87S30561 MCK-D

By: Toth H.B. No. 163

A BILL TO BE ENTITLED

AN ACT

relating to the employment and licensing of border security officers employed by the Department of Public Safety; making an appropriation.

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

SECTION 1. Subchapter A, Chapter 411, Government Code, is amended by adding Section 411.02091 to read as follows:

Sec. 411.02091. BORDER SECURITY OFFICERS. (a) The department may employ as a border security officer to assist department efforts along the Texas-Mexico border an individual who:

(1) has served in the United States armed forces and received either:

(A) an honorable discharge; or

(B) a dishonorable discharge because the individual refused to be vaccinated against COVID-19; and

(2) holds a border security officer license issued by the Texas Commission on Law Enforcement.

(b) The department shall develop for border security officers a training program that complies with the requirements of Subchapter P, Chapter 1701, Occupations Code.

SECTION 2. Chapter 1701, Occupations Code, is amended by adding Subchapter P to read as follows:

SUBCHAPTER P. BORDER SECURITY OFFICERS

Sec. 1701.751. BORDER SECURITY OFFICER LICENSE. (a) The commission shall adopt rules establishing a border security officer license for border security officers of the Department of Public Safety.

(b) The rules adopted under Subsection (a) must provide for an application process for a border security officer license that is similar to the application process for a peace officer license.

Sec. 1701.752. ELIGIBILITY. A border security officer license may be issued only to an individual who:

(1) served in the United States armed forces and received either:

(A) an honorable discharge; or

(B) a dishonorable discharge because the individual refused to be vaccinated against COVID-19; and

(2) satisfies the eligibility requirements established by commission rule.

Sec. 1701.753. REQUIRED TRAINING. The commission, in consultation with the Department of Public Safety, shall establish training requirements for border security officers.

Sec. 1701.754. AUTHORITY OF BORDER SECURITY OFFICER. (a) An individual who holds a border security officer license has the same authority as a peace officer except as otherwise provided by commission rule.

(b) The commission, in consultation with the Department of Public Safety, shall adopt rules to implement this section.

SECTION 3. The amount of $1 billion is appropriated from the general revenue fund to the Department of Public Safety of the State of Texas for the purpose of providing salaries to border security officers employed by the department during the two-year period beginning on the effective date of this Act.

SECTION 4. 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 on the 91st day after the last day of the legislative session.