By: Bonnen, et al. (Senate Sponsor - Nelson) H.B. No. 9
         (In the Senate - Received from the House August 30, 2021;
  August 30, 2021, read first time and referred to Committee on
  Finance; August 30, 2021, reported favorably by the following
  vote:  Yeas 15, Nays 0; August 30, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to making supplemental appropriations relating to border
  security and giving direction regarding those appropriations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  OFFICE OF COURT ADMINISTRATION, TEXAS JUDICIAL
  COUNCIL. (a) The amount of $32,486,125 is appropriated from the
  general revenue fund to the Office of Court Administration, Texas
  Judicial Council for the purpose of providing funding for indigent
  legal representation, foreign language interpreters for courts,
  increased staff functions, equipment purchases, and program
  administration costs during the two-year period beginning on the
  effective date of this Act.
         (b)  During the two-year period beginning on the effective
  date of this Act, in addition to the number of full-time equivalent
  (FTE) employees other law authorizes the office to employ during
  that period, the Office of Court Administration, Texas Judicial
  Council may employ out of money appropriated by Subsection (a) of
  this section six full-time equivalent (FTE) employees.
         (c)  Out of money appropriated by Subsection (a) of this
  section, the Office of Court Administration, Texas Judicial Council
  shall transfer $905,200 to the Comptroller's Department, Judiciary
  Section for the purpose of providing funding for visiting judges.
         SECTION 2.  MILITARY DEPARTMENT. The amount of $301,007,231
  is appropriated from the general revenue fund to the Military
  Department for the purpose of providing funding for additional
  personnel to support border security operations during the two-year
  period beginning on the effective date of this Act.
         SECTION 3.  DEPARTMENT OF PUBLIC SAFETY. (a) The amount of
  $133,506,725 is appropriated from the general revenue fund to the
  Department of Public Safety for the purpose of providing funding
  for 52 weeks of Operation Lone Star surge costs incurred during the
  two-year period beginning on the effective date of this Act.
         (b)  The amount of $3,411,000 is appropriated from the
  general revenue fund to the Department of Public Safety for the
  purpose of providing funding to purchase tactical marine unit
  vessels during the two-year period beginning on the effective date
  of this Act.
         (c)  The amount of $17,872,349 is appropriated from the
  general revenue fund to the Department of Public Safety for the
  purpose of providing funding for additional full-time equivalent
  (FTE) employees during the two-year period beginning on the
  effective date of this Act.
         (d)  During the two-year period beginning on the effective
  date of this Act, in addition to the number of full-time equivalent
  (FTE) employees other law authorizes the department to employ
  during that period, the Department of Public Safety may employ out
  of money appropriated by Subsection (c) of this section 79
  full-time equivalent (FTE) employees.
         SECTION 4.  DEPARTMENT OF CRIMINAL JUSTICE. The amount of
  $273,700,000 is appropriated from the general revenue fund to the
  Department of Criminal Justice for the purpose of providing funding
  for correctional security operations during the two-year period
  beginning on the effective date of this Act.
         SECTION 5.  COMMISSION ON JAIL STANDARDS. (a) The amount of
  $214,785 is appropriated from the general revenue fund to the
  Commission on Jail Standards for the purpose of providing funding
  to pay additional full-time equivalent (FTE) employees, increased
  employee overtime compensation costs, and increased travel
  expenses during the two-year period beginning on the effective date
  of this Act.
         (b)  During the two-year period beginning on the effective
  date of this Act, in addition to the number of full-time equivalent
  (FTE) employees other law authorizes the commission to employ
  during that period, the Commission on Jail Standards may employ out
  of money appropriated by Subsection (a) of this section three
  full-time equivalent (FTE) employees.
         SECTION 6.  TRUSTEED PROGRAMS WITHIN THE OFFICE OF THE
  GOVERNOR. (a) The amount of $1,020,290,860 is appropriated from
  the general revenue fund to the Trusteed Programs within the Office
  of the Governor for the purpose of providing funding for border
  security operations through the making of border security grants
  during the two-year period beginning on the effective date of this
  Act.
         (b)  The money appropriated by Subsection (a) of this section
  may not be used to:
               (1)  acquire property through the exercise of eminent
  domain; or
               (2)  build a barrier along this state's international
  border with Mexico on property acquired through the exercise of
  eminent domain.
