|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to homeland security issues, including border security |
|
issues and law enforcement. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 51.212, Education Code, is amended to |
|
read as follows: |
|
Sec. 51.212. PEACE [SECURITY] OFFICERS AT PRIVATE |
|
INSTITUTIONS. (a) The governing boards of private institutions of |
|
higher education, including private junior colleges, are |
|
authorized to employ and commission peace officers [campus security
|
|
personnel] for the purpose of enforcing: |
|
(1) state law [the law of this state] on the campuses |
|
of private institutions of higher education; and |
|
(2) state and local law, including applicable |
|
municipal ordinances, at other locations, as permitted by |
|
Subsection (b) or Section 51.2125. |
|
(b) Any officer commissioned under the provisions of this |
|
section is vested with all the powers, privileges, and immunities |
|
of peace officers if the officer: |
|
(1) is [while] on the property under the control and |
|
jurisdiction of the respective private institution of higher |
|
education or is otherwise performing [in the performance of his
|
|
assigned] duties assigned to the officer by the institution, |
|
regardless of whether the officer is on property under the control |
|
and jurisdiction of the institution; or |
|
(2) to the extent authorized by Section 51.2125, is: |
|
(A) requested by another law enforcement agency |
|
to provide assistance in enforcing state or local law, including a |
|
municipal ordinance, and is acting in response to that request; or |
|
(B) otherwise assisting another law enforcement |
|
agency in enforcing a law described by Paragraph (A). |
|
(c) Any officer assigned to duty and commissioned shall take |
|
and file the oath required of peace officers, and shall execute and |
|
file a good and sufficient bond in the sum of $1,000, payable to the |
|
governor, with two or more good and sufficient sureties, |
|
conditioned that the officer [he] will fairly, impartially, and |
|
faithfully perform the duties as may be required of the officer |
|
[him] by law. The bond may be sued on from time to time in the name |
|
of the person injured until the whole amount is recovered. |
|
(d) [(b)] The governing boards of private institutions of |
|
higher education are authorized to hire and pay on a regular basis |
|
peace [law-enforcement] officers commissioned by an incorporated |
|
city. The officers shall be under the supervision of the hiring |
|
institution, but shall be subject to dismissal and disciplinary |
|
action by the city. An incorporated city is authorized to contract |
|
with a private institution of higher education for the use and |
|
employment of its commissioned officers in any manner agreed to, |
|
provided that there is no expense incurred by the city. |
|
(e) [(c)] In this section, "private institution of higher |
|
education" means a private or independent institution of higher |
|
education as defined [has the meaning assigned] by Section 61.003 |
|
[61.003(15) of this code]. |
|
SECTION 2. Subchapter E, Chapter 51, Education Code, is |
|
amended by adding Sections 51.2125 and 51.2126 to read as follows: |
|
Sec. 51.2125. PRIVATE INSTITUTIONS: AUTHORITY TO ENTER INTO |
|
MUTUAL ASSISTANCE AGREEMENT. (a) This section applies only to a |
|
private institution of higher education, as defined by Section |
|
61.003, with a fall head count enrollment of more than 10,000 |
|
students. |
|
(b) If the institution has under its control and |
|
jurisdiction property that is contiguous to, or located in any part |
|
within the boundaries of, a municipality with a population of more |
|
than one million, in addition to exercising the authority provided |
|
under Section 51.212(d), the governing board of a private |
|
institution of higher education to which this section applies and |
|
the governing body of each municipality, regardless of the |
|
municipality's population, that is contiguous to, or the boundaries |
|
of which contain any part of, property under the control and |
|
jurisdiction of the private institution of higher education may |
|
enter into a written mutual assistance agreement in which peace |
|
officers commissioned by the institution or the applicable |
|
municipality serve the public interest by assisting, without any |
|
form of additional compensation or other financial benefit, the |
|
peace officers of the other party to the agreement in enforcing |
|
state or local law, including applicable municipal ordinances. The |
|
agreement must be reviewed at least annually by the institution and |
|
the municipality and may be modified at that time by a written |
|
agreement signed by each party. The agreement may be terminated at |
|
any time by a party to the agreement on the provision of reasonable |
|
notice to the other party to the agreement. |
|
(c) A mutual assistance agreement authorized by this |
|
section may designate the geographic area in which the campus peace |
|
officers are authorized to provide assistance to the peace officers |
|
of the municipality. |
|
(d) This section does not affect a municipality's duty to |
|
provide law enforcement services to any location within the |
|
boundaries of the municipality. |
|
(e) A peace officer providing assistance under a mutual |
|
assistance agreement authorized by this section may make arrests |
|
and exercise all other authority given to peace officers under |
|
other state law. The municipal law enforcement agency has |
