Amend CSHB 2730 (house committee report) by adding the
following appropriately numbered article to the bill and
renumbering subsequent articles of the bill accordingly:
ARTICLE ____. GRANTS FOR HOMELAND SECURITY AND BORDER SECURITY
PURPOSES
SECTION ____.01. Subchapter A, Chapter 411, Government
Code, is amended by adding Section 411.0133 to read as follows:
Sec. 411.0133. HOMELAND SECURITY AND BORDER SECURITY
GRANTS. (a) Notwithstanding any other law, including Section
772.006, the department is the only entity of state government that
may select the recipient of state or federal funds granted by the
state for homeland security or border security purposes.
(b) Another state entity with state or federal funds to be
granted for homeland security or border security purposes shall:
(1) remit the funds to the department, which shall
administer the grant; or
(2) notify the department and award the grant to the
person selected by the department.
(c) The department by rule shall adopt a formula for
selecting the recipients of grants for homeland security and border
security purposes. The formula must fully consider the needs of the
communities or entities applying for the grants and must give
emphasis to:
(1) the quality of homeland security or border
security information collected by applicants;
(2) the number of suspects with authority in a
criminal enterprise apprehended by the applicants; and
(3) the amount of illegal substances, contraband
currency, and ammunition and number of firearms and stolen vehicles
seized by the applicants.
(d) The department may not award a grant using a method
other than the formula under Subsection (c).
(e) Not later than December 1 of each year, the department
shall submit a report to the governor, lieutenant governor, speaker
of the house of representatives, and members of the legislature
regarding the department's activities under this section during the
preceding state fiscal year.
SECTION ____.02. Sections 421.0025(b) and (c), Government
Code, are amended to read as follows:
(b) The Border Security Council shall develop and recommend
to the Department of Public Safety of the State of Texas [office of
the governor] performance standards, reporting requirements, audit
methods, and other procedures to ensure that funds allocated by the
department [office of the governor] 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 Department
of Public Safety of the State of Texas [office of the governor]
regarding the allocation of funds by the department [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.
SECTION ____.03. The heading to Subchapter D, Chapter 421,
Government Code, is amended to read as follows:
SUBCHAPTER D. COOPERATION AND ASSISTANCE[; FUNDING]
SECTION ____.04. Section 421.072, Government Code, is
repealed.
SECTION ____.05. This article takes effect September 1,
2009.