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A BILL TO BE ENTITLED
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AN ACT
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relating to border security enhancement projects and the creation |
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of a fund to pay for those projects; allocating the earnings on the |
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balance of that fund and reimbursement of related expenditures. |
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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 ENHANCEMENT |
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Sec. 421.101. DEFINITION. In this subchapter, "fund" means |
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the border security enhancement fund. |
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Sec. 421.102. BORDER SECURITY ENHANCEMENT FUND. (a) The |
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border security enhancement fund is a special fund in the state |
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treasury outside 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 enhancement |
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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 the following activities for the purposes of |
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preventing human trafficking and illegal entry into the United |
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States of aliens without official approval of an appropriate |
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federal governmental authority, terrorists, instruments of |
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terrorism, and contraband, including narcotics and other |
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controlled substances: |
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(1) planning, designing, constructing, or maintaining |
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along this state's international border water and transportation |
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infrastructure, technology, and commercial vehicle inspection |
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infrastructure at ports of entry; and |
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(2) clearing nonindigenous plants. |
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Sec. 421.105. POWERS OF GOVERNOR. The governor may: |
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(1) enter into contracts and agreements as necessary |
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to carry out this subchapter; and |
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(2) waive legal requirements as necessary to ensure |
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expeditious: |
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(A) design, testing, construction, installation, |
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deployment, operation, and maintenance of water and transportation |
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infrastructure, technology, and commercial vehicle inspection |
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infrastructure under this subchapter; and |
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(B) clearing of nonindigenous plants under this |
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subchapter. |
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Sec. 421.106. CONSULTATION. The governor may not use money |
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from the fund to plan, design, construct, or maintain along this |
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state's international border water and transportation |
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infrastructure, technology, or commercial vehicle inspection |
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infrastructure, to clear nonindigenous plants, or to contract with |
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a third party to perform those activities, unless the governor |
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consults with the commissioner of the General Land Office and |
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appropriate federal governmental authorities to coordinate border |
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security efforts. |
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Sec. 421.107. 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. 421.108. VERIFICATION BY CONTRACTORS. (a) In this |
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section, "E-verify program" has the meaning assigned by Section |
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673.001. |
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(b) The governor may not award a contract under this |
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subchapter unless the proposed contractor registers with and |
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participates in the E-verify program to verify employee |
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information. The contractor must continue to participate in the |
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program during the term of the contract. |
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(c) The governor shall adopt procedures for the |
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administration of this section. |
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Sec. 421.109. 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 enhancement fund. |
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Sec. 421.110. The governor shall adopt rules necessary to |
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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 54,000 but not more than 55,000; and |
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(2) 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) 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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(2) evaluate the benefits of infrastructure |
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improvements on main roads that run parallel to this state's |
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international border in counties in which the pilot program is |
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implemented; and |
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(3) 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. 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. |