|
exclusive authority to supervise any campus peace officer operating |
|
under the agreement to assist the peace officers of the |
|
municipality. A municipal peace officer operating under the |
|
agreement to assist the campus peace officers remains under the |
|
supervision of the municipal law enforcement agency. |
|
(f) In the same manner and to the same extent as a |
|
municipality is liable for an act or omission of a peace officer |
|
employed by the municipality, a private institution of higher |
|
education is liable for an act or omission of a campus peace officer |
|
operating under a mutual assistance agreement authorized by this |
|
section at a location other than property under the control and |
|
jurisdiction of the institution. |
|
(g) This section does not limit the authority of a campus |
|
peace officer to make a warrantless arrest outside the officer's |
|
jurisdiction as described by Article 14.03(d), Code of Criminal |
|
Procedure. |
|
Sec. 51.2126. APPEAL BY CAMPUS PEACE OFFICER OF |
|
DISCIPLINARY ACTION OR PROMOTIONAL BYPASS RELATED TO PROVISION OF |
|
ASSISTANCE UNDER MUTUAL ASSISTANCE AGREEMENT. (a) A campus peace |
|
officer acting under a mutual assistance agreement authorized by |
|
Section 51.2125 who is demoted, suspended, or terminated by the |
|
applicable private institution of higher education or who |
|
experiences a promotional bypass by the institution may elect to |
|
appeal the institution's action to an independent third party |
|
hearing examiner under this section. |
|
(b) To elect to appeal to an independent third party hearing |
|
examiner under this section, the campus peace officer must submit |
|
to the head of the institution's law enforcement agency not later |
|
than the 30th day after the date of the action being appealed a |
|
written request stating the officer's decision to appeal to such a |
|
hearing examiner. |
|
(c) The hearing examiner's decision is final and binding on |
|
all parties. If a campus peace officer elects to appeal the |
|
institution's action to an independent third party hearing examiner |
|
under this section, the officer or institution may appeal the |
|
examiner's decision to a district court only as provided by |
|
Subsection (j). |
|
(d) If a campus peace officer elects to appeal to a hearing |
|
examiner, the officer and the head of the institution's law |
|
enforcement agency or their designees shall attempt to agree on the |
|
selection of an impartial hearing examiner. If the parties do not |
|
agree on the selection of a hearing examiner before the 10th day |
|
after the date the appeal is filed, the parties immediately shall |
|
request a list of seven qualified neutral arbitrators from the |
|
American Arbitration Association or the Federal Mediation and |
|
Conciliation Service, or their successors in function. The officer |
|
and the agency head or their designees may agree on one of the seven |
|
neutral arbitrators on the list. If the parties do not agree before |
|
the fifth business day after the date the parties receive the list, |
|
the parties or their designees shall alternate striking a name from |
|
the list, and the single name remaining after all other names have |
|
been struck is selected as the hearing examiner. The parties or |
|
their designees shall agree on a date for the hearing. |
|
(e) The appeal hearing must begin as soon as an appearance |
|
by the hearing examiner can be scheduled. If the hearing examiner |
|
cannot begin the hearing before the 45th day after the date of |
|
selection, the campus peace officer may, within 48 hours after |
|
learning of that fact, call for the selection of a new hearing |
|
examiner using the procedure prescribed by Subsection (d). |
|
(f) In a hearing conducted under this section, the hearing |
|
examiner has the same duties and powers that a civil service |
|
commission has in conducting a hearing or hearing an appeal under |
|
Chapter 143, Local Government Code, including the right to issue |
|
subpoenas. The hearing examiner may: |
|
(1) order that the campus peace officer be reinstated |
|
to the same position or status in which the officer was employed |
|
immediately before the demotion, suspension, or termination or, in |
|
the case of a promotional bypass, to the position or status with |
|
respect to which the officer experienced the bypass; and |
|
(2) award the officer lost wages and any other |
|
compensation lost as a result of the disciplinary action or |
|
promotional bypass, as applicable. |
|
(g) In a hearing conducted under this section, the parties |
|
may agree to an expedited hearing procedure. Unless otherwise |
|
agreed by the parties, in an expedited procedure the hearing |
|
examiner shall issue a decision on the appeal not later than the |
|
10th day after the date the hearing is completed. |
|
(h) In an appeal that does not involve an expedited hearing |
|
procedure, the hearing examiner shall make a reasonable effort to |
|
issue a decision on the appeal not later than the 30th day after the |
|
later of the date the hearing is completed or the briefs are filed. |
|
The hearing examiner's inability to meet the time requirements |
|
imposed by this section does not affect the hearing examiner's |
|
jurisdiction, the validity of the disciplinary action or |
|
promotional bypass, or the hearing examiner's final decision. |
|
(i) The hearing examiner's fees and expenses shall be paid |
|
in equal amounts by the parties. The costs of a witness shall be |
|