         (c)  The amount of $3,765,000 is appropriated from the
  general revenue fund to the Trusteed Programs within the Office of
  the Governor for the purpose of providing funding for additional
  full-time equivalent (FTE) employees and for additional training
  regarding the handling of misdemeanor and felony crimes for
  eligible prosecuting attorneys, as defined by Section 772.0071(a),
  Government Code, during the two-year period beginning on the
  effective date of this Act.
         (d)  Out of money appropriated by Subsection (a) of this
  section, the amount of $14,000,000 in each state fiscal year of the
  state fiscal biennium beginning September 1, 2021, may be used only
  to provide funding for grants to counties adjacent to this state's
  international border with Mexico to cover those counties' costs for
  additional law enforcement personnel and equipment, overtime pay
  for law enforcement personnel, and other expenses related to
  non-citizens held in county jail facilities, and for non-citizen
  autopsies.
         SECTION 7.  DEPARTMENT OF STATE HEALTH SERVICES. (a) The
  amount of $5,450,976 is appropriated from the general revenue fund
  to the Department of State Health Services for the purpose of
  purchasing ambulance services during the two-year period beginning
  on the effective date of this Act.
         (b)  The amount of $10,901,952 is appropriated from the
  general revenue fund to the Department of State Health Services for
  the purpose of purchasing ambulance services for use at two border
  security processing centers during the two-year period beginning on
  the effective date of this Act.
         SECTION 8.  BORDER SECURITY REPORTING REQUIREMENT. (a) In
  this section, "border security" means activities associated with
  deterring crimes and enforcing state laws related to offenses
  listed in Section 772.0071, Government Code, hunting and fishing
  laws related to poaching, laws for which this state receives
  federal grants intended to enhance law enforcement, or laws that
  relate to federal law enforcement operations, between designated
  entry and exit points in counties:
               (1)  adjacent to or a portion of which are located
  within 20 miles of an international border;
               (2)  adjacent to two counties located on an
  international border with a population of more than 5,000 and less
  than 7,500 according to the most recent federal decennial census;
               (3)  adjacent to the Gulf Intracoastal Waterway, as
  defined by Section 51.002, Transportation Code; or
               (4)  included in a disaster declaration relating to
  border security issued by the governor.
         (b)  The Department of Public Safety, Military Department,
  Trusteed Programs within the Office of the Governor, Department of
  Criminal Justice, Commission on Jail Standards, and Office of Court
  Administration, Texas Judicial Council, shall report all budgeted
  and expended amounts and performance indicator results for border
  security to the Legislative Budget Board.
         (c)  The entities described by Subsection (b) of this section
  shall provide the report required by that subsection on a quarterly
  basis and in the manner prescribed by the Legislative Budget Board.
  Each report must include, at a minimum:
               (1)  expended amounts and performance indicators for
  activities related to enforcing laws described by Subsection (a) of
  this section that occur:
                     (A)  in each county described by Subsection (a) of
  this section as well as for statewide activities that support
  border security; or
                     (B)  in any geographic region outside of the
  counties described by Subsection (a) of this section, as requested,
  such as areas identified as smuggling corridors;
               (2)  the method of finance of budgeted and expended
  amounts;
               (3)  the object of expense of budgeted and expended
  amounts;
               (4)  regular and overtime pay;
               (5)  the quarterly total number of border
  security-related apprehensions and arrests made by state law
  enforcement personnel deployed to geographic regions included in
  the areas described by Subsection (a) of this section, including
  the number of minors apprehended;
               (6)  the total quarterly number of individuals
  undergoing magistration, prosecution, or conviction for state
  crimes related to border security;
               (7)  the total quarterly number of individuals confined
  to state correctional facilities converted by the Department of
  Criminal Justice to confine those accused of state crimes related
  to border security;
               (8)  the quarterly total length, expressed in miles,
  and type of temporary and permanent fencing, barrier, or wall
  erected along the international border with Mexico; and
               (9)  the quarterly total number and amount of grants
  issued by the Trusteed Programs within the Office of the Governor to
  local jurisdictions and counties included in the area described by
  Subsection (a) of this section.
         SECTION 9.  EFFECTIVE DATE. This Act takes effect
  immediately.
 
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