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A BILL TO BE ENTITLED
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AN ACT
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relating to the border prosecution unit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 41, Government Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. BORDER PROSECUTION UNIT |
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Sec. 41.351. DEFINITIONS. In this subchapter: |
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(1) "Board of directors" means the board of directors |
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of the unit. |
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(2) "Border crime" means any crime that occurs in the |
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border region and that undermines public safety or security, |
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including an offense: |
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(A) during the prosecution of which an |
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affirmative finding may be requested under Section 3g(a)(2), |
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Article 42.12, Code of Criminal Procedure; |
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(B) under Chapter 19, 20, 20A, 46, or 71, Penal |
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Code; |
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(C) under Title 7 or 8, Penal Code; |
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(D) under Chapter 481, Health and Safety Code; |
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(E) committed by a person who is not a citizen or |
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national of the United States and is not lawfully present in the |
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United States; or |
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(F) that is coordinated with or related to |
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activities or crimes that occur or are committed in the United |
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Mexican States. |
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(3) "Border prosecuting attorney" means an attorney in |
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a border region who represents the state solely or primarily in the |
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prosecution of border crime. |
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(4) "Border region" means the portion of this state |
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that is located in a county that is adjacent to an international |
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border and any county in which a prosecuting attorney listed in |
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Section 41.353(a) serves. |
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(5) "Executive board" means the executive board |
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governing the board of directors of the unit. |
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(6) "Prosecuting attorney" means a county attorney, |
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district attorney, or criminal district attorney. |
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(7) "Unit" means the border prosecution unit. |
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Sec. 41.352. GENERAL FUNCTION OF BORDER PROSECUTION UNIT. |
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The border prosecution unit is an independent unit that cooperates |
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with and supports border prosecuting attorneys in prosecuting |
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border crime. |
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Sec. 41.353. BOARD OF DIRECTORS. (a) The unit is governed |
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by a board of directors composed of the following prosecuting |
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attorneys: |
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(1) the district attorney for the 34th Judicial |
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District; |
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(2) the district attorney for the 38th Judicial |
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District; |
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(3) the district attorney for the 49th Judicial |
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District; |
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(4) the district attorney for the 63rd Judicial |
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District; |
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(5) the district attorney for the 79th Judicial |
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District; |
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(6) the district attorney for the 81st Judicial |
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District; |
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(7) the district attorney for the 83rd Judicial |
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District; |
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(8) the district attorney for the 112th Judicial |
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District; |
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(9) the district attorney for the 143rd Judicial |
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District; |
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(10) the district attorney for the 156th Judicial |
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District; |
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(11) the district attorney for the 229th Judicial |
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District; |
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(12) the district attorney for the 293rd Judicial |
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District; |
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(13) the district attorney for the 452nd Judicial |
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District; |
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(14) the criminal district attorney for Hidalgo |
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County; |
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(15) the district attorney for Cameron County; |
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(16) the district attorney for Kleberg and Kenedy |
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Counties; |
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(17) the district attorney for Willacy County; and |
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(18) any other prosecuting attorney who represents the |
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state in the prosecution of felonies for a judicial district that is |
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created by the legislature in the border region. |
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(b) A prosecuting attorney described by Subsection (a) |
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shall serve on the board of directors in addition to the other |
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duties of the prosecuting attorney assigned by law. |
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(c) The board of directors shall meet annually for the |
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purpose of electing the executive board and approving or amending |
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bylaws governing the unit. |
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(d) A majority of the members of the board of directors |
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constitutes a quorum for the transaction of business. The board of |
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directors must approve any action by a majority vote of the members |
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present. |
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(e) The board of directors shall divide the border region |
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into three subregions and shall set the boundaries of the |
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subregions as necessary. |
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(f) Each member of the board of directors shall enter into a |
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memorandum of understanding with the unit to collaborate and |
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cooperate in the prosecution of border crime. |
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Sec. 41.354. EXECUTIVE BOARD; DUTIES, AUTHORITY, AND |
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GOVERNANCE. (a) The board of directors is governed by an executive |
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board composed of seven members elected by the membership of the |
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board of directors, as follows: |
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(1) six members of the executive board shall be |
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elected to represent the subregions established under Section |