paid by the party who calls the witness. |
|
(j) A district court may hear an appeal of a hearing |
|
examiner's decision only on the grounds that the hearing examiner |
|
was without jurisdiction or exceeded the examiner's jurisdiction or |
|
that the decision was procured by fraud, collusion, or other |
|
unlawful means. An appeal must be brought in the district court |
|
having jurisdiction in the municipality in which the institution is |
|
located. |
|
SECTION 3. Subchapter B, Chapter 402, Government Code, is |
|
amended by adding Section 402.031 to read as follows: |
|
Sec. 402.031. HOMELAND SECURITY LAW ENFORCEMENT INTEGRITY |
|
UNIT. (a) In this section, "law enforcement corruption" means the |
|
commission of an offense in this state by an individual elected, |
|
appointed, or employed to serve as a peace officer for a |
|
governmental entity of this state under Article 2.12, Code of |
|
Criminal Procedure, or by a federal law enforcement officer |
|
performing duties in this state, under: |
|
(1) Section 15.02, Penal Code, or an analogous federal |
|
criminal law, if the object of the conspiracy involves the |
|
manufacture or delivery of a controlled substance as described by |
|
Chapter 481, Health and Safety Code, or an analogous federal |
|
criminal law; or |
|
(2) Section 71.02, Penal Code, or an analogous federal |
|
criminal law. |
|
(b) The homeland security law enforcement integrity unit is |
|
created within the office of the attorney general to assist in the |
|
enforcement of laws relating to law enforcement corruption in law |
|
enforcement units that protect the state's homeland security and |
|
border security. The unit shall serve as a clearinghouse for |
|
information relating to the investigation and prosecution of law |
|
enforcement corruption in this state. |
|
(c) The homeland security law enforcement integrity unit |
|
may: |
|
(1) assist district attorneys and county attorneys in |
|
the investigation and prosecution of law enforcement corruption; |
|
(2) assist state agencies with the investigation of |
|
complaints and administrative enforcement actions involving law |
|
enforcement corruption, including the assessment of an |
|
administrative penalty or other administrative sanction that may be |
|
imposed in response to law enforcement corruption; |
|
(3) assist the United States Department of Justice or |
|
any other appropriate federal department or agency in the |
|
investigation and prosecution of law enforcement corruption; |
|
(4) assist federal agencies with the investigation of |
|
complaints and administrative enforcement actions involving law |
|
enforcement corruption, including the assessment of an |
|
administrative penalty or other administrative sanction that may be |
|
imposed in response to law enforcement corruption; and |
|
(5) monitor the use of grants and other funds |
|
allocated under Section 421.072. |
|
(d) To the extent allowed by law, a state agency or local law |
|
enforcement agency shall cooperate with the homeland security law |
|
enforcement integrity unit by providing information requested by |
|
the unit as necessary to carry out the purposes of this section. |
|
Information disclosed under this subsection is confidential and not |
|
subject to disclosure under Chapter 552. |
|
SECTION 4. Section 418.042(a), Government Code, is amended |
|
to read as follows: |
|
(a) The division shall prepare and keep current a |
|
comprehensive state emergency management plan. The plan may |
|
include: |
|
(1) provisions for prevention and minimization of |
|
injury and damage caused by disaster; |
|
(2) provisions for prompt and effective response to |
|
disaster; |
|
(3) provisions for emergency relief; |
|
(4) provisions for energy emergencies; |
|
(5) identification of areas particularly vulnerable |
|
to disasters; |
|
(6) recommendations for zoning, building |
|
restrictions, and other land-use controls, safety measures for |
|
securing mobile homes or other nonpermanent or semipermanent |
|
structures, and other preventive and preparedness measures |
|
designed to eliminate or reduce disasters or their impact; |
|
(7) provisions for assistance to local officials in |
|
designing local emergency management plans; |
|
(8) authorization and procedures for the erection or |
|
other construction of temporary works designed to protect against |
|
or mitigate danger, damage, or loss from flood, fire, or other |
|
disaster; |
|
(9) preparation and distribution to the appropriate |
|
state and local officials of state catalogs of federal, state, and |
|
private assistance programs; |
|
(10) organization of manpower and channels of |
|
assistance; |
|
(11) coordination of federal, state, and local |
|
emergency management activities; |
|
(12) coordination of the state emergency management |
|
plan with the emergency management plans of the federal government; |
|
(13) coordination of federal and state energy |
|
emergency plans; [and] |
|
(14) the provision of funding to support the Texas |
|
Data Exchange or any other similar comprehensive intelligence |
|
database; and |
|
(15) other necessary matters relating to disasters. |
|
SECTION 5. Subchapter C, Chapter 418, Government Code, is |
|
amended by adding Section 418.0431 to read as follows: |
|
Sec. 418.0431. FUNDING OF CERTAIN DATABASES. The division: |
|
(1) may provide funding to the Department of Public |
|
Safety for the Texas Data Exchange or any other similar |
|
comprehensive intelligence database; and |
|
