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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the Texas Border Security Division. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter C-1 to read as follows: |
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SUBCHAPTER C-1. TEXAS BORDER SECURITY DIVISION |
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Sec. 411.0351. COMPOSITION; ORGANIZATION. (a) The Texas |
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Border Security Division is a tactical operations unit of the |
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department consisting of a division commander and the number of |
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commissioned officers authorized by the legislature. Officers are |
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entitled to compensation as provided by the legislature. |
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(b) The director, with the commission's approval, may |
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organize and maintain the Texas Border Security Division within: |
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(1) the Texas Rangers division; or |
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(2) another appropriate division of the department in |
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a region that includes: |
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(A) counties along the Texas-Mexico border; or |
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(B) counties subject to acute border-related |
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criminal activity. |
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Sec. 411.0352. POWERS AND DUTIES OF TEXAS BORDER SECURITY |
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DIVISION. The Texas Border Security Division shall: |
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(1) secure the Texas-Mexico border on a year-round |
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basis using strategic operations along the Texas-Mexico border; |
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(2) deny cartels, transnational gangs, and other |
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groups engaged in organized criminal activity the ability to: |
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(A) engage in cross-border illegal activity; and |
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(B) commit or attempt to commit crimes, including |
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heinous crimes, murder, attempted murder, kidnapping, human |
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trafficking, human smuggling, corruption, public corruption, drug |
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smuggling, drug trafficking, money laundering, conspiracy, and |
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gang-related crimes; |
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(3) collaborate and cooperate with and assist law |
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enforcement and homeland security partners in preventing, |
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responding to, or investigating crime or terrorism; |
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(4) collaborate and cooperate with and assist any |
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local law enforcement agency in the interdiction, investigation, |
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and prosecution of criminal activity in the Texas-Mexico border |
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region or in a county subject to border-related criminal activity; |
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(5) collaborate and cooperate with and assist district |
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attorneys, county attorneys, the Border Prosecution Unit, and other |
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prosecutors in the investigation and prosecution of allegations of |
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criminal activity in the Texas-Mexico border region or in a county |
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subject to border-related criminal activity; and |
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(6) collaborate and cooperate with and assist United |
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States Customs and Border Protection or any other appropriate |
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federal or state law enforcement agency in the investigation and |
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prosecution of criminal activity in the Texas-Mexico border region |
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or in a county subject to border-related criminal activity. |
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Sec. 411.0353. OFFICERS. (a) To be eligible for assignment |
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along the Texas-Mexico border, an officer of the Texas Border |
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Security Division must be certified under Section 1701.406, |
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Occupations Code. |
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(b) In hiring officers for the Texas Border Security |
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Division, the department shall give preference to individuals who: |
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(1) have served in the United States armed forces and |
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received an honorable discharge; or |
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(2) are, at the time of hiring, commissioned peace |
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officers. |
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Sec. 411.0354. USE OF DEPARTMENT PROPERTY. The Texas |
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Border Security Division may use department property, including |
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aviation, maritime, or technology assets or other assets, to |
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fulfill the purposes of this subchapter. |
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Sec. 411.0355. RECOVERY OF EXPENSES. The attorney general |
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shall seek reimbursement from any available federal funds for the |
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costs the department incurs in operating the Texas Border Security |
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Division. |
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Sec. 411.0356. SUNSET PROVISION. The Department of Public |
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Safety Texas Border Security Division is subject to Chapter 325 |
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(Texas Sunset Act). Unless continued in existence as provided by |
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that chapter, the Department of Public Safety Texas Border Security |
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Division is abolished and this subchapter expires September 1, |
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2019. |
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SECTION 2. Subchapter I, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.406 to read as follows: |
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Sec. 1701.406. CERTIFICATION OF OFFICERS FOR ASSIGNMENT |
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ALONG TEXAS-MEXICO BORDER. (a) The commission by rule shall |
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establish minimum requirements for the training, testing, and |
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certification of peace officers for assignment along the |
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Texas-Mexico border. |
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(b) The commission may certify a peace officer as an officer |
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for assignment along the Texas-Mexico border if the person: |
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(1) completes a training course approved by the |
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commission in issues relating to criminal activity occurring along |
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the Texas-Mexico border; and |
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(2) passes an examination administered by the |
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commission that is designed to test the person's knowledge in |
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issues relating to criminal activity occurring along the |
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Texas-Mexico border. |
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(c) The commission may issue a professional achievement or |
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proficiency certificate to a peace officer who meets the |
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requirements of Subsection (b). |
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(d) The training course required by Subsection (b)(1) must |
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consist of not less than 80 hours. |
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SECTION 3. If this Act takes effect immediately, the Texas |
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Department of Public Safety may use any money appropriated to the |
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department for the fiscal year ending August 31, 2015, for the |
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purposes of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |