86R23365 BRG-F

By: Biedermann, Nevárez, Cain, Miller, Murr, H.B. No. 4306

et al.

Substitute the following for H.B. No. 4306:

By: Harless C.S.H.B. No. 4306

A BILL TO BE ENTITLED

AN ACT

relating to border security enhancement projects and the creation of a fund to pay for those projects; allocating the earnings on the balance of that fund and reimbursement of related expenditures.

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

SECTION 1. Chapter 421, Government Code, is amended by adding Subchapter G to read as follows:

SUBCHAPTER G. BORDER SECURITY ENHANCEMENT

Sec. 421.101. DEFINITION. In this subchapter, "fund" means the border security enhancement fund.

Sec. 421.102. BORDER SECURITY ENHANCEMENT FUND. (a) The border security enhancement fund is a special fund in the state treasury outside the general revenue fund to be administered by the governor under this subchapter and rules adopted by the governor under this subchapter.

(b) The fund consists of appropriations of money made by the legislature for deposit to the credit of the fund.

Sec. 421.103. FUND INTEREST. The comptroller shall deposit to the credit of the foundation school fund interest and other earnings made on the balance of the border security enhancement fund.

Sec. 421.104. USE OF FUND. The governor may use money in the fund only for the following activities for the purposes of preventing human trafficking and illegal entry into the United States of aliens without official approval of an appropriate federal governmental authority, terrorists, instruments of terrorism, and contraband, including narcotics and other controlled substances:

(1) planning, designing, constructing, or maintaining along this state's international border water and transportation infrastructure, technology, and commercial vehicle inspection infrastructure at ports of entry; and

(2) clearing nonindigenous plants.

Sec. 421.105. POWERS OF GOVERNOR. The governor may:

(1) enter into contracts and agreements as necessary to carry out this subchapter; and

(2) waive legal requirements as necessary to ensure expeditious:

(A) design, testing, construction, installation, deployment, operation, and maintenance of water and transportation infrastructure, technology, and commercial vehicle inspection infrastructure under this subchapter; and

(B) clearing of nonindigenous plants under this subchapter.

Sec. 421.106. CONSULTATION. The governor may not use money from the fund to plan, design, construct, or maintain along this state's international border water and transportation infrastructure, technology, or commercial vehicle inspection infrastructure, to clear nonindigenous plants, or to contract with a third party to perform those activities, unless the governor consults with the commissioner of the General Land Office and appropriate federal governmental authorities to coordinate border security efforts.

Sec. 421.107. TEXAS CONTRACTOR PREFERENCE. If the governor seeks to contract with a private entity using money from the fund, the governor must give preference to an entity that:

(1) is incorporated or otherwise formed under the laws of this state; or

(2) has a headquarters or other principal office located in this state.

Sec. 421.108. VERIFICATION BY CONTRACTORS. (a) In this section, "E-verify program" has the meaning assigned by Section 673.001.

(b) The governor may not award a contract under this subchapter unless the proposed contractor registers with and participates in the E-verify program to verify employee information. The contractor must continue to participate in the program during the term of the contract.

(c) The governor shall adopt procedures for the administration of this section.

Sec. 421.109. REIMBURSEMENT. (a) The governor shall make a request to the federal government for reimbursement of the amounts expended from the fund.

(b) The comptroller shall deposit to the credit of the foundation school fund an amount received from the federal government as a reimbursement of an amount expended from the border security enhancement fund.

Sec. 421.110. The governor shall adopt rules necessary to carry out this subchapter.

SECTION 2. (a) The governor shall develop and implement a pilot program under this section in one or more of the following:

(1) a county located on an international border with a population of more than 54,000 but not more than 55,000; and

(2) a county located on an international border with a population of more than 240,000 but not more than 252,000.

(b) The governor shall begin the implementation of the pilot program not later than November 1, 2019.

(c) In developing and implementing the pilot program, the governor shall consult with local officials, local law enforcement, the Department of Public Safety, and United States Customs and Border Protection. The pilot program must be designed to:

(1) create a communication portal for all law enforcement entities in counties in which the pilot program is implemented to share information, video feeds, radio feeds, and other technological information that would further the purposes of Subchapter G, Chapter 421, Government Code, as added by this Act;

(2) evaluate the benefits of infrastructure improvements on main roads that run parallel to this state's international border in counties in which the pilot program is implemented; and

(3) study the effects of clearing at least 20 percent but not more than 30 percent of brush or invasive plant species on land located along this state's international border in counties in which the pilot program is implemented.

(d) The governor shall identify the strategies implemented in the pilot program that are successful in furthering the purposes of Subchapter G, Chapter 421, Government Code, as added by this Act. The governor shall:

(1) prepare a plan for implementing the identified strategies in all other areas along this state's international border; and

(2) submit the plan to the legislature not later than January 1, 2021.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019.