88R4044 YDB-D
 
  By: Slaton H.B. No. 209
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to border security enhancement projects, the creation of a
  fund to pay for those projects, and a study on certain projects;
  allocating the earnings on the fund balance and reimbursement of
  related expenditures; granting the power of eminent domain.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 411, Government Code, is amended by
  adding Subchapter W to read as follows:
  SUBCHAPTER W. BORDER SECURITY ENHANCEMENT
         Sec. 411.801.  DEFINITION. In this subchapter, "fund" means
  the border security enhancement fund.
         Sec. 411.802.  BORDER SECURITY ENHANCEMENT FUND. (a) The
  border security enhancement fund is a special fund in the state
  treasury established outside the general revenue fund and
  administered by the department under this subchapter and rules
  adopted by the commission under this subchapter.
         (b)  The fund consists of:
               (1)  money the legislature appropriates for deposit to
  the credit of the fund; and
               (2)  gifts, grants, and donations this state receives
  for the purposes of the fund, including gifts, grants, and
  donations made by other states or through crowdfunding.
         Sec. 411.803.  FUND INTEREST. The comptroller shall deposit
  to the credit of the economic stabilization fund the interest and
  other earnings made on the balance of the border security
  enhancement fund.
         Sec. 411.804.  USE OF FUND. (a)  The department may use
  money in the fund only for:
               (1)  the purposes of preventing:
                     (A)  human trafficking; and
                     (B)  illegal entry into the United States of:
                           (i)  aliens without an appropriate federal
  governmental authority's official approval;
                           (ii)  terrorists;
                           (iii)  instruments of terrorism; and
                           (iv)  contraband, including narcotics and
  other controlled substances; and
               (2)  the following activities:
                     (A)  planning, designing, constructing, and
  maintaining along this state's international border water and
  transportation infrastructure, technology, and commercial vehicle
  inspection infrastructure at ports of entry; and
                     (B)  clearing nonindigenous plants.
         (b)  Using money from the fund, the department shall
  construct a wall along this state's international border to be
  named the "President Donald J. Trump Wall."  The wall must be
  constructed to department specifications and to federal
  specifications as provided in Executive Order 13767 (82 Fed. Reg.
  8793 (January 30, 2017)).
         Sec. 411.805.  CONTRACTS AND AGREEMENTS. The department may
  enter into contracts and agreements as necessary to implement this
  subchapter.
         Sec. 411.806.  CONSULTATION. (a)  The department may not use
  money from the fund to plan, design, construct, or maintain along
  this state's international border water and transportation
  infrastructure, technology, or commercial vehicle inspection
  infrastructure, to clear nonindigenous plants, or to contract with
  a third party to perform those activities, unless the department
  consults with the commissioner of agriculture to coordinate border
  security efforts.
         (b)  The department shall consult with the commissioner of
  agriculture for the acquisition of any land necessary to implement
  this subchapter.
         Sec. 411.807.  TEXAS CONTRACTOR PREFERENCE. (a) If the
  department seeks to contract with a private entity using money from
  the fund, the department must give preference to an entity that:
               (1)  is incorporated or otherwise formed under the laws
  of this state; or
               (2)  has a headquarters or other principal office
  located in this state.
         (b)  A private entity described by Subsection (a) that
  contracts with subcontractors shall give preference to a
  subcontractor that:
               (1)  is incorporated or otherwise formed under the laws
  of this state; or
               (2)  has a headquarters or other principal office
  located in this state.
         Sec. 411.808.  VERIFICATION BY CONTRACTORS. (a) In this
  section, "E-verify program" has the meaning assigned by Section
  673.001.
         (b)  The department may not award a contract under this
  subchapter unless the proposed contractor and any subcontractor
  register with and participate in the E-verify program to verify
  employee information. The contractor and any subcontractor must
  continue to participate in the program during the term of the
  contract.
         (c)  The commission shall adopt procedures for the
  administration of this section.
         Sec. 411.809.  REIMBURSEMENT. (a) The governor shall
  submit to the federal government a request for reimbursement of
  amounts expended from the fund, including any appropriate interest
  and late fees.
         (b)  The comptroller shall deposit to the credit of the
  economic stabilization fund an amount received from the federal
  government as a reimbursement of an amount expended from the border
  security enhancement fund.
         Sec. 411.810.  ADOPTION OF RULES.  The commission shall
  adopt rules necessary to implement this subchapter.
         SECTION 2.  Chapter 12, Agriculture Code, is amended by
  adding Section 12.052 to read as follows:
         Sec. 12.052.  EMINENT DOMAIN. (a) The department may
  exercise the power of eminent domain to acquire:
               (1)  land in fee simple; or
               (2)  any interest less than fee simple in, on, under, or
  above land, including an easement, right-of-way, or right of use of
  airspace or subsurface space.
         (b)  An eminent domain proceeding brought by the department
  is governed by Chapter 21, Property Code, except to the extent
  inconsistent with this section.
         (c)  An eminent domain proceeding begins with the
  commissioner's adoption of a resolution declaring that the
  department's acquisition of the property or interest described in
  the resolution:
               (1)  is a public necessity; and
               (2)  is necessary and proper for the construction,
  extension, improvement, or development of a wall described by
  Section 411.804, Government Code, and is in the public interest.
         (d)  The resolution is conclusive evidence of the public
  necessity of the proposed acquisition and that the real property or
  interest in property is necessary for public use.
         SECTION 3.  (a) In this section, "department" means the
  Department of Public Safety of the State of Texas.
         (b)  The department shall conduct a study on the construction
  of a wall along this state's international border as described by
  Section 411.804, Government Code, as added by this Act. In
  conducting the study, the department shall:
               (1)  estimate the cost for completing an operational
  wall;
               (2)  determine the geographic areas along the border
  most in need of the wall; and
               (3)  calculate the total distance in miles of the
  geographic areas described by Subdivision (2) of this subsection.
         (c)  Not later than December 1, 2024, the department shall
  submit a report of the study conducted under this section to the
  governor, the lieutenant governor, the speaker of the house of
  representatives, and each member of the legislature.
         SECTION 4.  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 September 1, 2023.