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SECTION 1. Chapter 41,
Government Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. BORDER
PROSECUTION UNIT
Sec. 41.351.
DEFINITIONS. In this subchapter:
(1) "Board of
directors" means the board of directors of the unit.
(2) "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.
(3) "Border
prosecuting attorney" means an attorney in a border region who
represents the state solely or primarily
in the prosecution of border crime.
(4) "Border
region" means the portion of this
state that is located in a county that is adjacent to an international
border and any county in which a prosecuting attorney listed in Section
41.353(a) serves.
(5) "Executive
board" means the executive board governing the board of directors of
the unit.
(6) "Prosecuting
attorney" means a county attorney, district attorney, or criminal district
attorney.
(7) "Unit"
means the border prosecution unit.
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SECTION 1. Chapter 41,
Government Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. BORDER
PROSECUTION UNIT
Sec. 41.351.
DEFINITIONS. In this subchapter:
(1) "Board of
directors" means the board of directors of the unit.
(2) "Border
crime" and "border region" have
the meanings assigned by Section 772.0071.
(3) "Border
prosecuting attorney" means a prosecuting attorney in a border region
who represents the state in the prosecution of felony border crimes.
(4) "Executive
board" means the executive board governing the board of directors of
the unit.
(5) "Prosecuting
attorney" means a district attorney, criminal district attorney, or
county attorney with felony criminal
jurisdiction.
(6) "Unit"
means the border prosecution unit.
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Sec. 41.352. GENERAL
FUNCTION OF BORDER PROSECUTION UNIT.
Sec. 41.353. BOARD OF
DIRECTORS. (a) The unit is governed by a board of directors composed of
the following prosecuting attorneys:
(1) the district attorney
for the 34th Judicial District;
(2) the district attorney
for the 38th Judicial District;
(3) the district attorney
for the 49th Judicial District;
(4) the district attorney
for the 63rd Judicial District;
(5) the district attorney
for the 79th Judicial District;
(6) the district attorney
for the 81st Judicial District;
(7) the district attorney
for the 83rd Judicial District;
(8) the district attorney
for the 112th Judicial District;
(9) the district attorney
for the 143rd Judicial District;
(10) the district
attorney for the 156th Judicial District;
(11) the district
attorney for the 229th Judicial District;
(12) the district
attorney for the 293rd Judicial District;
(13) the district attorney
for the 452nd Judicial District;
(14) the criminal
district attorney for Hidalgo County;
(15) the district attorney for Cameron County;
(16) the district
attorney for Kleberg and Kenedy Counties;
(17) the district attorney for Willacy County;
and
(18) any other
prosecuting attorney who represents the state in the prosecution of
felonies for a judicial district that is created by the legislature in the
border region.
(b) A prosecuting
attorney described by Subsection (a) shall serve on the board of directors
in addition to the other duties of the prosecuting attorney assigned by
law.
(c) The board of
directors shall meet annually for the purpose of electing the executive
board and approving or amending bylaws governing the unit.
(d) A majority of the
members of the board of directors constitutes a quorum for the transaction
of business. The board of directors must approve any action by a majority
vote of the members present.
(e) The board of
directors shall divide the border region into three subregions and shall
set the boundaries of the subregions as necessary.
(f) Each member of the
board of directors shall enter into a memorandum of understanding with the
unit to collaborate and cooperate in the prosecution of border crime.
Sec. 41.354. EXECUTIVE
BOARD; DUTIES, AUTHORITY, AND GOVERNANCE.
Sec. 41.355. OFFICERS.
Sec. 41.356. MEMBERSHIP
ON BOARD OF DIRECTORS OR EXECUTIVE BOARD NOT A CIVIL OFFICE OF EMOLUMENT.
Sec. 41.357.
REIMBURSEMENT FOR EXPENSES.
Sec. 41.358. UNIT
ADMINISTRATOR; REGIONAL COUNSEL; ADDITIONAL EMPLOYEES. (a) The executive
board shall employ a person to serve
as administrator of the unit and shall set the salary and benefits of the
administrator.
