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A BILL TO BE ENTITLED
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AN ACT
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relating to the allocation and use of certain border security |
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funding to secure Gulf of Mexico ports. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.0133 to read as follows: |
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Sec. 411.0133. ALLOCATION OF APPROPRIATIONS FOR BORDER |
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SECURITY. (a) In this section: |
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(1) "Border security appropriation" means an amount of |
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money appropriated or transferred in a General Appropriations Act |
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or another act of the legislature for the purpose of the Texas |
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Border Security Initiative or to otherwise secure the borders of |
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this state. |
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(2) "Gulf of Mexico port" means a port in this state |
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located on the Gulf of Mexico or on a bay, inlet, or other waterway |
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opening into the Gulf of Mexico. |
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(b) Notwithstanding any geographic limitation or limitation |
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on covered activities specified by a definition of "border |
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security" provided in a General Appropriations Act or another act |
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of the legislature that applies to a border security appropriation, |
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the term as used in any of those acts includes projects designed for |
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the purpose of securing Gulf of Mexico ports. |
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(c) Subject to Subsection (d) and except as provided by |
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Subsection (e), the department shall allocate 10 percent of each |
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border security appropriation made to the department to, through |
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the award of grants under Subchapter P, addressing the security |
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needs and maintaining the security of Gulf of Mexico ports to |
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protect this state from acts of terrorism, illegal drug smuggling |
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activities, human trafficking, and similar acts that would threaten |
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this state's security and could be effected through this state's |
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border with the Gulf of Mexico. |
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(d) If a provision of a General Appropriations Act or |
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another act of the legislature allocates a percentage or an amount |
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of a border security appropriation made to the department to the |
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grant program under Subchapter P and the amount resulting from that |
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provision exceeds the amount that would result from the percentage |
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specified by Subsection (c) to be allocated to that purpose, the |
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department shall allocate the greater amount to that purpose. |
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(e) The department is not required under Subsection (c) to |
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allocate any amount of the total amount of border security |
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appropriations made to the department in a General Appropriations |
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Act or another act of the legislature to the purpose specified by |
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that subsection if: |
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(1) the act makes a separate appropriation to the |
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department for the grant program under Subchapter P; and |
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(2) the amount of that separate appropriation is equal |
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to or greater than 10 percent of the sum of that separate |
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appropriation and all other border security appropriations made to |
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the department in the act. |
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SECTION 2. Chapter 411, Government Code, is amended by |
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adding Subchapter P to read as follows: |
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SUBCHAPTER P. GULF OF MEXICO PORT SECURITY GRANT PROGRAM |
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Sec. 411.441. DEFINITIONS. In this subchapter: |
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(1) "Border security appropriation amount" means the |
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amount of money appropriated or allocated under Section 411.0133 to |
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the department for a state fiscal biennium for the grant program |
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under this subchapter. |
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(2) "Gulf of Mexico port" has the meaning assigned by |
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Section 411.0133. |
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Sec. 411.442. GRANT PROGRAM TO FUND PORT SECURITY PROJECTS. |
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(a) The commission by rule shall develop and the department shall |
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implement a grant program to provide funding to address the |
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security needs and maintain the security of Gulf of Mexico ports for |
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the purpose of protecting this state from acts of terrorism, |
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illegal drug smuggling activities, human trafficking, and similar |
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acts that would threaten this state's security and could be |
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effected through this state's border with the Gulf of Mexico. |
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(b) The department shall use the border security |
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appropriation amount for a state fiscal biennium to provide grants |
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under the program during that biennium. |
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(c) The rules adopted under Subsection (a) must provide a |
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process by which a Gulf of Mexico port may apply for a grant. |
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Sec. 411.443. ELIGIBILITY FOR GRANT. To be eligible for a |
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grant under this subchapter, a Gulf of Mexico port must: |
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(1) submit an application to the department in |
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accordance with commission rules; |
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(2) specify in the application each security project |
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to be funded with the grant money and demonstrate the need for the |
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project; |
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(3) demonstrate in the manner required by the |
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department that the port is able to provide as local matching money |
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other money available to the port in an amount at least equal to |
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33.33 percent of the requested amount of the grant; |
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(4) agree to use the local matching money described by |
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Subdivision (3) in addition to the grant money for the security |
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projects specified in the application; and |
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(5) comply with any other requirements specified by |
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commission rules. |
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Sec. 411.444. MAXIMUM AMOUNT OF GRANT. (a) In this section, |
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"annual cargo volume proportion" means the proportion a Gulf of |
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Mexico port's annual cargo volume, measured by tonnage, for a year |
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bears to the total annual cargo volume, measured by tonnage, of all |
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Gulf of Mexico ports for the same year. |
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(b) The maximum amount of a grant the department may award |
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to a Gulf of Mexico port for a state fiscal biennium is an amount |
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equal to a proportionate share of the border security appropriation |
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amount for that biennium equal to that port's annual cargo volume |
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proportion for the year preceding the year in which the port applies |
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for the grant. |
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Sec. 411.445. EVALUATION OF FUNDED PORT SECURITY PROJECTS. |
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(a) The department shall evaluate and document the effectiveness |
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of each port security project funded with a grant under this |
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subchapter in maintaining or increasing the security of this state. |
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The commission by rule shall establish the criteria for purposes of |
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making the required evaluations. |
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(b) A Gulf of Mexico port to which a grant is awarded under |
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this subchapter shall collect, maintain, and report relevant data |
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as required by the department for purposes of an evaluation |
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required by this section. |
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SECTION 3. Section 411.0133, Government Code, as added by |
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this Act, applies to an appropriation or transfer of money to the |
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Department of Public Safety for the purpose of securing the borders |
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of this state made in an act of the legislature that takes effect |
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after the effective date of this Act. |
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SECTION 4. The Public Safety Commission shall adopt the |
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rules required by Subchapter P, Chapter 411, Government Code, as |
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added by this Act, not later than January 1, 2018. |
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SECTION 5. This Act takes effect September 1, 2017. |