88S10100 JCG-D
 
  By: Birdwell S.B. No. 8
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to measures to address public safety threats in this state
  presented by transnational criminal activity, including by
  establishing a Texas Border Force and making funds available to
  certain governmental entities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  TEXAS BORDER FORCE; DEPARTMENT OF PUBLIC SAFETY BORDER
  SECURITY FUNCTIONS
         SECTION 1.01.  Section 411.0043, Government Code, is amended
  by amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  The commission shall implement a policy requiring the
  department to use appropriate technological solutions to improve
  the department's ability to perform its functions. The policy must
  ensure that:
               (1)  the public is able to interact with the department
  on the Internet; and
               (2)  the department's capability to conduct border
  security operations and similar functions is not impeded by the use
  of obsolete or outdated technologies.
         (c)  The department shall periodically review emerging
  technologies that may be deployed for border security operations,
  including technologies and equipment described by Section
  411.0285, to ensure the department consistently adopts innovative
  technologies and solutions for those operations. 
         SECTION 1.02.  Chapter 411, Government Code, is amended by
  adding Subchapter B-2 to read as follows:
  SUBCHAPTER B-2.  TEXAS BORDER FORCE
         Sec. 411.0281.  DEFINITION. In this subchapter, "border
  force" means the Texas Border Force established under this
  subchapter.
         Sec. 411.0282.  TEXAS BORDER FORCE; CHIEF. (a) The Texas
  Border Force is established in the Texas Rangers division of the
  department. 
         (b)  The chief of the Texas Rangers is the chief of the border
  force.
         Sec. 411.0283.  BORDER OPERATIONS. (a)  The border force may
  conduct border security operations along the Texas-Mexico border,
  including: 
               (1)  law enforcement operations;
               (2)  intelligence gathering, analysis, and
  dissemination;
               (3)  coordination and command of state agencies in
  border security operations led by the border force;
               (4)  surveillance and detection of criminal activity,
  including improper entry of individuals from foreign nations and
  the smuggling of individuals and controlled substances, using
  cameras, unmanned aircraft, and other technologies;
               (5)  interdiction of individuals committing criminal
  activity described by Subdivision (4);
               (6)  coordination of local, state, and federal agencies
  conducting border security operations, including tactical
  operations such as special response teams, brush teams, and special
  weapons and tactics teams; and
               (7)  training and education programs for the
  professional development of employees and agency partners carrying
  out border security operations.
         (b)  Only commissioned officers of the border force may carry
  out the duties assigned to a commissioned peace officer.  An
  employee of the border force who is not a commissioned peace officer
  may:
               (1)  act in support of a commissioned peace officer;
  and
               (2)  engage in support and infrastructure operations of
  the border force.
         Sec. 411.0284.  ASSIGNMENT OF TEXAS MILITARY FORCES SERVICE
  MEMBERS. (a)  In this section, "Texas military forces" has the
  meaning assigned by Section 437.001.
         (b)  The department, at the request of the chief of the
  border force, may enter into a written agreement with the Texas
  Military Department for the assignment of service members of the
  Texas military forces to the border force.  The agreement may
  provide for reimbursement by the department for hiring, training,
  salary, and employee benefit costs incurred by the Texas military
  forces in connection with service members assigned to the border
  force.
         Sec. 411.0285.  PURCHASE AND DEPLOYMENT OF CERTAIN
  TECHNOLOGY AND EQUIPMENT. (a)  The department, at the request of
  the chief of the border force, shall purchase and deploy technology
  and equipment to enhance the border force's ability to detect and
  suppress criminal activity along the Texas-Mexico border,
  including:
               (1)  stacked razor wire barriers;
               (2)  buoy barriers; and
               (3)  surveillance and detection technology to be
  deployed at and near each port of entry along the Texas-Mexico
  border to detect and deter the improper entry of individuals from
  foreign nations and the smuggling of individuals and controlled
  substances, such as fentanyl, cocaine, heroin, and
  methamphetamine. 
         (b)  The surveillance and detection technology described by
  Subsection (a)(3) may be used to inspect passenger and commercial
  vehicles passing through a port of entry or traveling in any
  direction within 30 miles of a port of entry.
         (c)  The department shall employ a sufficient number of
  commercial vehicle inspectors to inspect vehicles using technology
  described by Subsection (a)(3).