(b) The executive board
shall employ one or more attorneys as regional counsel for each subregion
and shall set the salary and benefits of each regional counsel.
(c) The executive board
may employ additional employees necessary for the discharge of the duties
of the unit and shall determine the compensation of those employees.
Sec. 41.359. DUTIES OF
UNIT. (a) The unit, in collaboration with the Department of Public
Safety, shall assist and support the members of the board of directors in
the prosecution of border crime, including by providing border prosecuting
attorneys and investigative resources.
(b) The unit shall enter into a memorandum of understanding with
each member of the board of directors to provide funding for the member to
employ one or more border prosecuting attorneys.
A member of the board who
employs a border prosecuting attorney shall set the salary and benefits of
the attorney.
(c) The unit may enter into a memorandum of understanding under
Subsection (b) with the prosecuting attorney for a judicial district
that is not located in the border region if the Department of Public Safety
determines that the judicial district is
significantly affected by border crime.
(d) The unit shall
facilitate the coordination and collaboration of the members of the board
of directors with the regional counsel employed by the unit and with other
law enforcement agencies, including the Department of Public Safety, in the
investigation and prosecution of border crime.
(e) The unit shall
develop a nonexclusive list of offenses not otherwise described by Section 41.351(2) that constitute border
crime to provide guidance and enhance uniformity in the investigation and
prosecution of border crime.
(f) The unit shall serve
as a clearinghouse for information related to the investigation and
prosecution of border crime and shall develop best practices and
guidelines, including best practices for the collection and protection of
confidential law enforcement information regarding each subregion.
(g) The unit shall assist
in developing a training program and providing training to prosecuting
attorneys and law enforcement agencies in the border region on specific
issues and techniques relating to the investigation and prosecution of
border crime.
Sec. 41.360. DUTIES OF
REGIONAL COUNSEL. (a) An attorney employed as regional counsel for the
unit shall assist the members of the board of directors, border prosecuting
attorneys, and other regional counsel, as needed, in:
(1) the prosecution of
border crime;
(2) the screening of
cases involving border crime;
(3) the presenting of
cases involving border crime to a grand jury; and
(4) the preparation and
trial of cases involving border crime.
(b) The regional counsel
shall serve as a liaison between the members of the board of directors and
other criminal justice entities, including the Department of Public Safety
and federal, state, and local prosecutors and law enforcement agencies
located in the border region, by:
(1) working closely with
those entities, as needed, to coordinate and assist in the investigation and
prosecution of border crime; and
(2) attending multiagency
task force hearings and meetings held by federal, state, and local
prosecutors and law enforcement agencies on the investigation and
prosecution of border crime.
(c) The regional counsel
shall provide legal and technical assistance to law enforcement agencies
investigating border crime, including by:
(1) providing legal
advice and recommendations regarding Fourth Amendment search and seizure
issues, relevant statutes, and case law;
(2) drafting and
reviewing affidavits requesting the issuance of search warrants, wiretap
orders, pen register and trap and trace orders, mobile tracking device
orders, and similar court orders; and
(3) drafting requests for
court orders authorizing:
(A) the interception of
oral, wire, and electronic communications;
(B) the installation and
use of a pen register and trap and
trace device;
(C) the disclosure of
subscriber records and information; and
(D) other similar court
orders that are required to be filed by a prosecutor.
(d) The regional counsel
shall coordinate training with the unit for members of the board of
directors and law enforcement agencies, including by:
(1) assisting in
identifying training needs in the subregion in which the member's office or
the agency is located;
(2) assisting in the
development of training curricula and guidelines for the investigation and
prosecution of border crime; and
(3) participating in and
hosting training presentations and sessions in each subregion.
(e) The regional counsel
shall provide legal and technical assistance to border prosecuting
attorneys, including by:
(1) performing legal
research relating to investigating and prosecuting border crime, if
requested; and
(2) coordinating with
border prosecuting attorneys and law enforcement agencies to identify
experts in the investigation and prosecution of complex, long-term cases
against organized criminal enterprises.
