BILL ANALYSIS

H.B. 5520

By: Gámez

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Economic engines, such as commercial trade and primary dollar industries, along the Texas border have played a vital role in driving the state's growth and prosperity. The border region serves as a gateway for international commerce, contributing significantly to Texas' economy. Despite this economic importance, the bill author has informed the committee that many border communities remain under-resourced and continue to face critical challenges, including a pressing need for greater investment in infrastructure at ports of entry to facilitate trade and improve efficiency, in the judicial system to handle increasing demands, and in law enforcement and public safety to ensure secure and thriving communities. The bill author has further informed the committee that, beyond those core areas, support for higher education institutions, improved communication networks, and access to quality public health services are essential to fostering long-term development and resilience in the region and that continued investment across all of these sectors is key to unlocking the full potential of Texas' border communities and ensuring equitable growth across the state. H.B. 5520 seeks to significantly invest in the border region and enhance public safety by establishing a Border Court Grant Program to support courts facing increased caseloads in the region, providing financial assistance to support public safety initiatives in border communities, and creating a Border Institution Grant Program to support higher education institutions located in the region. The bill also provides for the establishment of the Texas Center for Border Policy to foster research and policy development on border-related issues and the Border Protection Economic Development Initiative to promote economic growth and security in the region.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Office of Court Administration in SECTION 3.01 of this bill, to the office of the governor in SECTION 4.01 of this bill, and to the Texas Higher Education Coordinating Board in SECTION 5.01 of this bill.

ANALYSIS

Border Enhancement Act

H.B. 5520 amends the Government Code and Education Code to set out provisions applicable to the following:

· certain Department of Public Safety (DPS) duties with respect to the Texas-Mexico border;

· a grant program for courts in the border region;

· financial assistance for infrastructure, facilities, equipment, and services in the border region;

· an education grant program and the Texas Center for Border Policy; and

· a border protection economic development initiative.

H.B. 5520, with respect to the bill's provisions regarding the grant programs, financial assistance, and the economic development initiative, defines "border region" by reference as the portion of Texas that is located in a county that is:

· adjacent to an international border;

· adjacent to a county adjacent to an international border; or

· served by a prosecuting attorney whose jurisdiction includes such a described county.

DPS Duties

H.B. 5520 amends the Government Code to require DPS to do the following:

· designate a DPS employee to act as the liaison between DPS and each sector for border operations established by the U.S. Customs and Border Protection;

· avoid duplicative efforts, improve efficacy of deployed resources, and ensure efficient allocation of DPS resources along the Texas-Mexico border; and

· pursue strategies and efforts for securing the Texas-Mexico border that are evidence-based and balance the following priorities:

o enhancing the security of the state;

o providing humanitarian assistance; and

o ensuring robust trade across the Texas-Mexico border.

The bill authorizes DPS to purchase for use at or near the Texas-Mexico border equipment that increases the efficacy and efficiency of inspecting vehicles entering Texas from Mexico, including equipment that uses radiography (X-rays) to inspect vehicles and freight.

Border Court Grant Program

H.B. 5520 requires the Office of Court Administration (OCA), from money appropriated for that purpose, to establish and administer the border court grant program to support the operation of courts in the border region. The bill authorizes OCA, in addition to other funds appropriated by the legislature and for purposes of administering and funding the grant program, to seek and apply for any available federal funds and to solicit and accept gifts, grants, and donations from any other source, public or private, as necessary to ensure resources are available to achieve that purpose. The bill authorizes the use of grants awarded under the program for the reimbursement of costs associated with the operation of a court, including the following:

· the salary of a visiting judge appointed under applicable state law;

· the salary and benefits of an associate judge, court coordinator, court administrator, court reporter, and court interpreter;

· the salary and benefits of district and county clerk staff;

· travel costs and other expenses incurred by court personnel and judges in the performance of their duties;

· the cost of equipment necessary for personnel dedicated to processing and adjudicating cases; or

· fees and related expenses for the appointment of counsel to represent an indigent defendant under Code of Criminal Procedure provisions regarding arraignment or the costs to operate a public defender's office or managed assigned counsel program under those provisions, as those fees and expenses relate to the adjudication of cases in courts in the border region.

H.B. 5520 requires OCA to adopt rules for the administration and operation of the border court grant program and to do the following in adopting those rules:

· conduct a study of the data collected for this purpose or otherwise available on crime, arrests, detentions, and convictions to identify offenses for which prosecutions have increased as a result of Operation Lone Star; and

· solicit from governmental officials, community leaders, and other interested persons in the border region information necessary to identify the courts of the region needing financial assistance.