(2) shall, to any extent necessary, participate in the |
|
transfer described by Section 421.0035(2) and the cooperation |
|
described by Section 421.0035(3). |
|
SECTION 6. Section 421.002, Government Code, is amended to |
|
read as follows: |
|
Sec. 421.002. STATE OFFICE OF HOMELAND SECURITY; HOMELAND |
|
SECURITY STRATEGY. (a) The director of the State Office of |
|
Homeland Security [governor] shall direct homeland security in this |
|
state. The director is appointed by the governor with the advice |
|
and consent of the senate and serves a two-year term expiring |
|
February 1 of each odd-numbered year. The State Office of Homeland |
|
Security is administratively attached to the office of the |
|
governor. |
|
(a-1) The governor [and] shall develop a statewide homeland |
|
security strategy that improves the state's ability to: |
|
(1) detect and deter threats to homeland security; |
|
(2) respond to homeland security emergencies; and |
|
(3) recover from homeland security emergencies. |
|
(b) The State Office of Homeland Security [governor's
|
|
homeland security strategy] shall coordinate homeland security |
|
activities among and between local, state, and federal agencies and |
|
the private sector. |
|
(c) The governor's homeland security strategy [and] must |
|
include specific plans for: |
|
(1) intelligence gathering and analysis; |
|
(2) information sharing; |
|
(3) reducing the state's vulnerability to homeland |
|
security emergencies; |
|
(4) protecting critical infrastructure; |
|
(5) protecting the state's international border, |
|
ports, and airports; |
|
(6) detecting, deterring, and defending against |
|
terrorism, including cyber-terrorism and biological, chemical, and |
|
nuclear terrorism; |
|
(7) positioning equipment, technology, and personnel |
|
to improve the state's ability to respond to a homeland security |
|
emergency; |
|
(8) establishing and directing the Texas Fusion |
|
[Infrastructure Protection Communications] Center and giving the |
|
center certain forms of authority to implement the governor's |
|
homeland security strategy; [and] |
|
(9) using technological resources to: |
|
(A) facilitate the interoperability of |
|
government technological resources, including data, networks, and |
|
applications; |
|
(B) coordinate the warning and alert systems of |
|
state and local agencies; |
|
(C) incorporate multidisciplinary approaches to |
|
homeland security; and |
|
(D) improve the security of governmental and |
|
private sector information technology and information resources; |
|
and |
|
(10) creating and operating a multi-agency |
|
coordination system as outlined in the federal Department of |
|
Homeland Security publication "National Incident Management |
|
System," published March 1, 2004. |
|
(d) [(c)] The governor's homeland security strategy must |
|
complement and operate in coordination with the federal homeland |
|
security strategy. |
|
SECTION 7. Subchapter A, Chapter 421, Government Code, is |
|
amended by adding Section 421.0025 to read as follows: |
|
Sec. 421.0025. BORDER SECURITY COUNCIL. (a) The Border |
|
Security Council consists of members appointed by the governor. |
|
(a-1) At least one-third of the members appointed under |
|
Subsection (a) must be residents of the Texas-Mexico border region, |
|
as defined by Section 2056.002. |
|
(b) The Border Security Council shall develop and recommend |
|
to the State Office of Homeland Security performance standards, |
|
reporting requirements, audit methods, and other procedures to |
|
ensure that funds allocated by the State Office of Homeland |
|
Security for purposes related to security at or near this state's |
|
international border are used properly and that the recipients of |
|
the funds are accountable for the proper use of the funds. |
|
(c) The Border Security Council shall advise the State |
|
Office of Homeland Security regarding the allocation of funds by |
|
the office for purposes related to security at or near this state's |
|
international border. Recommendations relating to the allocation |
|
of those funds must be made by a majority of the members of the |
|
council. |
|
(d) The governor shall designate one member of the Border |
|
Security Council as the chair. The chair shall arrange meetings of |
|
the Border Security Council at times determined by the members of |
|
the council. |
|
(e) The meetings of the Border Security Council are subject |
|
to the requirements of Chapter 551 to the same extent as similar |
|
meetings of the Public Safety Commission. The plans and |
|
recommendations of the Border Security Council are subject to the |
|
requirements of Chapter 552 to the same extent as similar plans and |
|
recommendations of the Department of Public Safety of the State of |
|
Texas. |
|
(f) Service on the Border Security Council by a state |
|
officer or employee or by an officer or employee of a local |
|
government is an additional duty of the member's office or |
|
employment. |
|
SECTION 8. Section 421.003, Government Code, is amended to |
|
read as follows: |
|
Sec. 421.003. CRIMINAL INTELLIGENCE INFORMATION; DATABASE |
|
MAINTENANCE. (a) The Department of Public Safety of the State of |
|
Texas is: |
|
(1) the repository in this state for the collection of |
|
multijurisdictional criminal intelligence information that is |
|
about terrorist activities or otherwise related to homeland |
|
security activities; and |
|
(2) the state agency that has sole [primary] |
|
responsibility to analyze and disseminate that information. |