         (d)  Funds used to purchase technology and equipment
  described by Subsection (a) are considered funds expended for
  border security for purposes of reporting requirements in the
  General Appropriations Act, and the Legislative Budget Board may
  prescribe the form and manner of reporting the relevant budgeted
  and expended amounts and performance indicator results.
         Sec. 411.0286.  HIRING OFFICERS WITH PREVIOUS BORDER PATROL
  OR MILITARY EXPERIENCE. Notwithstanding any other provision of
  law, the department may, at the time an officer is hired for the
  border force, elect to credit up to four years of experience as a
  Border Patrol Agent of the United States Customs and Border
  Protection or a member of the armed forces of the United States for
  the purpose of calculating the officer's salary under Schedule C.
  All officers are subject to a one-year probationary period under
  Section 411.007(g) notwithstanding the officer's rank or salary
  classification. 
         Sec. 411.0287.  INCREASED STAFFING; CERTAIN TRAINING.  (a)  
  The border force may as necessary to conduct border security
  operations and ensure the safety of the public along the
  Texas-Mexico border:
               (1)  recruit, employ, and train officers and other
  staff; and
               (2)  contract for additional officers and staff to meet
  an increased need for border security operations.
         (b)  The border force shall expand programs for training
  officers to serve as members of a brush team.
         Sec. 411.0288.  REPORTS.  At least once each calendar
  quarter and at other times determined necessary by the governor or
  the chief of the border force, the chief of the border force shall
  submit a report to the governor containing information requested by
  the governor concerning the border force's operations.
         Sec. 411.0289.  NO LIMITATION ON BORDER FORCE AUTHORITY BY
  LOCAL GOVERNMENTS. A political subdivision, including a
  municipality, county, or special purpose district, may not by any
  means limit the jurisdiction or authority of the border force. 
         SECTION 1.03.  Subchapter C, Chapter 2155, Government Code,
  is amended by adding Section 2155.151 to read as follows:
         Sec. 2155.151.  CERTAIN PURCHASES BY DEPARTMENT OF PUBLIC
  SAFETY. (a) The Department of Public Safety is delegated all
  purchasing functions relating to the purchase of technologies and
  equipment for use in border security operations, including
  technology and equipment described by Section 411.0285, to ensure
  the department consistently adopts innovative technologies and
  solutions for those operations.
         (b)  The Department of Public Safety shall acquire goods and
  services under Subsection (a) by any procurement method that
  provides the best value to the department. The Department of Public
  Safety shall consider the best value standards listed in Section
  2155.074.
         (c)  At the request of the Department of Public Safety, the
  comptroller or the Department of Information Resources, as
  appropriate, shall procure goods and services described by
  Subsection (a) for the Department of Public Safety. The Department
  of Public Safety may use the services of the comptroller or the
  Department of Information Resources in procuring goods and services
  described by Subsection (a).
         SECTION 1.04.  (a)  In reviewing emerging technologies under
  Section 411.0043(c), Government Code, as added by this article, the
  Department of Public Safety shall hold a technology fair at which
  vendors of emerging technology that may be used for conducting
  border security operations demonstrate the capabilities of the
  products.
         (b)  The event required by Subsection (a) of this section
  must be held not later than September 1, 2024.
  ARTICLE 2.  INTERAGENCY WORK GROUP ON BORDER ISSUES
         SECTION 2.01.  Sections 772.011(a) and (b), Government Code,
  are amended to read as follows:
         (a)  An interagency work group is created to:
               (1)  develop or update a process to allow agencies to
  work together on issues that face border communities;
               (2)  discuss and coordinate programs and services
  offered to border communities and residents of border communities;
  [and]
               (3)  develop regulatory and legislative
  recommendations to eliminate duplication and combine program
  services;
               (4)  identify and anticipate challenges and threats to
  agencies' operations along the Texas-Mexico border;
               (5)  develop solutions to overcome the challenges and
  threats described by Subdivision (4); and
               (6)  identify strategic opportunities agencies may use
  to enhance the capabilities and effectiveness of their roles in
  this state's operations along the Texas-Mexico border.