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41.353(e), with two members from each subregion elected by a |
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majority vote of the members of the board of directors whose |
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jurisdiction is located in that subregion; and |
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(2) one member of the executive board shall be elected |
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by a majority vote of all members of the board of directors. |
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(b) The board of directors shall establish procedures for |
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the election of the members of the executive board. |
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(c) Members of the executive board shall serve terms of two |
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years expiring January 1 of each odd-numbered year. |
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(d) If a vacancy on the executive board occurs before the |
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end of the vacating member's term, the executive board shall elect a |
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person to serve the remainder of the term. To be eligible for |
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election under this subsection, a person must meet any |
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qualifications required of the vacating member for service on the |
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executive board. |
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(e) The executive board shall conduct the business of the |
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unit. |
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(f) A majority of the members of the executive board |
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constitutes a quorum for the purpose of transacting business. The |
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executive board must approve any action by a majority vote of the |
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members present. |
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Sec. 41.355. OFFICERS. (a) The members of the board of |
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directors, on a majority vote, shall elect from among the |
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membership of the executive board a presiding officer and an |
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assistant presiding officer. The presiding officer serves as the |
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presiding officer of the board of directors and the executive |
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board, and the assistant presiding officer serves as the assistant |
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presiding officer of the board of directors and the executive |
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board. |
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(b) The presiding officer and the assistant presiding |
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officer serve terms of one year. |
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(c) The assistant presiding officer serves as presiding |
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officer of the board of directors and the executive board in the |
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presiding officer's absence or if a vacancy occurs in that office |
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until a new presiding officer is elected as provided by Subsection |
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(d). |
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(d) If a vacancy occurs in the office of presiding officer |
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or assistant presiding officer before the end of the vacating |
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officer's term, the executive board shall elect a person to serve |
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the remainder of the term. |
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Sec. 41.356. MEMBERSHIP ON BOARD OF DIRECTORS OR EXECUTIVE |
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BOARD NOT A CIVIL OFFICE OF EMOLUMENT. A position on the board of |
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directors or the executive board may not be construed to be a civil |
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office of emolument for any purpose, including those purposes |
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described in Section 40, Article XVI, Texas Constitution. |
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Sec. 41.357. REIMBURSEMENT FOR EXPENSES. A member of the |
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board of directors or executive board is not entitled to |
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compensation for service on the board of directors or executive |
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board, if applicable, but is entitled to be reimbursed for |
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necessary expenses incurred in carrying out the duties and |
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responsibilities of a member of the board of directors and the |
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executive board, if applicable, as provided by the General |
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Appropriations Act. |
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Sec. 41.358. UNIT ADMINISTRATOR; REGIONAL COUNSEL; |
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ADDITIONAL EMPLOYEES. (a) The executive board shall employ a |
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person to serve as administrator of the unit and shall set the |
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salary and benefits of the administrator. |
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(b) The executive board shall employ one or more attorneys |
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as regional counsel for each subregion and shall set the salary and |
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benefits of each regional counsel. |
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(c) The executive board may employ additional employees |
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necessary for the discharge of the duties of the unit and shall |
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determine the compensation of those employees. |
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Sec. 41.359. DUTIES OF UNIT. (a) The unit, in |
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collaboration with the Department of Public Safety, shall assist |
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and support the members of the board of directors in the prosecution |
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of border crime, including by providing border prosecuting |
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attorneys and investigative resources. |
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(b) The unit shall enter into a memorandum of understanding |
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with each member of the board of directors to provide funding for |
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the member to employ one or more border prosecuting attorneys. A |
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member of the board who employs a border prosecuting attorney shall |
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set the salary and benefits of the attorney. |
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(c) The unit may enter into a memorandum of understanding |
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under Subsection (b) with the prosecuting attorney for a judicial |
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district that is not located in the border region if the Department |
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of Public Safety determines that the judicial district is |
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significantly affected by border crime. |
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(d) The unit shall facilitate the coordination and |
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collaboration of the members of the board of directors with the |
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regional counsel employed by the unit and with other law |
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enforcement agencies, including the Department of Public Safety, in |
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the investigation and prosecution of border crime. |
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(e) The unit shall develop a nonexclusive list of offenses |
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not otherwise described by Section 41.351(2) that constitute border |
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crime to provide guidance and enhance uniformity in the |