|
(b) Notwithstanding Section 421.002 or any other law, the |
|
Department of Public Safety of the State of Texas is the only state |
|
agency or state governmental entity that is authorized to develop, |
|
maintain, operate, and control access to the Texas Data Exchange or |
|
any other similar comprehensive intelligence database. |
|
SECTION 9. Subchapter A, Chapter 421, Government Code, is |
|
amended by adding Section 421.0035 to read as follows: |
|
Sec. 421.0035. CERTAIN COOPERATION REQUIRED. The governor |
|
and the governor's office shall cooperate with the Department of |
|
Public Safety to: |
|
(1) transfer to the department control of the Texas |
|
Data Exchange or any other similar comprehensive intelligence |
|
database and any information contained in the Texas Data Exchange |
|
or any other similar comprehensive intelligence database; |
|
(2) transfer to the department any federal funds |
|
received by the governor or the governor's office for the operation |
|
or maintenance of the Texas Data Exchange or any other similar |
|
comprehensive intelligence database; and |
|
(3) ensure that the department receives any federal |
|
funds received by this state for the operation or maintenance of the |
|
Texas Data Exchange or any other similar comprehensive intelligence |
|
database. |
|
SECTION 10. Subchapter A, Chapter 421, Government Code, is |
|
amended by adding Section 421.005 to read as follows: |
|
Sec. 421.005. INTERIM COMMITTEE ON BORDER SECURITY. (a) |
|
The interim committee on border security consists of: |
|
(1) the chair of the House Committee on Border and |
|
International Affairs or its successor in function; |
|
(2) the chair of the House Committee on Defense |
|
Affairs and State-Federal Relations or its successor in function; |
|
(3) the chair of the House Committee on State Affairs |
|
or its successor in function; |
|
(4) the chair of the Senate Committee on International |
|
Relations and Trade; |
|
(5) the chair of the Senate Committee on State |
|
Affairs; |
|
(6) the chair of the Senate Committee on |
|
Transportation and Homeland Security; |
|
(7) two additional members of the house of |
|
representatives appointed by the speaker of the house of |
|
representatives; and |
|
(8) two additional members of the senate appointed by |
|
the lieutenant governor. |
|
(b) The members of the interim committee appointed under |
|
Subsections (a)(7) and (8) serve at the will of the appointing |
|
officer. |
|
(c) The speaker of the house of representatives and the |
|
lieutenant governor shall each designate a co-chair from among the |
|
committee members. |
|
(d) The committee shall meet initially at the joint call of |
|
the co-chairs and the committee shall subsequently hold meetings |
|
and public hearings at the call of the co-chairs. |
|
(e) The committee shall conduct an interim study of border |
|
security issues in this state. The committee shall issue a report to |
|
the legislature not later than December 1, 2008. |
|
(f) This section expires January 1, 2009. |
|
SECTION 11. Subchapter A, Chapter 421, Government Code, is |
|
amended by adding Section 421.006 to read as follows: |
|
Sec. 421.006. AUDIT BY STATE AUDITOR. The State Office of |
|
Homeland Security, Texas Fusion Center, Border Security Council, |
|
Texas Data Exchange, and other offices, agencies, and programs |
|
under this chapter are subject to audit by the state auditor in |
|
accordance with Chapter 321. |
|
SECTION 12. Section 421.071, Government Code, is amended |
|
to read as follows: |
|
Sec. 421.071. COOPERATION AND ASSISTANCE; COMPLIANCE WITH |
|
APPLICABLE LAW. (a) A state or local agency that performs a |
|
homeland security activity or a nongovernmental entity that |
|
contracts with a state or local agency to perform a homeland |
|
security activity shall cooperate with and assist the office of the |
|
governor, the Homeland Security Council, the Texas Fusion |
|
[Infrastructure Protection Communications] Center, and the |
|
National Infrastructure Protection Center in the performance of |
|
their duties under this chapter and other state or federal law. |
|
(b) A state governmental entity or political subdivision |
|
may not adopt a rule, policy, or ordinance under which the state |
|
governmental entity or political subdivision will: |
|
(1) not enforce state or federal criminal law relating |
|
to drugs, including Chapters 481 and 483, Health and Safety Code; |
|
(2) refuse to cooperate with federal authorities in |
|
enforcing 8 U.S.C. Section 1252c; or |
|
(3) violate 8 U.S.C. Section 1324. |
|
(c) If the attorney general determines that a state |
|
governmental entity or political subdivision has violated |
|
Subsection (b), the state governmental entity or political |
|
subdivision shall promptly forfeit and repay to the appropriate |
|
entity all funds granted to the state governmental entity or |
|
political subdivision for purposes related to homeland security, |
|
including border security. The attorney general shall stay the |
|
duty to repay pending the outcome of an appeal under Subsection (d). |
|
(d) Not later than the 21st day after the date of receiving |
|
notice of the determination, a state governmental entity may appeal |
|
a determination under Subsection (c) to a Travis County district |
|
court and a political subdivision may appeal a determination under |
|
Subsection (c) to a district court with jurisdiction in a county in |
|
which the political subdivision is located. |
|
