, with the approval of the governing body, may |
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adopt rules necessary to carry out the duties of the task force, |
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including rules for procuring equipment and facilities, providing |
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training, and adopting policies governing the personnel of the task |
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force. |
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Sec. 425.052. OPERATIONAL PLAN TO COORDINATE BORDER |
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PROTECTION. (a) The chief or the chief's designee shall develop and |
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recommend to the governor, the legislature, and the governing body |
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a strategic plan that establishes the framework for the budgeting |
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and operations of the task force, including homeland security |
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strategies, to be administered by the task force and state agencies |
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that provide assistance to the task force. |
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(b) The strategic plan under Subsection (a) must include: |
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(1) goals and performance measures that involve |
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collaboration with other state agencies and local governments; and |
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(2) an evaluation of 8 U.S.C. Section 1325(a) and |
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other federal laws relating to the requirement that the admission |
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of aliens into the United States occur only at ports of entry. |
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(c) The chief shall annually report to the governor, the |
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legislature, and the governing body on the implementation of the |
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strategic plan. |
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Sec. 425.053. DEPUTY CHIEFS. The chief, with the approval |
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of the governing body, may appoint deputy chiefs and regional |
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commanders to oversee the regional offices authorized by Section |
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425.005. |
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Sec. 425.054. OFFICERS AND OTHER EMPLOYEES. (a) The chief |
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may commission, with the approval of the governing body, officers |
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of the task force as peace officers. |
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(b) The chief may hire any employees as necessary to carry |
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out the duties of the task force. |
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Sec. 425.055. QUALIFICATIONS. (a) To be a commissioned |
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officer of the task force, a person must hold or obtain a peace |
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officer license under Chapter 1701, Occupations Code. |
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(b) To be a noncommissioned officer of the task force, a |
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person must meet the qualifications set by the chief by rule. |
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(c) The chief may provide by rule for the qualifications of |
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any other employees of the task force. |
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(d) The task force is an equal employment opportunity |
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employer, and the task force may not discriminate against or give |
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preferential treatment to any employee or job applicant on account |
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of the individual's race, color, sex, national origin, or religion. |
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Sec. 425.056. TRAINING. The task force shall acquire |
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equipment and facilities and conduct training necessary to carry |
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out the operational, intelligence, communication, logistics, and |
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administrative duties of the task force, including land, air, and |
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maritime responsibilities. The task force shall conduct the |
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training in the border region. |
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Sec. 425.057. AUTHORITY OF DEDICATED PERSONNEL. (a) A |
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person dedicated to the task force and its duties under Section |
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425.006 or 425.007 retains the authority of the office held by the |
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person with the dedicating state agency or local government and may |
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exercise any powers granted to the task force under this chapter |
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with the approval of the chief. |
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(b) The governing body, with the approval of the governor, |
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may assign the person additional duties consistent with the duties |
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of the task force under this chapter. |
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Sec. 425.058. USE OF DEDICATED PROPERTY. Any property, |
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including equipment or facilities, dedicated to the task force and |
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its duties under Section 425.006 or 425.007 may be used for the |
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purposes of the dedicating state agency or local government or the |
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purposes of the task force. |
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ARTICLE 3. EFFECTIVE DATE |
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SECTION 3.01. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2023. |