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investigation and prosecution of border crime. |
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(f) The unit shall serve as a clearinghouse for information |
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related to the investigation and prosecution of border crime and |
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shall develop best practices and guidelines, including best |
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practices for the collection and protection of confidential law |
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enforcement information regarding each subregion. |
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(g) The unit shall assist in developing a training program |
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and providing training to prosecuting attorneys and law enforcement |
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agencies in the border region on specific issues and techniques |
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relating to the investigation and prosecution of border crime. |
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Sec. 41.360. DUTIES OF REGIONAL COUNSEL. (a) An attorney |
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employed as regional counsel for the unit shall assist the members |
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of the board of directors, border prosecuting attorneys, and other |
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regional counsel, as needed, in: |
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(1) the prosecution of border crime; |
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(2) the screening of cases involving border crime; |
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(3) the presenting of cases involving border crime to |
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a grand jury; and |
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(4) the preparation and trial of cases involving |
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border crime. |
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(b) The regional counsel shall serve as a liaison between |
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the members of the board of directors and other criminal justice |
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entities, including the Department of Public Safety and federal, |
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state, and local prosecutors and law enforcement agencies located |
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in the border region, by: |
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(1) working closely with those entities, as needed, to |
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coordinate and assist in the investigation and prosecution of |
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border crime; and |
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(2) attending multiagency task force hearings and |
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meetings held by federal, state, and local prosecutors and law |
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enforcement agencies on the investigation and prosecution of border |
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crime. |
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(c) The regional counsel shall provide legal and technical |
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assistance to law enforcement agencies investigating border crime, |
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including by: |
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(1) providing legal advice and recommendations |
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regarding Fourth Amendment search and seizure issues, relevant |
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statutes, and case law; |
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(2) drafting and reviewing affidavits requesting the |
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issuance of search warrants, wiretap orders, pen register and trap |
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and trace orders, mobile tracking device orders, and similar court |
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orders; and |
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(3) drafting requests for court orders authorizing: |
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(A) the interception of oral, wire, and |
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electronic communications; |
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(B) the installation and use of a pen register |
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and trap and trace device; |
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(C) the disclosure of subscriber records and |
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information; and |
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(D) other similar court orders that are required |
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to be filed by a prosecutor. |
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(d) The regional counsel shall coordinate training with the |
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unit for members of the board of directors and law enforcement |
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agencies, including by: |
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(1) assisting in identifying training needs in the |
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subregion in which the member's office or the agency is located; |
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(2) assisting in the development of training curricula |
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and guidelines for the investigation and prosecution of border |
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crime; and |
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(3) participating in and hosting training |
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presentations and sessions in each subregion. |
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(e) The regional counsel shall provide legal and technical |
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assistance to border prosecuting attorneys, including by: |
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(1) performing legal research relating to |
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investigating and prosecuting border crime, if requested; and |
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(2) coordinating with border prosecuting attorneys |
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and law enforcement agencies to identify experts in the |
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investigation and prosecution of complex, long-term cases against |
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organized criminal enterprises. |
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Sec. 41.361. GIFTS AND GRANTS. The unit may apply for and |
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accept gifts, grants, and donations from any organization described |
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in Section 501(c)(3) or (4) of the Internal Revenue Code of 1986 for |
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the purposes of funding any activity of the unit under this |
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subchapter. The unit may apply for and accept grants under federal |
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and state programs. |
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Sec. 41.362. STATE PAYMENT OF CERTAIN COSTS. (a) The state |
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shall reimburse a county located in the border region for: |
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(1) expenses incurred by the county for the |
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investigation of border crime, whether or not the investigation |
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results in the prosecution of an offense; and |
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(2) reasonable operational expenses of the unit, |
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including training activities for the unit's employees and general |
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expenses relating to its investigative and prosecutorial duties. |
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(b) The commissioners court of a county that has incurred |
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expenses under Subsection (a) shall certify the amount of |
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reimbursement for expenses to the comptroller. The comptroller |
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shall issue a warrant to the commissioners court in that amount or, |
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if the comptroller determines that the amount certified by the |
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commissioners court is unreasonable, in an amount that the |
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comptroller determines to be reasonable. |
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SECTION 2. This Act takes effect September 1, 2015. |