SECTION 13. Section 421.072, Government Code, is amended by |
|
amending Subsection (a) and adding Subsections (d) and (e) to read |
|
as follows: |
|
(a) The State Office of Homeland Security, with the advice |
|
of the Border Security Council, [office of the governor] shall: |
|
(1) allocate available federal and state grants and |
|
other funding related to homeland security to state and local |
|
agencies and defense base development authorities created under |
|
Chapter 379B, Local Government Code, that perform homeland security |
|
activities; |
|
(2) periodically review the grants and other funding |
|
for appropriateness and compliance; |
|
(3) designate state administering agencies to |
|
administer all grants and other funding to the state related to |
|
homeland security; [and] |
|
(4) measure the effectiveness of the homeland security |
|
grants and other funding; and |
|
(5) develop objective criteria to evaluate the use of |
|
grants and other funds allocated to an entity under this section, |
|
including taking into consideration: |
|
(A) the number of officers and employees of the |
|
entity; |
|
(B) the size and population of the geographic |
|
area under the jurisdiction of the entity; |
|
(C) the size of the border area for which the |
|
entity is responsible, if applicable; |
|
(D) the number of arrests made by the entity as a |
|
result of the funding, if applicable; and |
|
(E) the number of prosecutions made by the entity |
|
as a result of the funding, if applicable. |
|
(d) The office of the governor and the State Office of |
|
Homeland Security may allocate grants for homeland security |
|
purposes only to public law enforcement agencies or other public |
|
entities as provided by Subsection (a). |
|
(e) In allocating grants and other funds to law enforcement |
|
entities for border security purposes under Subsection (a), the |
|
State Office of Homeland Security shall consider: |
|
(1) the portion of the Texas-Mexico border for which |
|
the entity has jurisdiction; and |
|
(2) the extent to which the entity provides law |
|
enforcement services along the border. |
|
SECTION 14. The heading to Subchapter E, Chapter 421, |
|
Government Code, is amended to read as follows: |
|
SUBCHAPTER E. TEXAS FUSION [INFRASTRUCTURE PROTECTION
|
|
COMMUNICATIONS] CENTER |
|
SECTION 15. Section 421.081, Government Code, is amended to |
|
read as follows: |
|
Sec. 421.081. FACILITIES AND ADMINISTRATIVE SUPPORT. The |
|
Department of Public Safety of the State of Texas at the request of |
|
the governor shall provide facilities and administrative support |
|
for the Texas Fusion [Infrastructure Protection Communications] |
|
Center. |
|
SECTION 16. Subchapter H, Chapter 2155, Government Code, is |
|
amended by adding Section 2155.452 to read as follows: |
|
Sec. 2155.452. CERTAIN CONTRACTS FOR HOMELAND SECURITY OR |
|
LAW ENFORCEMENT TECHNOLOGY. A state governmental entity that |
|
issues a request for proposals for technological products or |
|
services for homeland security or law enforcement purposes must |
|
allow a business entity to substitute the qualifications of its |
|
executive officers or managers for the qualifications required of |
|
the business entity in the request for proposals. |
|
SECTION 17. Section 370.003, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 370.003. MUNICIPAL OR COUNTY POLICY REGARDING |
|
[ENFORCEMENT OF] DRUG LAWS OR CERTAIN LAWS RELATING TO IMMIGRATION. |
|
The governing body of a municipality, the commissioners court of a |
|
county, or a sheriff, municipal police department, municipal |
|
attorney, county attorney, district attorney, or criminal district |
|
attorney may not adopt a policy under which the entity will: |
|
(1) not [fully] enforce criminal laws relating to |
|
drugs, including Chapters 481 and 483, Health and Safety Code, and |
|
federal law; |
|
(2) refuse to take an action that is authorized under 8 |
|
U.S.C. Section 1252c and permitted under state law; or |
|
(3) violate 8 U.S.C. Section 1324. |
|
SECTION 18. Chapter 370, Local Government Code, is amended |
|
by adding Section 370.004 to read as follows: |
|
Sec. 370.004. PERFORMANCE OF IMMIGRATION OFFICER |
|
FUNCTIONS. Notwithstanding any other law, a political subdivision |
|
of this state may enter into an agreement under Section 287(g), |
|
Immigration and Nationality Act (8 U.S.C. Section 1357(g)), to |
|
perform a function of an immigration officer. |
|
SECTION 19. The heading to Chapter 370, Local Government |
|
Code, is amended to read as follows: |
|
CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
|
|
COUNTY] HEALTH AND PUBLIC SAFETY AFFECTING MORE THAN ONE TYPE OF |
|
LOCAL GOVERNMENT |
|
SECTION 20. Article 2.13, Code of Criminal Procedure, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) Neither a state governmental entity nor a municipality |
|
may adopt a rule, policy, or ordinance, or follow or establish a |
|
commonly accepted practice, that requires a peace officer to |
|
violate a state or federal criminal law. |
|
SECTION 21. Article 61.02(c), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(c) Criminal information collected under this chapter |
|
relating to a criminal street gang must: |
|
(1) be relevant to the identification of an |
|
organization that is reasonably suspected of involvement in |
|
criminal activity; and |
|
(2) consist of: |
|
(A) a judgment under any law that includes, as a |
|
finding or as an element of a criminal offense, participation in a |
|
criminal street gang; |
|
