By: Watson, Davis S.B. No. 1649

(In the Senate - Filed March 11, 2011; March 23, 2011, read first time and referred to Committee on Transportation and Homeland Security; April 28, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; April 28, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1649 By: Watson

A BILL TO BE ENTITLED

AN ACT

relating to a grant program to support the prosecution of certain crimes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 772, Government Code, is amended by adding Section 772.0071 to read as follows:

Sec. 772.0071. PROSECUTION OF BORDER CRIME GRANT PROGRAM. (a) In this section:

(1) "Border crime" means any crime that occurs in the border region and that undermines public safety or security, including an offense:

(A) during the prosecution of which an affirmative finding may be requested under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure;

(B) under Chapter 19, 20, 20A, 46, or 71, Penal Code;

(C) under Title 7 or 8, Penal Code;

(D) under Chapter 481, Health and Safety Code;

(E) committed by a person who is not a citizen or national of the United States and is not lawfully present in the United States; or

(F) that is coordinated with or related to activities or crimes that occur or are committed in the United Mexican States.

(2) "Border region" means the portion of this state that is located in a county:

(A) that is adjacent to an international border;

(B) in which a border checkpoint is located; or

(C) not otherwise described by Paragraph (A) or (B) if any portion of the county is located within a judicial district that:

(i) contains any portion of a county described by Paragraph (A) or (B); or

(ii) is adjacent to a judicial district that contains any portion of a county described by Paragraph (A) or (B).

(3) "Criminal justice division" means the criminal justice division established under Section 772.006.

(4) "Eligible prosecuting attorney" means an attorney in a border region who represents the state in the prosecution of felonies.

(b) The criminal justice division shall establish and administer a grant program through which an eligible prosecuting attorney or the attorney's office may apply for a grant to support the prosecution of border crime in a county or counties under the jurisdiction of the attorney.

(c) The criminal justice division shall establish:

(1) additional eligibility criteria for grant applicants;

(2) grant application procedures;

(3) guidelines relating to grant amounts;

(4) procedures for evaluating grant applications; and

(5) procedures for monitoring the use of a grant awarded under the program and ensuring compliance with any conditions of a grant.

(d) Undedicated and unobligated funds in the operators and chauffeurs license account may be appropriated only to the criminal justice division for the purpose of awarding grants under this section. The account is exempt from the application of Section 403.095.

(e) The criminal justice division shall include in the biennial report required by Section 772.006(a)(9) a detailed reporting of the results and performance of the grant program administered under this section.

SECTION 2. 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, 2011.

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