Sec. 41.361. GIFTS AND
GRANTS.
Sec. 41.362. STATE
PAYMENT OF CERTAIN COSTS. (a) The state shall reimburse a county located
in the border region for:
(1) expenses incurred by
the county for the investigation of border crime, whether or not the
investigation results in the prosecution of an offense; and
(2) reasonable
operational expenses of the unit, including training activities for the
unit's employees and general expenses relating to its investigative and
prosecutorial duties.
(b) The commissioners
court of a county that has incurred expenses under Subsection (a) shall
certify the amount of reimbursement for expenses to the comptroller. The
comptroller shall issue a warrant to the commissioners court in that amount
or, if the comptroller determines that the amount certified by the
commissioners court is unreasonable, in an amount that the comptroller
determines to be reasonable.
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Sec. 41.352. GENERAL
FUNCTION OF BORDER PROSECUTION UNIT.
Sec. 41.353. BOARD OF
DIRECTORS. (a) The unit is governed by a board of directors composed of
the following prosecuting attorneys:
(1) the district attorney
for the 34th Judicial District;
(2) the district attorney
for the 38th Judicial District;
(3) the district attorney
for the 49th Judicial District;
(4) the district attorney
for the 63rd Judicial District;
(5) the district attorney
for the 79th Judicial District;
(6) the district attorney
for the 81st Judicial District;
(7) the district attorney
for the 83rd Judicial District;
(8) the district attorney
for the 112th Judicial District;
(9) the district attorney
for the 143rd Judicial District;
(10) the district
attorney for the 156th Judicial District;
(11) the district
attorney for the 229th Judicial District;
(12) the district
attorney for the 293rd Judicial District;
(13) the district
attorney for the 452nd Judicial District;
(14) the criminal
district attorney for Hidalgo County;
(15) the county attorney with felony criminal jurisdiction
for Cameron County;
(16) the district
attorney for Kleberg and Kenedy Counties;
(17) the county attorney with felony criminal
jurisdiction for Willacy County; and
(18) any other
prosecuting attorney who represents the state in the prosecution of
felonies for a judicial district that is created by the legislature in the
border region.
(b) A prosecuting
attorney described by Subsection (a) shall serve on the board of directors
in addition to the other duties of the prosecuting attorney assigned by
law.
(c) The board of
directors shall meet annually for the purpose of electing the executive
board and approving or amending bylaws governing the unit.
(d) A majority of the
members of the board of directors constitutes a quorum for the transaction
of business. The board of directors must approve any action by a majority
vote of the members present.
(e) The board of
directors shall divide the border region into three subregions and shall
set the boundaries of the subregions as necessary.
(f) Each member of the
board of directors shall enter into a memorandum of understanding with the
unit to collaborate and cooperate in the prosecution of border crime.
Sec. 41.354. EXECUTIVE
BOARD; DUTIES, AUTHORITY, AND GOVERNANCE.
Sec. 41.355. OFFICERS.
Sec. 41.356. MEMBERSHIP
ON BOARD OF DIRECTORS OR EXECUTIVE BOARD NOT A CIVIL OFFICE OF EMOLUMENT.
Sec. 41.357.
REIMBURSEMENT FOR EXPENSES.
Sec. 41.358. UNIT
ADMINISTRATOR; REGIONAL COUNSEL; ADDITIONAL EMPLOYEES. (a) The executive
board may employ a person to serve
as administrator of the unit and shall set the salary and benefits of the
administrator.
(b) The executive board
shall employ one or more attorneys as regional counsel for each subregion
and shall set the salary and benefits of each regional counsel.
(c) The executive board
may employ additional employees necessary for the discharge of the duties
of the unit and shall determine the compensation of those employees.
Sec. 41.359. DUTIES OF
UNIT. (a) The unit, in collaboration with the Department of Public
Safety, shall assist and support the members of the board of directors in
the prosecution of border crime, including by providing border prosecuting
attorneys, investigative and support staff,
and other resources.