(B) a self-admission by the individual of |
|
criminal street gang membership that is made during a judicial |
|
proceeding; or |
|
(C) any two of the following: |
|
(i) [(A)] a self-admission by the |
|
individual of criminal street gang membership that is not made |
|
during a judicial proceeding; |
|
(ii) [(B)] an identification of the |
|
individual as a criminal street gang member by a reliable informant |
|
or other individual; |
|
(iii) [(C)] a corroborated identification |
|
of the individual as a criminal street gang member by an informant |
|
or other individual of unknown reliability; |
|
(iv) [(D)] evidence that the individual |
|
frequents a documented area of a criminal street gang and[,] |
|
associates with known criminal street gang members; |
|
(v) evidence that the individual[, and] |
|
uses, in more than an incidental manner, criminal street gang |
|
dress, hand signals, tattoos, or symbols, including expressions of |
|
letters, numbers, words, or marks, regardless of the format or |
|
medium in which the symbols are displayed, that are associated with |
|
a criminal street gang that operates in an area frequented by the |
|
individual and described by Subparagraph (iv); or |
|
(vi) [(E)] evidence that the individual has |
|
been arrested or taken into custody with known criminal street gang |
|
members for an offense or conduct consistent with criminal street |
|
gang activity. |
|
SECTION 22. Article 61.06(c), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(c) In determining whether information is required to be |
|
removed from an intelligence database under Subsection (b), the |
|
three-year period does not include any period during which the |
|
individual who is the subject of the information is: |
|
(1) confined in a correctional facility operated by or |
|
under contract with the [institutional division or the state jail
|
|
division of the] Texas Department of Criminal Justice; |
|
(2) committed to a secure correctional facility |
|
operated by or under contract with the Texas Youth Commission, as |
|
defined by Section 51.02, Family Code; or |
|
(3) confined in a county jail or a facility operated by |
|
a juvenile board in lieu of being confined in a correctional |
|
facility operated by or under contract with the Texas Department of |
|
Criminal Justice or being committed to a secure correctional |
|
facility operated by or under contract with the Texas Youth |
|
Commission. |
|
SECTION 23. Chapter 61, Code of Criminal Procedure, is |
|
amended by adding Article 61.075 to read as follows: |
|
Art. 61.075. RIGHT TO REQUEST EXISTENCE OF CRIMINAL |
|
INFORMATION. (a) A person or the parent or guardian of a child may |
|
request a law enforcement agency to determine whether the agency |
|
has collected or is maintaining under this chapter criminal |
|
information relating solely to the person or child. The law |
|
enforcement agency shall respond to the request not later than the |
|
10th business day after the date the agency receives the request. |
|
(b) Before responding to a request under Subsection (a), a |
|
law enforcement agency may require reasonable written verification |
|
of the identity of the person making the request and the |
|
relationship between the parent or guardian and the child, if |
|
applicable, including written verification of an address, date of |
|
birth, driver's license number, state identification card number, |
|
or social security number. |
|
SECTION 24. Section 201.613, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 201.613. ONE-STOP BORDER INSPECTION FACILITIES |
|
[STATIONS]. (a) The department shall erect and maintain border |
|
[choose a location for an] inspection facilities [station] along a |
|
major highway at or near a border crossing from Mexico in the Pharr |
|
[Brownsville], [in] Laredo, and [in] El Paso districts for the |
|
inspection of motor vehicles for compliance with federal and state |
|
commercial motor vehicle regulations [so that all federal, state,
|
|
and municipal agencies that regulate the passage of persons or
|
|
vehicles across the border at that border crossing may be located in
|
|
one place]. |
|
(b) If a facility that serves a bridge that had more than |
|
900,000 commercial border crossings during the state fiscal year |
|
ending August 31, 2002, is to be located in a municipality or a |
|
municipality's extraterritorial jurisdiction, the municipality may |
|
choose the location of the facility within the municipality or the |
|
municipality's extraterritorial jurisdiction. The municipality |
|
shall choose a location before the later of the 180th day after: |
|
(1) the date the department makes a request for a |
|
location; or |
|
(2) the effective date of the Act enacting this |
|
provision. |
|
(c) Only one inspection facility shall be constructed in a |
|
municipality described by this subsection. |
|
(d) In determining the location for a border inspection |
|
facility under Subsection (b), the municipality shall: |
|
(1) obtain and pay for an independent study completed |
|
by a university that conducts transportation studies or any other |
|
entity that conducts transportation studies to identify commercial |
|
truck traffic patterns for the location at which the facility is to |
|
be located to ensure that the location has adequate capacity to |
|
conduct a sufficient number of meaningful vehicle safety |
|
inspections in compliance with 49 U.S.C. Section 13902; and |
|
(2) choose a location that does not impair the receipt |
|