The rules must include the following:

· administrative provisions for border court program grants awarded under the bill's provisions, including the following:

o eligibility criteria for grant applicants, including criteria to limit eligibility to those applicants experiencing an increase in caseloads;

o grant application procedures;

o guidelines relating to grant amounts;

o procedures for evaluating grant applications; and

o procedures for monitoring the use of grants;

· methods for tracking the effectiveness of grants and the efficiency of the applicants receiving grants; and

· procedures for reporting caseload data at least annually, including caseload data necessary to update the requisite study of data collected in adopting the rules.

H.B. 5520 caps the amount of a grant awarded under the applicable bill provision at the amount set by the General Appropriations Act and requires the recipient of a grant awarded under these bill provisions to submit to OCA an annual report on the grant money spent during the year covered by the report and the purposes for which that money was spent. The bill requires OCA to annually update the study conducted by OCA under the bill's provisions using caseload data required to be reported under the rules adopted under the bill's provisions. Unless otherwise provided by the appropriation, in each state fiscal year, the office may use a reasonable amount, capped at five percent, of any general revenue appropriated for purposes of the grant program for that state fiscal year to pay the costs of administering the grant program.

H.B. 5520 requires OCA, as soon as practicable after the bill's effective date, to adopt rules as necessary to implement the bill's provisions relating to the border court grant program and to establish the grant program.

Use of Funds for Border Protection and Public Safety

H.B. 5520 defines "office" for purposes of the following provisions as the trusteed programs within the office of the governor and requires such office, from money appropriated for that purpose and as authorized by the Texas Disaster Act of 1975 including provisions of that act relating to finance, to make funds available to state agencies, municipalities, and counties for the following purposes:

· the construction and maintenance of facilities related to prosecuting and adjudicating offenses committed in the border region, including court facilities, processing facilities, detention facilities for persons who are 10 years of age or older, regardless of gender, criminal justice centers, and other similar facilities;

· the payment of staff salaries and benefits and the payment of operational expenses related to providing law enforcement services;

· the purchase or maintenance of equipment related to providing public health and safety services in the border region, including law enforcement services, communication services, and emergency services, to enhance safety and security;

· the construction and maintenance of border security infrastructure, including drive-through mobile cargo scanners that use radiography (X-rays) to inspect vehicles and freight, 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;

· 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; and

· the construction or improvement of roadways, sea ports, airports, and similar transportation facilities in the border region.

The bill authorizes such office, in addition to funds appropriated by the legislature and for purposes of the bill's provisions relating to the use of funds for border protection and public safety, to seek and apply for any available federal funds and to solicit and accept gifts, grants, and donations from any other source, public or private.

H.B. 5520 requires the recipient of funds for a purpose described by these bill provisions regarding the authorized use of certain funds to submit to such office reports on an interval prescribed by that office regarding the use of the funds and any other issue related to the funds as determined by that office. The bill establishes that funds received by a state agency for such a purpose are considered border security funding for purposes of reporting requirements in the General Appropriations Act. Unless otherwise provided by the appropriation, the division may use a reasonable amount, capped at five percent, of any general revenue appropriated for purposes of these bill provisions to pay the costs of administering these provisions.

H.B. 5520 authorizes such office to adopt rules to administer these provisions and requires the office of the governor to adopt rules as necessary to implement these provisions as soon a practicable after the bill's effective date.

Border Institution Grant Program

H.B. 5520 amends the Education Code to require the Texas Higher Education Coordinating Board (THECB), subject to the availability of funds, to establish a border institution grant program under which the THECB awards financial assistance to public institutions of higher education located in the border region that administer innovative programs designed to do the following:

· recruit, train, retain, or otherwise increase the number of professionals in fields related to border safety or affected by ongoing criminal activity and public health threats to the border region, as determined by THECB rule, including by providing a salary increase or stipend to a faculty member who provides instruction to additional students in a degree or certificate program that graduates those professionals; and

· conduct research in areas of study related to border safety or the effects of ongoing criminal activity and public health threats to the border region.

The bill authorizes the THECB, in addition to other funds appropriated by the legislature and for those purposes, to seek and apply for any available federal funds and to solicit and accept gifts, grants, and donations from any other source, public or private, as necessary to ensure effective implementation of the grant program established under these provisions.

H.B. 5520 requires the THECB to adopt rules for the administration of the border institution grant program and, in adopting those rules, to solicit, from border region officials, community leaders in the border region, and other stakeholders, information necessary to identify innovative programs anticipated to produce the best outcomes and serve the greatest need. The bill requires those rules to include the following:

· administrative provisions for grants awarded under these bill provisions, including the following:

o eligibility criteria for institutions of higher education, including a requirement that the institution demonstrate regional and state workforce need;

o grant application procedures;

o guidelines relating to grant amounts;

o procedures for evaluating grant applications; and

o procedures for monitoring the use of grants; and

· methods for tracking the effectiveness of grants that do the following:

o using data reasonably available to the THECB, consider relevant information regarding the career paths of professionals described by these bill provisions during the four-year period following their graduation; and

o evaluate whether and for how long those professionals practice in such a field in Texas.