(b) The unit shall solicit requests for proposals from each
member of the board of directors to provide funding for the member to
employ one or more border prosecuting attorneys, to employ investigative and support staff, and to provide other
resources. The unit shall review each request and make recommendations to
the criminal justice division of the governor's office regarding the
distribution of grant money under the prosecution of border crime grant
program established under Section 772.0071.
A member of the board who
employs a border prosecuting attorney or
investigative or support staff shall set the salary and benefits of
the attorney or staff member.
(c) The unit may solicit requests for proposals from, and make
recommendations under Subsection (b) regarding the distribution of grant
money to, a prosecuting attorney who serves a county or counties that
are not located in the border region if the Department of Public Safety determines
that the county or counties served by the
attorney are significantly affected by border crime.
(d) The unit shall
facilitate the coordination and collaboration of the members of the board
of directors with the regional counsel employed by the unit and with other
law enforcement agencies, including the Department of Public Safety, in the
investigation and prosecution of border crime.
(e) The unit shall
develop a nonexclusive list of offenses not otherwise described by Section 772.0071(a)(1) that constitute
border crime to provide guidance and enhance uniformity in the
investigation and prosecution of border crime.
(f) The unit shall serve
as a clearinghouse for information related to the investigation and
prosecution of border crime and shall develop best practices and
guidelines, including best practices for the collection and protection of
confidential law enforcement information regarding each subregion.
(g) The unit shall assist
in developing a training program and providing training to prosecuting
attorneys and law enforcement agencies in the border region on specific
issues and techniques relating to the investigation and prosecution of
border crime.
Sec. 41.360. DUTIES OF
REGIONAL COUNSEL. (a) An attorney employed as regional counsel for the
unit shall assist the members of the board of directors, border prosecuting
attorneys, and other regional counsel, as needed, in:
(1) the prosecution of
border crime;
(2) the screening of
cases involving border crime;
(3) the presenting of
cases involving border crime to a grand jury; and
(4) the preparation and
trial of cases involving border crime.
(b) The regional counsel
shall serve as a liaison between the members of the board of directors and
other criminal justice entities, including the Department of Public Safety
and federal, state, and local prosecutors and law enforcement agencies
located in the border region, by:
(1) working closely with
those entities, as needed, to coordinate and assist in the investigation
and prosecution of border crime; and
(2) attending multiagency
task force hearings and meetings held by federal, state, and local
prosecutors and law enforcement agencies on the investigation and
prosecution of border crime.
(c) The regional counsel
shall provide legal and technical assistance to law enforcement agencies
investigating border crime, including by:
(1) providing legal
advice and recommendations regarding Fourth Amendment search and seizure
issues, relevant statutes, and case law;
(2) drafting and
reviewing affidavits requesting the issuance of search warrants, wiretap
orders, pen register and trap and trace orders, mobile tracking device
orders, and similar court orders; and
(3) drafting requests for
court orders authorizing:
(A) the interception of
oral, wire, and electronic communications;
(B) the installation and
use of a pen register or trap and
trace device;
(C) the disclosure of
subscriber or customer records and
information; and
(D) other similar court
orders that are required to be filed by a prosecutor.
(d) The regional counsel
shall coordinate training with the unit for members of the board of
directors and law enforcement agencies, including by:
(1) assisting in
identifying training needs in the subregion in which the member's office or
the agency is located;
(2) assisting in the
development of training curricula and guidelines for the investigation and
prosecution of border crime; and
(3) participating in and
hosting training presentations and sessions in each subregion.
(e) The regional counsel
shall provide legal and technical assistance to border prosecuting
attorneys, including by:
(1) performing legal
research relating to investigating and prosecuting border crime, if
requested; and
(2) coordinating with
border prosecuting attorneys and law enforcement agencies to identify
experts in the investigation and prosecution of complex, long-term cases
against organized criminal enterprises.
Sec. 41.361. GIFTS AND
GRANTS.
No
equivalent provision.
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