85R6596 MCK-F

By: Blanco H.B. No. 1203

A BILL TO BE ENTITLED

AN ACT

relating to a requirement that certain state agencies report on border security operations.

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

SECTION 1. Chapter 322, Government Code, is amended by adding Section 322.025 to read as follows:

Sec. 322.025. REPORT ON BORDER SECURITY OPERATIONS. (a) In this section:

(1) "Border security" means the activities in a reportable county associated with deterring crimes and enforcing state laws related to:

(A) an offense under Chapters 19, 20, 20A, 22, 34, 36, 46, and 71, Penal Code, that is punishable as a felony of the third degree or higher;

(B) an offense under Chapter 481, Health and Safety Code, that is punishable as a felony of the third degree or higher;

(C) an offense under Section 31.03, Penal Code, in which the actor obtained another person's property by using actual or threatened force, violence, or fear or under the color of official right;

(D) any offense that is coordinated with or related to activities or crimes that occur or are committed in the United Mexican States; or

(E) any offense for which the state receives federal money to enhance law enforcement efforts relating to the offense.

(2) "Reportable county" means a county:

(A) adjacent to or a portion of which is located within 20 miles of an international border;

(B) adjacent to two counties located on an international border with a population of more than 5,000 and less than 7,500 according to the most recent decennial census;

(C) adjacent to the Gulf Intracoastal Waterway, as defined by Section 51.002, Transportation Code; or

(D) with a population of more than 1 million.

(b) The Department of Public Safety, Texas Military Department, Parks and Wildlife Department, trusteed programs within the office of the governor, Texas Department of Criminal Justice, and any other state agency designated by the board shall report to the board twice each state fiscal year of the fiscal biennium ending August 31, 2019, the following:

(1) the amount of money the agency budgeted for border security and the amount of money the agency spent on border security during the reporting period in each reportable county and statewide;

(2) the method of finance for budgeted and expended amounts;

(3) the object of expense for budgeted and expended amounts;

(4) the amount of money the agency spent on employee salaries during the reporting period for duties related to border security, including regular and overtime pay, in each reportable county and statewide;

(5) the agency's performance related to border security during the reporting period in each reportable county and statewide including:

(A) the arrest rates measuring the number of arrests by the agency in the state fiscal year compared to an average of the number of arrests in the immediately preceding five state fiscal years for human trafficking, illicit drug transportation or smuggling, stolen vehicles used in illicit drug transportation or smuggling, smuggling of persons, and organized crime;

(B) an illicit drugs seizure rate measuring the amount and type of illicit drugs seized by the agency in the state fiscal year compared to an average of the amount and type of illicit drugs seized by the agency for the immediately preceding five state fiscal years;

(C) the total number and an itemized list of illicit drug interdictions in trafficking quantities by the agency;

(D) the total number and an itemized list of currency seizures connected to organized crime arrests with amounts of currency by the agency; and

(E) a currency seizure rate measuring the amount of currency seized by the agency in the state fiscal year compared to an average of the amount of currency seized by the agency for the immediately preceding five state fiscal years; and

(6) any other information relating to the agency's border security operations that the board may require.

(c) A state agency required by Subsection (b) to report information to the board shall submit information for the first half of a state fiscal year not later than March 31 of that year and information for the second half of a state fiscal year not later than September 30 of that year. The state agency shall submit the information in the manner prescribed by the board.

(d) This section expires January 1, 2020.

SECTION 2. This Act takes effect September 1, 2017.