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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a fund to pay for border security |
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enhancement projects; allocating the earnings on the balance of |
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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 421, Government Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. BORDER SECURITY ENHANCEMENT CONSTRUCTION |
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Sec. 421.101. DEFINITION. In this subchapter, "fund" means |
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the border security enhancement fund. |
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Sec. 421.102. 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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governor under this subchapter and rules adopted by the governor |
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under this subchapter. |
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(b) The fund consists of: |
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(1) appropriations of money made by the legislature |
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for deposit to the credit of the fund; and |
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(2) gifts, grants, or donations made to the fund. |
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Sec. 421.103. FUND INTEREST. The comptroller shall deposit |
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to the credit of the foundation school fund interest and other |
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earnings made on the balance of the fund. |
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Sec. 421.104. USE OF FUND. The governor may use money in |
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the fund only to plan, design, construct, or maintain along this |
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state's international border physical barriers, secondary barriers |
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in locations where fences or other barriers have been erected, |
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technology, clearing of non-indigenous plants, commercial vehicle |
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inspection infrastructure at the ports of entry to prevent illegal |
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entry into the United States of aliens without official approval of |
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an appropriate federal governmental authority, terrorists, |
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instruments of terrorism, and contraband, human trafficking, |
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including narcotics and other controlled substances. |
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Sec. 421.105. POWERS OF GOVERNOR. The governor may: |
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(1) enter into contracts and agreements as necessary |
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to carry out this subchapter; and |
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(2) waive legal requirements as necessary to ensure |
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expeditious design, testing, construction, installation, |
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deployment, operation, and maintenance of physical barriers, |
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secondary barriers, technology, and related infrastructure under |
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this subchapter. |
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Sec. 421.106. CONSULTATION. The governor may not use money |
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from the fund to plan, design, construct, or maintain along this |
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state's international border a physical barrier, secondary |
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barrier, technology, or related infrastructure, or contract with a |
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third party to perform those activities, unless the governor |
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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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Sec. 421.107. TEXAS CONTRACTOR PREFERENCE. If the governor |
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seeks to contract with a private entity using money from the fund, |
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the governor 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. 421.108. 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 governor 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 governor shall adopt procedures for the |
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administration of this section. |
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Sec. 421.109. REIMBURSEMENT. (a) The governor shall make a |
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request to the federal government for reimbursement of the 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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foundation school fund an amount received from the federal |
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government as a reimbursement of an amount expended from the fund. |
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Sec. 421.110. The governor shall adopt rules necessary to |
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carry out this subchapter. |
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Sec. 421.111. PILOT PROGRAM. (a) The governor shall |
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determine the location for the project. |
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(b) The governor shall administer a pilot program starting |
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January 1, 2022 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. |