         (b)  The work group is composed of:
               (1)  the chair of the standing substantive committee of
  the senate with primary jurisdiction over border security, or the
  chair's designee;
               (2)  the chair of the standing substantive committee of
  the house of representatives with primary jurisdiction over border
  security, or the chair's designee; and
               (3)  the heads of the following agencies or their
  designees:
                     (A) [(1)]  the Texas Department of Rural Affairs;
                     (B) [(2)]  the Texas Department of Housing and
  Community Affairs;
                     (C) [(3)]  the Texas Water Development Board;
                     (D) [(4)]  the Texas Department of
  Transportation;
                     (E) [(5)]  the Texas Commission on Environmental
  Quality;
                     (F) [(6)]  the Texas Workforce Commission;
                     (G) [(7)]  the Department of State Health
  Services;
                     (H) [(8)]  the Health and Human Services
  Commission;
                     (I) [(9)]  the General Land Office;
                     (J) [(10)]  the Texas Economic Development and
  Tourism Office;
                     (K) [(11)]  the Office of State-Federal
  Relations;
                     (L) [(12)]  the Texas Higher Education
  Coordinating Board;
                     (M) [(13)]  the attorney general's office;
                     (N) [(14)]  the secretary of state's office;
                     (O) [(15)]  the Department of Public Safety;
  [and]
                     (P) [(16)]  the Railroad Commission of Texas;
                     (Q)  the Texas Division of Emergency Management;
                     (R)  the Texas Alcoholic Beverage Commission; and
                     (S)  the Texas Military Department.
  ARTICLE 3. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,
  EQUIPMENT, AND SERVICES IN THE BORDER REGION
         SECTION 3.01.  Chapter 421, Government Code, is amended by
  adding Subchapter G to read as follows:
  SUBCHAPTER G. USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY
         Sec. 421.111.  DEFINITIONS. In this subchapter:
               (1)  "Border region" has the meaning assigned by
  Section 772.0071.
               (2)  "Local government" means a municipality or county.
               (3)  "Office" means the trusteed programs within the
  office of the governor.
         Sec. 421.112.  USE OF CERTAIN FUNDS. From money
  appropriated for that purpose, the office, as authorized by Chapter
  418, including Subchapter D of that chapter, shall make funds
  available to state agencies and local governments for the following
  purposes:
               (1)  the construction and maintenance of facilities
  related to prosecuting and adjudicating offenses committed in the
  border region, including court facilities, processing facilities,
  detention facilities, criminal justice centers, and other similar
  facilities;
               (2)  the construction of improvements to an area in the
  immediate vicinity of a port of entry to enhance vehicle inspection
  capabilities and assist in the investigation, interdiction, and
  prosecution of persons smuggling individuals or contraband across
  the Texas-Mexico border;
               (3)  the payment of staff salaries and benefits and the
  payment of operational expenses related to providing law
  enforcement services, emergency services, detention services, and
  court administration services;
               (4)  the construction and maintenance of temporary
  border security infrastructure, including temporary walls,
  barriers, fences, wires, trenches, surveillance technology, or
  other improvements, designed or adapted to surveil or impede the
  movement of persons or objects across the Texas-Mexico border at
  locations other than ports of entry; and
               (5)  any other activity that the office determines
  necessary to address offenses that are committed in the border
  region or are related to transnational criminal activity.
         Sec. 421.113.  ADMINISTRATIVE COSTS. Unless otherwise
  provided by the appropriation, the office may use a reasonable
  amount, not to exceed five percent, of any funds appropriated for
  purposes of this subchapter to pay the costs of administering this
  subchapter.
  ARTICLE 4. BORDER PROTECTION AGREEMENTS
         SECTION 4.01.  Title 7, Government Code, is amended by
  adding Chapter 795 to read as follows:
  CHAPTER 795. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN
  STATES
         Sec. 795.001.  AUTHORITY FOR AGREEMENTS. On behalf of this
  state, the governor may coordinate, develop, and execute agreements
  with the United Mexican States and the states of the United Mexican
  States regarding the authority of this state to protect and defend
  its citizens.
  ARTICLE 5.  SEVERABILITY; EFFECTIVE DATE
         SECTION 5.01.  It is the intent of the legislature that every
  provision, section, subsection, sentence, clause, phrase, or word
  in this Act, and every application of the provisions in this Act to
  every person, group of persons, or circumstances, is severable from
  each other.  If any application of any provision in this Act to any
  person, group of persons, or circumstances is found by a court to be
  invalid for any reason, the remaining applications of that
  provision to all other persons and circumstances shall be severed
  and may not be affected.
         SECTION 5.02.  This Act takes effect on the 91st day after
  the last day of the legislative session.