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A BILL TO BE ENTITLED
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AN ACT
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relating to grants for homeland security and border security |
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purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.0133 to read as follows: |
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Sec. 411.0133. HOMELAND SECURITY AND BORDER SECURITY |
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GRANTS. (a) Notwithstanding any other law, including Section |
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772.006, the department is the only entity of state government that |
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may select the recipient of state or federal funds granted by the |
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state for homeland security or border security purposes. |
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(b) Another state entity with state or federal funds to be |
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granted for homeland security or border security purposes shall: |
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(1) remit the funds to the department, which shall |
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administer the grant; or |
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(2) notify the department and award the grant to the |
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person selected by the department. |
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(c) The department by rule shall adopt a formula for |
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selecting the recipients of grants for homeland security and border |
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security purposes. The formula must fully consider the needs of the |
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communities or entities applying for the grants and must give |
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emphasis to: |
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(1) the quality of homeland security or border |
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security information collected by applicants; |
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(2) the number of suspects with authority in a |
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criminal enterprise apprehended by the applicants; and |
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(3) the amount, measured by weight, of illegal |
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substances seized by the applicants. |
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(d) The department may not award a grant using a method |
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other than the formula under Subsection (c). |
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(e) Not later than December 1 of each year, the department |
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shall submit a report to the governor, lieutenant governor, speaker |
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of the house of representatives, and members of the legislature |
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regarding the department's activities under this section during the |
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preceding state fiscal year. |
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SECTION 2. Sections 421.0025(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) The Border Security Council shall develop and recommend |
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to the Department of Public Safety of the State of Texas [office of
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the governor] performance standards, reporting requirements, audit |
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methods, and other procedures to ensure that funds allocated by the |
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department [office of the governor] for purposes related to |
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security at or near this state's international border are used |
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properly and that the recipients of the funds are accountable for |
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the proper use of the funds. |
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(c) The Border Security Council shall advise the Department |
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of Public Safety of the State of Texas [office of the governor] |
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regarding the allocation of funds by the department [office] for |
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purposes related to security at or near this state's international |
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border. Recommendations relating to the allocation of those funds |
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must be made by a majority of the members of the council. |
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SECTION 3. The heading to Subchapter D, Chapter 421, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER D. COOPERATION AND ASSISTANCE[; FUNDING] |
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SECTION 4. Section 421.072, Government Code, is repealed. |
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SECTION 5. This Act takes effect September 1, 2009. |