BILL ANALYSIS

 

 

                                                                                                                                              S.B. 229

                                                                                                                                            By: Lucio

                                                                                                                                     Transportation

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

During recent years, residents of border communities have voiced concerns regarding their inability to provide input over trade-related concerns to the administration of the Texas Department of Public Safety (DPS).

 

Entities along the Texas-Mexico border have held that one way which the state can increase bilateral relations with Texas' number one trading partner is to expand the opportunities for local communities to provide their input, ideas, and concerns to a community outreach advisory committee under DPS.

 

S.B. 229 establishes an Advisory Oversight Community Outreach Committee (committee) affording DPS the benefit of recommendations developed by communities directly involved in cross-border trade activity. Additionally, the committee could act as an ombudsman between border communities, residents, and others with DPS administration, providing greater access to DPS administration for Texas's border communities.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the Public Safety Commission in SECTION 1 of this bill. 

 

ANALYSIS

 

SECTION 1.  Amends Subchapter A, Chapter 411, Government Code, by adding Section 411.0197, as follows:

 

Sec. 411.0197.  ADVISORY OVERSIGHT COMMUNITY OUTREACH COMMITTEE. (a)  Requires the Public Safety Commission (commission) to establish an Advisory Oversight Community Outreach Committee (committee) in the Texas Department of Public Safety (DPS) and authorizes the commission to adopt rules for the implementation and operation of the committee.  Requires the committee to meet at the times and places specified by commission rule or at the call of the presiding officer or any two members. 

 

(b)  Requires the commission to appoint the members of the committee.  Requires the committee to be comprised of certain individuals. 

 

(c)  Requires the commission to designate the committee's presiding officer from amongst its members.  Provides that the presiding officer serves at the will of the commission.

 

(d)  Requires the committee to document certain trade-related incidents to the commission, to develop recommendations and strategies for certain activities, and to act as ombudsman between DPS and the communities located and residents residing in the border area of this state and the United Mexican States.

 

(e)  Requires the commission, in determining action to be taken on the committee's information and recommendations, to consider the importance of trade with the United Mexican States, the safety of the traveling public, preservation of the highway system, applicable federal laws and regulations, and the concerns expressed by communities.

 

(f)  Requires the commission to submit a report containing certain documentation no later than January 1 of each odd-numbered year to the lieutenant governor, speaker of the house of representatives, and each other member of the legislature.

 

SECTION 2.  Effective date:  upon passage or September 1, 2005.

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2005.