| |
| |
|
|
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. |