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A BILL TO BE ENTITLED
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AN ACT
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relating to border security infrastructure enhancement projects |
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and the creation of a fund to pay for those projects; allocating the |
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earnings on the balance of that fund and reimbursement of related |
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expenditures; including a study on water retention infrastructure |
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near the border. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 421, Government Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. BORDER SECURITY INFRASTRUCTURE ENHANCEMENT |
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Sec. 421.101. DEFINITION. In this subchapter, "fund" means |
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the border security infrastructure enhancement fund. |
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Sec. 421.102. BORDER SECURITY INFRASTRUCTURE ENHANCEMENT |
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FUND. (a) The border security infrastructure enhancement fund is |
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an account in the general revenue fund to be administered by the |
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governor under this subchapter and rules adopted by the governor |
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under this subchapter. |
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(b) The fund consists of appropriations of money made by the |
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legislature for deposit to the credit of the fund. |
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Sec. 421.103. FUND INTEREST. The comptroller shall deposit |
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to the credit of the foundation school fund interest and other |
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earnings made on the balance of the border security infrastructure |
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enhancement fund. |
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Sec. 421.104. USE OF FUND. The governor may use money in |
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the fund only for activities described by this section undertaken |
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for the purposes of preventing human trafficking and entry into the |
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United States of contraband, including but not limited to narcotics |
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and other controlled substances. The governor's use of the money in |
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the fund is including and limited to the activities described in the |
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pilot program developed and implemented under Section 2 of the Act |
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enacting this subchapter. |
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Sec. 421.105. TEXAS CONTRACTOR PREFERENCE. If the governor |
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seeks to contract with a private entity using money from the fund, |
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the governor must give preference to an entity that: |
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(1) is incorporated or otherwise formed under the laws |
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of this state; or |
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(2) has a headquarters or other principal office |
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located in this state. |
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Sec. 421.106. REIMBURSEMENT. (a) The governor shall make a |
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request to the federal government for reimbursement of the amounts |
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expended from the fund. |
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(b) The comptroller shall deposit to the credit of the |
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foundation school fund an amount received from the federal |
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government as a reimbursement of an amount expended from the border |
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security infrastructure enhancement fund. |
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Sec. 421.107. RULES. The governor shall adopt rules |
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necessary to carry out this subchapter. |
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SECTION 2. (a) The governor shall develop and implement a |
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pilot program under this section in one or more of the following: |
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(1) a county located on an international border with a |
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population of more than 14,000 but not more than 15,000; |
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(2) a county located on an international border with a |
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population of more than 54,000 but not more than 55,000; and |
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(3) a county located on an international border with a |
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population of more than 240,000 but not more than 252,000. |
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(b) The governor shall begin the implementation of the pilot |
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program not later than November 1, 2019. |
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(c) In developing and implementing the pilot program, the |
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governor shall consult with local officials, local law enforcement, |
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the Department of Public Safety, and United States Customs and |
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Border Protection. The pilot program must be designed to: |
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(1) plan, design, construct, or maintain along this |
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state's international border: |
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(A) water infrastructure, limited to a bulkhead |
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in a county located on an international border with a population of |
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more than 240,000 but not more than 252,000; |
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(B) transportation infrastructure, limited to |
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Farm-to-Market Road 1021, Farm-to-Market Road 1472, and the road |
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popularly referred to as El Indio Highway and Old Mines Road; |
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(C) detection technology to combat human |
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smuggling and contraband, including but not limited to narcotics |
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and other controlled substances; and |
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(D) commercial vehicle inspection infrastructure |
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at ports of entry and designated state highway inspection stations; |
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(2) clear nonindigenous plants; |
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(3) create a communication portal for all law |
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enforcement entities in counties in which the pilot program is |
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implemented to share information, video feeds, radio feeds, and |
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other technological information that would further the purposes of |
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Subchapter G, Chapter 421, Government Code, as added by this Act; |
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(4) evaluate the benefits of infrastructure |
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improvements in counties in which the pilot program is implemented; |
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and |
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(5) study the effects of clearing at least 20 percent |
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but not more than 30 percent of brush or invasive plant species on |
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land located along this state's international border in counties in |
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which the pilot program is implemented. |
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(d) The governor shall identify the strategies implemented |
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in the pilot program that are successful in furthering the purposes |
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of Subchapter G, Chapter 421, Government Code, as added by this Act. |
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The governor shall: |
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(1) prepare a plan for implementing the identified |
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strategies in all other areas along this state's international |
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border; and |
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(2) submit the plan to the legislature not later than |
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January 1, 2021. |
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SECTION 3. (a) In this section: |
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(1) "Board" means the Texas Water Development Board. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Water retention infrastructure" means |
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infrastructure located within one mile of the Rio Grande River |
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related to the retention of water. |
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(b) The board and the commission jointly shall: |
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(1) conduct a study concerning the effects the |
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construction of water retention infrastructure would have on storm |
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drainage, water quality, and environmental contamination matters |
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in this state; and |
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(2) develop recommendations for actions that may |
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prevent or mitigate any negative effects on storm drainage, water |
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quality, or environmental contamination matters resulting from the |
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construction of water retention infrastructure. |
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(c) The study must investigate: |
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(1) whether and to what extent the construction of |
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water retention infrastructure would cause or contribute to flood |
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management or other storm drainage problems in this state; |
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(2) whether and to what extent the construction of |
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water retention infrastructure would cause or contribute to |
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negative environmental contamination or other environmental |
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effects in this state; |
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(3) whether certain designs or methods of construction |
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of water retention infrastructure would prevent or mitigate any |
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negative effects identified under Subdivision (1) or (2) of this |
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subsection; |
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(4) any economic effects expected to result from any |
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negative effects identified under Subdivision (1) or (2) of this |
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subsection; and |
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(5) what actions by the state would best prevent or |
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mitigate any negative effects identified under Subdivision (1) or |
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(2) of this subsection. |
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(d) Not later than March 1, 2020, the board and the |
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commission shall submit to the governor, the lieutenant governor, |
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and each standing committee of the legislature having primary |
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jurisdiction over water development and environmental matters: |
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(1) a report of the findings of the study conducted |
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under this section; and |
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(2) recommendations for actions that may prevent or |
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mitigate any negative storm drainage, water quality, or |
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environmental contamination effects resulting from the |
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construction of water retention infrastructure. |
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(e) This section expires January 1, 2021. |
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SECTION 4. (a) The Sunset Advisory Commission shall review |
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the actions of the governor under this Act as if the authority |
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provided by this Act were provided to a state agency subject to |
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review under Chapter 325, Government Code (Texas Sunset Act). |
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(b) The review must assess the effectiveness of the |
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governor's actions in fulfilling the purposes of this Act. |
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(c) Not later than September 1, 2025, the Sunset Advisory |
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Commission shall compete the review and deliver a report of its |
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findings and recommendations to the legislature. |
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SECTION 5. 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, 2019. |