of federal or state funds for implementation of this section. |
|
(e) To the extent the department considers appropriate to |
|
expedite commerce, the department shall provide for implementation |
|
by the appropriate agencies of the use of Intelligent |
|
Transportation Systems for Commercial Vehicle Operations (ITS/CVO) |
|
in: |
|
(1) any new commercial motor vehicle inspection |
|
facility constructed; and |
|
(2) any existing facility to which this section |
|
applies. |
|
(f) Implementation of systems under Subsection (e) must be |
|
based on the Texas ITS/CVO business plan prepared by the |
|
department, the Department of Public Safety, and the comptroller. |
|
The department shall coordinate with other state and federal |
|
transportation officials to develop interoperability standards for |
|
the systems. |
|
(g) In implementing systems under Subsection (e) in the |
|
construction of a facility, the department to the greatest extent |
|
possible shall: |
|
(1) enhance efficiency and reduce complexity for motor |
|
carriers by providing: |
|
(A) a single point of contact between carriers |
|
and state and federal officials regulating the carriers; and |
|
(B) a single point of information, available to |
|
wireless access, about federal and state regulatory and enforcement |
|
requirements; |
|
(2) prevent duplication of state and federal |
|
procedures and locations for regulatory and enforcement |
|
activities, including consolidation of collection of applicable |
|
fees; |
|
(3) link information systems of the department, the |
|
Department of Public Safety, the comptroller, and, to the extent |
|
possible, the United States Department of Transportation and other |
|
appropriate regulatory and enforcement entities; and |
|
(4) take other necessary action to: |
|
(A) facilitate the flow of commerce; |
|
(B) assist federal interdiction efforts; |
|
(C) protect the environment by reducing idling |
|
time of commercial motor vehicles at the facilities; |
|
(D) prevent highway damage caused by overweight |
|
commercial motor vehicles; and |
|
(E) seek federal funds to assist in the |
|
implementation of this section. [The department shall establish
|
|
and maintain an inspection station at the locations chosen in
|
|
Subsection (a) only if the federal agencies involved in the
|
|
regulation of the passage of persons or vehicles at that border
|
|
crossing agree to the design of the facility at each location and
|
|
agree to use the facility at each location if built.
|
|
[(c)
The department may enter into agreements with federal,
|
|
state, and municipal agencies to accomplish the purpose of this
|
|
section. An agreement may involve the lease of office space at the
|
|
inspection station by the department to the agency.] |
|
SECTION 25. The House Committee on Corrections may conduct |
|
a study to determine whether it would add efficiency to the state's |
|
criminal justice system, in terms of time and money, for this state |
|
or for certain political subdivisions of this state to seek one or |
|
more agreements under Section 287(g), Immigration and Nationality |
|
Act (8 U.S.C. Section 1357(g)). |
|
SECTION 26. As soon as practicable after the effective date |
|
of this Act, the governor shall appoint the director of the State |
|
Office of Homeland Security to a term expiring February 1, 2009. |
|
SECTION 27. Not later than December 1, 2007, the attorney |
|
general shall establish the law enforcement integrity unit under |
|
Section 402.031, Government Code, as added by this Act. |
|
SECTION 28. The Texas Department of Transportation shall |
|
spend the money appropriated during the 76th Legislature for |
|
Section 201.613, Transportation Code, as added by Chapter 1527, |
|
Acts of the 76th Legislature, Regular Session, 1999, or money |
|
received from the federal government to establish the border |
|
inspection facilities under Section 201.613, Transportation Code, |
|
as amended by this Act. |
|
SECTION 29. (a) Not later than September 1, 2008, the |
|
Border Security Council, in consultation with any relevant agency, |
|
shall prepare, issue, and distribute to the governor and each |
|
member of the legislature a report: |
|
(1) that provides the number of victims of human |
|
trafficking that have crossed the border, annually since the year |
|
2000, as defined by Chapter 20A, Penal Code, with at least the |
|
following information: |
|
(A) the age, gender, and nationality of the |
|
victims; |
|
(B) the types of services provided to the |
|
victims, if any; and |
|
(C) the agencies that provided services to |
|
victims; |
|
(2) outlining how existing laws and rules concerning |
|
victims and witnesses address or fail to address the needs of |
|
victims of human trafficking; and |
|
(3) recommending areas of improvement and |
|
modifications in existing laws and rules. |
|
(b) Not later than September 1, 2008, the Border Security |
|
Council, in consultation with any relevant agency, shall prepare, |
|
issue, and distribute to the governor and each member of the |
|
legislature a report: |
|
(1) outlining how existing social service programs |
|
address or fail to address the needs of victims of human |
|
trafficking; |
|
(2) with respect to those needs, outlining the |
|
interplay of existing social service programs with federally funded |
|
victim service programs; and |
|
(3) recommending areas of improvement and |
|
modifications in existing social service programs. |
|
SECTION 30. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2007. |