By: Biedermann H.B. No. 4306
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to the creation of a fund to pay for border security
  enhancement 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 CONSTRUCTION
         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:
               (1)  appropriations of money made by the legislature
  for deposit to the credit of the fund; and
               (2)  gifts, grants, or donations made to 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 fund.
         Sec. 421.104.  USE OF FUND. The governor may use money in
  the fund only to plan, design, construct, or maintain along this
  state's international border physical barriers, secondary barriers
  in locations where fences or other barriers have been erected,
  technology, clearing of non-indigenous plants, commercial vehicle
  inspection infrastructure at the ports of entry to prevent illegal
  entry into the United States of aliens without official approval of
  an appropriate federal governmental authority, terrorists,
  instruments of terrorism, and contraband, human trafficking,
  including narcotics and other controlled substances.
         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 design, testing, construction, installation,
  deployment, operation, and maintenance of physical barriers,
  secondary barriers, technology, and related infrastructure 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 a physical barrier, secondary
  barrier, technology, or related infrastructure, or 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 fund.
         Sec. 421.110.  The governor shall adopt rules necessary to
  carry out this subchapter.
         Sec. 421.111.  PILOT PROGRAM. (a) This section applies only
  to a county on an international border with a population:
               (1)  more than 240,000 and less than 252,000;
               (2)  more than 54,000 and less than 55,000;
         (b)  The governor shall administer a pilot program starting
  January 1, 2020 to implement this subchapter.
         SECTION 2.  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.