84R17783 KJE-F
 
  By: Longoria, Thompson of Harris, Phillips, H.B. No. 12
      Bonnen of Galveston, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the border prosecution unit.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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.
         Sec. 41.352.  GENERAL FUNCTION OF BORDER PROSECUTION UNIT.
  The border prosecution unit is an independent unit that cooperates
  with and supports border prosecuting attorneys in prosecuting
  border crime.
         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. (a) The board of directors is governed by an executive
  board composed of seven members elected by the membership of the
  board of directors, as follows:
               (1)  six members of the executive board shall be
  elected to represent the subregions established under Section
  41.353(e), with two members from each subregion elected by a
  majority vote of the members of the board of directors whose
  jurisdiction is located in that subregion; and
               (2)  one member of the executive board shall be elected
  by a majority vote of all members of the board of directors.
         (b)  The board of directors shall establish procedures for
  the election of the members of the executive board.
         (c)  Members of the executive board shall serve terms of two
  years expiring January 1 of each odd-numbered year.
         (d)  If a vacancy on the executive board occurs before the
  end of the vacating member's term, the executive board shall elect a
  person to serve the remainder of the term. To be eligible for
  election under this subsection, a person must meet any
  qualifications required of the vacating member for service on the
  executive board.
         (e)  The executive board shall conduct the business of the
  unit.
         (f)  A majority of the members of the executive board
  constitutes a quorum for the purpose of transacting business. The
  executive board must approve any action by a majority vote of the
  members present.
         Sec. 41.355.  OFFICERS. (a) The members of the board of
  directors, on a majority vote, shall elect from among the
  membership of the executive board a presiding officer and an
  assistant presiding officer. The presiding officer serves as the
  presiding officer of the board of directors and the executive
  board, and the assistant presiding officer serves as the assistant
  presiding officer of the board of directors and the executive
  board.
         (b)  The presiding officer and the assistant presiding
  officer serve terms of one year.
         (c)  The assistant presiding officer serves as presiding
  officer of the board of directors and the executive board in the
  presiding officer's absence or if a vacancy occurs in that office
  until a new presiding officer is elected as provided by Subsection
  (d).
         (d)  If a vacancy occurs in the office of presiding officer
  or assistant presiding officer before the end of the vacating
  officer's term, the executive board shall elect a person to serve
  the remainder of the term.
         Sec. 41.356.  MEMBERSHIP ON BOARD OF DIRECTORS OR EXECUTIVE
  BOARD NOT A CIVIL OFFICE OF EMOLUMENT. A position on the board of
  directors or the executive board may not be construed to be a civil
  office of emolument for any purpose, including those purposes
  described in Section 40, Article XVI, Texas Constitution.
         Sec. 41.357.  REIMBURSEMENT FOR EXPENSES. A member of the
  board of directors or executive board is not entitled to
  compensation for service on the board of directors or executive
  board, if applicable, but is entitled to be reimbursed for
  necessary expenses incurred in carrying out the duties and
  responsibilities of a member of the board of directors or the
  executive board, if applicable, as provided by the General
  Appropriations Act.
         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. The unit may apply for and
  accept gifts, grants, and donations from any organization described
  in Section 501(c)(3) or (4) of the Internal Revenue Code of 1986 for
  the purposes of funding any activity of the unit under this
  subchapter. The unit may apply for and accept grants under federal
  and state programs.
         SECTION 2.  Sections 772.0071(a)(1) and (2), Government
  Code, are amended to read as follows:
               (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, 21, 22, 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 that:
                     (A)  is adjacent to[:
                     [(A)]  an international border; [or]
                     (B)  is adjacent to a county described by
  Paragraph (A); or
                     (C)  is served by a prosecuting attorney whose
  jurisdiction includes a county described by Paragraph (A) or (B).
         SECTION 3.  Section 772.0071(d), Government Code, is
  repealed.
         SECTION 4.  This Act takes effect September 1, 2015.