H.B. 5520 requires the THECB, in awarding grants under these bill provisions, to give priority to applicants who propose to take the following actions:

· enhance or leverage existing degree programs that graduate professionals described by the bill;

· establish or maintain a program that serves a rural or underserved area;

· partner with another institution of higher education to develop a joint program;

· establish or maintain a program that incentivizes professionals described by these bill provisions to serve in their field or a related field of study for at least three consecutive years following graduation; and

· establish or maintain a degree or certificate program to educate professionals in specialties that face significant workforce shortages, including those described by these bill provisions.

The bill prohibits the amount of a grant awarded under the program from exceeding an amount specified in the General Appropriations Act and requires an institution of higher education that receives a grant to submit to the THECB an annual report on the amounts and purposes for which grant money was spent during the year covered by the report. Unless otherwise provided by the appropriation, in each state fiscal year, the THECB may use a reasonable amount, capped at five percent, of any general revenue appropriated for purposes of these bill provisions for that state fiscal year to pay the costs of administering the grant program.

H.B. 5520 requires the THECB to do the following:

· adopt rules for the implementation and administration of the border institution grant program as soon as practicable after the bill's effective date;

· establish the grant program not later than September 1, 2026; and

· begin to award grants under the program as soon as practicable after the program is established.

Texas Center for Border Policy

H.B. 5520 requires the board of regents of The University of Texas System to establish and maintain the Texas Center for Border Policy as a joint partnership of The University of Texas at El Paso and The University of Texas Rio Grande Valley and vests the organization, control, and management of the center in the board. The bill provides the following with respect to the center:

· requires the center to be located in facilities determined appropriate by the board;

· authorizes the board to employ personnel for the center as necessary;

· authorizes the board to make joint appointments of personnel to the center and to either or both The University of Texas at El Paso or The University of Texas Rio Grande Valley;

· requires the salary of a person receiving a joint appointment to be apportioned on the basis of services rendered;

· requires The University of Texas at El Paso and The University of Texas Rio Grande Valley to encourage public and private entities to participate in or support the operation of the center;

· authorizes The University of Texas at El Paso and The University of Texas Rio Grande Valley to jointly enter into an agreement with any entity for that purpose; and

· authorizes such an agreement to allow the center to provide information, services, or other assistance to an entity in exchange for the entity's participation or support.

H.B. 5520 requires the center, subject to the availability of funds, to do the following:

· perform a comprehensive initial assessment of the state's policies with respect to the Texas-Mexico border;

· develop appropriate performance metrics to measure the efficacy and efficiency of the state's policies with respect to the Texas-Mexico border, including the effect of those policies on security and economic growth;

· conduct research on improving the state's policies with respect to the Texas-Mexico border;

· develop recommendations for enhancing the state's security and opportunities for economic growth through policies related to the Texas-Mexico border;

· develop and maintain a website that provides information on the activities of the center, including any reports and recommendations issued; and

· cooperate fully with similar programs operated by other institutions of higher education.

The bill authorizes the board to solicit and accept gifts, grants, and donations from any source to aid in the establishment, maintenance, and operation of the center. The bill requires the center, not later than December 1 of each even-numbered year, to submit to the legislature a report on the center's activities and research for the two-year period preceding the date of submission and requires the report to include any recommendations developed under these provisions.

Border Protection Economic Development Initiative

H.B. 5520 amends the Government Code to require the Texas Economic Development and Tourism Office (TEDTO), in consultation with stakeholders in the border region, to develop and execute a campaign to do the following:

· attract domestic and foreign entities to:

o locate the headquarters of those entities in the border region; or

o expand the entities' operations to the border region;

· support and promote tourism in the border region; and

· support institutions and initiatives in the border region that create an environment conducive to starting or operating a company whose primary business is providing homeland security technology or services.

The bill authorizes TEDTO to coordinate with and assist any municipality, county, or other political subdivision in supporting or promoting those purposes.

H.B. 5520 requires TEDTO, in developing and executing the campaign, to identify and research particular companies and types of companies with a high potential of commercial success if the companies were to operate in the border region. The bill requires TEDTO, for each identified company, to develop and execute a campaign to attract the company to locate its headquarters or expand operations into the border region and, for each identified type of company, to create programs for supporting the formation of new companies in the border region of that type, excluding direct financial incentives to the company.

H.B. 5520 requires TEDTO, in addition to funds appropriated, credited, or transferred by the legislature for the purposes of these provisions, to seek and apply for any available federal funds and to solicit and accept gifts, grants, and donations from any other source, public or private, as necessary to ensure effective implementation of these bill provisions. The bill requires TEDTO, not later than December 31 of each year, to report to the legislature on TEDTO's activities under these provisions. Unless otherwise provided by the appropriation, TEDTO may use a reasonable amount, capped at five percent, of any general revenue appropriated for the purposes of these provisions to administer these provisions.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.