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A BILL TO BE ENTITLED
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AN ACT
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relating to border security enhancement projects and the creation |
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of a fund to pay for those projects; allocating the earnings on the |
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balance of that fund and reimbursement of related expenditures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter W to read as follows: |
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SUBCHAPTER W. BORDER SECURITY ENHANCEMENT |
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Sec. 411.801. DEFINITION. In this subchapter, "fund" means |
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the border security enhancement fund. |
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Sec. 411.802. BORDER SECURITY ENHANCEMENT FUND. (a) The |
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border security enhancement fund is a special fund in the state |
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treasury outside the general revenue fund to be administered by the |
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department under this subchapter and rules adopted by the |
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commission under this subchapter. |
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(b) The fund consists of appropriations of money made by the |
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legislature for deposit to the credit of the fund. |
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Sec. 411.803. FUND INTEREST. The comptroller shall deposit |
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to the credit of the economic stabilization fund the interest and |
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other earnings made on the balance of the border security |
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enhancement fund. |
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Sec. 411.804. USE OF FUND. (a) The department may use |
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money in the fund only for the following activities for the purposes |
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of preventing human trafficking and illegal entry into the United |
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States of aliens without official approval of an appropriate |
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federal governmental authority, terrorists, instruments of |
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terrorism, and contraband, including narcotics and other |
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controlled substances: |
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(1) planning, designing, constructing, and |
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maintaining along this state's international border water and |
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transportation infrastructure, technology, and commercial vehicle |
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inspection infrastructure at ports of entry; and |
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(2) clearing nonindigenous plants. |
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(b) The department must include as part of the |
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transportation infrastructure, technology, and commercial vehicle |
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inspection infrastructure at ports of entry along this state's |
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international border the construction to federal specifications |
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for similar infrastructure of a wall to be named the "President |
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Donald J. Trump Wall." |
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Sec. 411.805. CONTRACTS AND AGREEMENTS. The department may |
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enter into contracts and agreements as necessary to implement this |
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subchapter. |
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Sec. 411.806. CONSULTATION. (a) The department may not use |
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money from the fund to plan, design, construct, or maintain along |
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this state's international border water and transportation |
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infrastructure, technology, or commercial vehicle inspection |
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infrastructure, to clear nonindigenous plants, or to contract with |
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a third party to perform those activities, unless the department |
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consults with the commissioner of the General Land Office and |
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appropriate federal governmental authorities to coordinate border |
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security efforts. |
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(b) The department shall consult with the commissioner of |
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the General Land Office for the acquisition of any land necessary to |
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implement this subchapter. |
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Sec. 411.807. TEXAS CONTRACTOR PREFERENCE. If the |
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department seeks to contract with a private entity using money from |
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the fund, the department must give preference to an entity that: |
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(1) is incorporated or otherwise formed under the laws |
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of this state; or |
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(2) has a headquarters or other principal office |
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located in this state. |
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Sec. 411.808. VERIFICATION BY CONTRACTORS. (a) In this |
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section, "E-verify program" has the meaning assigned by Section |
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673.001. |
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(b) The department may not award a contract under this |
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subchapter unless the proposed contractor registers with and |
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participates in the E-verify program to verify employee |
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information. The contractor must continue to participate in the |
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program during the term of the contract. |
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(c) The commission shall adopt procedures for the |
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administration of this section. |
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Sec. 411.809. REIMBURSEMENT. (a) The governor shall make a |
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request to the federal government for reimbursement of amounts |
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expended from the fund. |
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(b) The comptroller shall deposit to the credit of the |
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economic stabilization fund an amount received from the federal |
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government as a reimbursement of an amount expended from the border |
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security enhancement fund. |
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Sec. 411.810. ADOPTION OF RULES. The commission shall |
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adopt rules necessary to implement this subchapter. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |