By: Guillen H.B. No. 126

A BILL TO BE ENTITLED

AN ACT

relating to impeding illegal entry into Texas by providing more funding for the construction, operation, and maintenance of border barrier infrastructure.

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

ARTICLE 1. BORDER BARRIER INFRASTRUCTURE

SECTION 1.01. Subchapter G, Government Code, is added to read as follows:

SUBCHAPTER G. BORDER BARRIER FUND

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. (a) 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 temporary border security infrastructure, including temporary barriers, buoys, fences, wires, roads, 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;

(2) the construction of improvements, including surveillance and detection technology, 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, including controlled substances, such as fentanyl, cocaine, heroin, and methamphetamine, across the Texas-Mexico border; and

(3) the acquisition and construction of facilities, equipment and services to remove illegal immigrants from Texas.

Sec. 421.113. FEDERAL FUNDS; GIFTS, GRANTS, AND DONATIONS. In addition to funds appropriated by the legislature and for purposes of this subchapter, the office may:

(1) seek and apply for any available federal funds; and

(2) solicit and accept gifts, grants, and donations from any other source, public or private.

Sec. 421.114. RULES. The office may adopt rules for the administration of this subchapter.

Sec. 421.115. REPORTING REQUIREMENTS. (a) The recipient of funds for a purpose described by Section 421.112 shall submit to the office reports on an interval prescribed by the office regarding the use of the funds and any other issue related to the funds as determined by the office.

(b) Funds received by a state agency for a purpose described by Section 421.112 are considered border security funding for purposes of reporting requirements in the General Appropriations Act.

Sec. 421.116. ADMINISTRATIVE COSTS. Unless otherwise provided by the appropriation, the division may use a reasonable amount, not to exceed five percent, of any general revenue appropriated for purposes of this subchapter to pay the costs of administering this subchapter.

Sec. 421.120. PURCHASE, DEPLOYMENT AND MAINTENANCE GUIDELINES FOR CERTAIN TECHNOLOGY AND EQUIPMENT. (a) The office shall develop guidelines for the purchase, deployment and maintenance of technology and equipment to enhance the state's ability to detect and suppress criminal activity along the Texas-Mexico border, including:

(1) temporary border security infrastructure, including temporary barriers, buoys, fences, wires, roads, 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

(2) 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.

(3) the acquisition and construction of facilities, equipment and services to remove illegal immigrants from Texas.

(b) The guidelines to acquire goods and services under Subsection (a) shall consider any procurement method that provides the best value to the state. In developing the guidelines, the office shall consider the best value standards listed in Section 2155.074.

Sec. 421.121. OPERATIONAL PLAN TO COORDINATE BORDER PROTECTION TECHNOLOGY AND EQUIPMENT.

(a) The office shall convene an advisory council on border protection technology and equipment.

(b) The governor shall determine the makeup of the advisory council on border protection technology and equipment, considering domestic and international subject matter experts.

(c) The advisory council on border protection technology and equipment shall develop and recommend to the governor and the legislature, a strategic plan that establishes the framework for the budgeting, procurement, implementation, and operations of border protection technology and equipment for state agencies and local governments.

(d) The strategic plan under Subsection (c) must include:

(1) goals and performance measures that involve collaboration and interoperability of state agencies and local governments;

(2) an evaluation of 8 U.S.C. Section 1325(a) and other federal laws relating to the requirement that the admission of aliens into the United States occur only at ports of entry; and

(3) an evaluation of the relationship between the financial efficiency and operation effectiveness of various types of border protection technology and equipment.

(c) The advisory council on border protection technology and equipment shall twice a year report to the governor and the legislature, on the recommendations of the strategic plan.

(d) The office of the governor shall hold an annual technology fair at which vendors of emerging border protection technology and equipment demonstrate the capabilities of the products.

(e) The inaugural event required by Subsection (d) of this section must be held no later than September 1, 2024.

Sec. 421.122. TECHNOLOGY POLICY; REVIEW. (a) The office shall implement a policy requiring state agencies to use appropriate technological solutions to improve the state's homeland security efforts. The policy must ensure that the state's capability to conduct border security operations and similar functions is not impeded by the use of obsolete or outdated technologies.

(b) The office shall, based upon the recommendations of the advisory council on border protection technology and equipment, periodically review emerging technologies that may be deployed for border security operations, including technologies and equipment described by Section 421.120(a), to ensure the state agencies consistently adopt innovative technologies and solutions for those operations.

SECTION 1.02. As soon as practicable after the effective date of this article, the office of the governor shall adopt rules as necessary to implement Subchapter G, Chapter 421, Government Code, as added by this article.

ARTICLE 2. SEVERABILITY; EFFECTIVE DATE

SECTION 2.01. 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 2.02. 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.