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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery by this state from the federal government |
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of certain border security expenditures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 403, Government Code, is |
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amended by adding Section 403.0123 to read as follows: |
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Sec. 403.0123. RECOVERY OF CERTAIN BORDER SECURITY |
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EXPENDITURES. (a) The comptroller shall, not later than the 30th |
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day after the beginning of each state fiscal biennium: |
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(1) determine the amount of money spent by this state |
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on border security during the preceding state fiscal biennium; |
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(2) prepare an invoice requesting payment of the |
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amount determined under Subdivision (1); and |
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(3) submit the invoice prepared under Subdivision (2) |
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to the appropriate agency of the federal government for payment. |
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(b) The comptroller may request the assistance of the |
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Legislative Budget Board in making the determination required under |
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Subsection (a)(1), and the Legislative Budget Board shall provide |
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the requested assistance. |
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(c) An invoice submitted under Subsection (a)(3) must |
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include the date the invoice is due, which must be at least six, but |
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not more than eight, months after the date the invoice is submitted. |
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(d) If an invoice submitted under Subsection (a)(3) is paid |
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on or before the date the invoice is due, the comptroller shall |
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deposit the payment in the state treasury to the credit of the |
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general revenue fund. |
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(e) If an invoice submitted under Subsection (a)(3) is not |
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timely paid, the comptroller shall certify the amount due as stated |
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on the invoice to the attorney general, who shall bring an action |
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against the appropriate agency of the federal government to recover |
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the amount due as certified by the comptroller. |
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(f) The comptroller shall deposit any money received as a |
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result of an action brought under Subsection (e) in the state |
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treasury to the credit of the general revenue fund. |
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(g) Notwithstanding any provision of Subsection (a) to the |
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contrary, for the state fiscal biennium ending August 31, 2023: |
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(1) the comptroller shall take the actions described |
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by Subsection (a) not later than March 1, 2024; and |
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(2) for purposes of Subsection (a)(1), the comptroller |
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shall determine the amount of money spent by this state on border |
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security to be the lesser of: |
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(A) the amount of money spent by this state for |
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that purpose during the period beginning September 1, 2001, and |
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ending August 31, 2023; or |
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(B) $20 billion. |
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(h) Subsection (g) and this subsection expire August 31, |
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2025. |
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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 on the 91st day after the last day of the |
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legislative session. |