By: Gámez H.B. No. 5520

A BILL TO BE ENTITLED

AN ACT

relating to border protection and economic development services, programs, and other measures, including establishing an educational center and programs.

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

ARTICLE 1. SHORT TITLE

SECTION 1.01. This Act may be cited as the Border Enhancement Act.

ARTICLE 2. DEPARTMENT OF PUBLIC SAFETY DUTIES

SECTION 2.01. Subchapter A, Chapter 411, Government Code, is amended by adding Sections 411.02091 and 411.02092 to read as follows:

Sec. 411.02091. BORDER SECURITY LIAISON. (a) The department shall designate a department employee to act as the liaison between the department and each sector for border operations established by the United States Customs and Border Protection.

(b) The department shall avoid duplicative efforts, improve efficacy of deployed resources, and ensure efficient allocation of department resources along the Texas-Mexico border.

Sec. 411.02092. BORDER SECURITY PRIORITIES AND EQUIPMENT.

(a) The department shall pursue strategies and efforts for securing the Texas-Mexico border that are evidence-based and balance the following priorities of enhancing the security of this state, providing humanitarian assistance, and ensuring robust trade across the Texas-Mexico border.

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

ARTICLE 3. GRANT PROGRAM FOR COURTS IN THE BORDER REGION

SECTION 3.01. Chapter 72, Government Code, is amended by adding Subchapter H to read as follows:

SUBCHAPTER H. BORDER COURT GRANT PROGRAM

Sec. 72.201. DEFINITION. In this subchapter, "border region" has the meaning assigned by Section 772.0071.

Sec. 72.202. GRANT PROGRAM. (a) From money appropriated for that purpose, the office shall establish and administer a grant program to support the operation of courts in the border region.

(b) In addition to other funds appropriated by the legislature and for purposes of administering and funding the grant program, 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, as necessary to ensure resources are available to achieve the purpose described by Subsection (a).

(c) The grants awarded under this subchapter may be used for the reimbursement of costs associated with the operation of a court, including the:

(1) salary of a visiting judge appointed under Chapter 74;

(2) salary and benefits of an associate judge, court coordinator, court administrator, court reporter, and court interpreter;

(3) salary and benefits of district and county clerk staff;

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

(5) cost of equipment necessary for personnel dedicated to processing and adjudicating cases; or

(6) fees and related expenses for the appointment of counsel to represent an indigent defendant under Chapter 26, Code of Criminal Procedure, or the costs to operate a public defender's office or managed assigned counsel program under that chapter, as those fees and expenses relate to the adjudication of cases in courts in the border region.

Sec. 72.203. RULES. (a) The office shall adopt rules for the administration and operation of the grant program established under this subchapter.

(b) In adopting the rules, the office shall:

(1) 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

(2) 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.

(c) The rules must include:

(1) administrative provisions for grants awarded under this subchapter, including:

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

(B) grant application procedures;

(C) guidelines relating to grant amounts;

(D) procedures for evaluating grant applications; and

(E) procedures for monitoring the use of grants;

(2) methods for tracking the effectiveness of grants and the efficiency of the applicants receiving grants; and

(3) procedures for reporting caseload data at least annually, including caseload data necessary to update the study described by Section 72.2055.

Sec. 72.204. GRANT AMOUNTS. The amount of a grant awarded under this section may not exceed the amount set by the General Appropriations Act.

Sec. 72.205. REPORTING REQUIREMENTS FOR GRANT RECIPIENTS. The recipient of a grant awarded under this subchapter shall submit to the office an annual report on the grant money spent during the year covered by the report and the purposes for which that money was spent.

Sec. 72.2055. ANNUAL REPORT BY OFFICE. Annually, the office shall update the study conducted under Section 72.203(b)(1) using caseload data required to be reported under the rules adopted under Section 72.203(c).

Sec. 72.206. ADMINISTRATIVE COSTS. Unless otherwise provided by the appropriation, in each state fiscal year, the office may use a reasonable amount, not to exceed five percent, of any general revenue appropriated for purposes of this subchapter for that state fiscal year to pay the costs of administering the grant program.

SECTION 4.02. As soon as practicable after the effective date of this Act, the Office of Court Administration of the Texas Judicial System shall with respect to Subchapter H, Chapter 72, Government Code, as added by this Act:

(1) adopt rules as necessary to implement the subchapter; and

(2) establish the grant program required by the subchapter.

ARTICLE 4. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,

EQUIPMENT, AND SERVICES IN THE BORDER REGION

SECTION 4.01. 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 for persons who are 10 years of age or older, regardless of gender, criminal justice centers, and other similar facilities;

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

(3) 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;

(4) 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;

(5) 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

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

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.

SECTION 4.02. As soon as practicable after the effective date of this Act, the office of the governor shall adopt rules as necessary to implement Subchapter G, Chapter 421, Government Code, as added by this Act.

ARTICLE 5. EDUCATION GRANT PROGRAM AND ESTABLISHMENT OF TEXAS

CENTER FOR BORDER POLICY

SECTION 5.01. Chapter 61, Education Code, is amended by adding Subchapter D-1 to read as follows:

SUBCHAPTER D-1. BORDER INSTITUTION GRANT PROGRAM

Sec. 61.101. BORDER INSTITUTION GRANT PROGRAM. (a) In this subchapter, "border region" has the meaning assigned by Section 772.0071, Government Code.

(b) Subject to the availability of funds, the board shall establish a border institution grant program under which the board awards financial assistance to institutions of higher education located in the border region that administer innovative programs designed to:

(1) 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 board 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

(2) 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.

Sec. 61.102. FEDERAL FUNDS AND GIFTS, GRANTS, AND DONATIONS. In addition to other funds appropriated by the legislature and for the purposes described by Section 61.101, the board 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, as necessary to ensure effective implementation of the grant program established under this subchapter.

Sec. 61.103. RULES. (a) The board shall adopt rules for the administration of the grant program established under this subchapter. In adopting the rules, the board shall 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.

(b) The rules must include:

(1) administrative provisions for grants awarded under this subchapter, including:

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

(B) grant application procedures;

(C) guidelines relating to grant amounts;

(D) procedures for evaluating grant applications; and

(E) procedures for monitoring the use of grants; and

(2) methods for tracking the effectiveness of grants that:

(A) using data reasonably available to the board, consider relevant information regarding the career paths of professionals described by Section 61.101 during the four-year period following their graduation; and

(B) evaluate whether and for how long those professionals practice in a field described by Section 61.101 in this state.

Sec. 61.104. AWARD OF GRANTS. In awarding grants under this subchapter, the board shall give priority to applicants that propose to:

(1) enhance or leverage existing degree programs that graduate professionals described by Section 61.101;

(2) establish or maintain a program that serves a rural or underserved area;

(3) partner with another institution of higher education to develop a joint program;

(4) establish or maintain a program that incentivizes professionals described by Section 61.101 to serve in their field or a related field of study for at least three consecutive years following graduation; and

(5) establish or maintain a degree or certificate program to educate professionals in specialties that face significant workforce shortages, including those described by Section 61.101.

Sec. 61.105. GRANT AMOUNTS. The amount of a grant awarded under this subchapter may not exceed an amount specified in the General Appropriations Act.

Sec. 61.106. REPORTING REQUIREMENTS. An institution of higher education that receives a grant awarded under this subchapter shall submit to the board an annual report on the amounts and purposes for which grant money was spent during the year covered by the report.

Sec. 61.107. ADMINISTRATIVE COSTS. Unless otherwise provided by the appropriation, in each state fiscal year, the board may use a reasonable amount, not to exceed five percent, of any general revenue appropriated for purposes of this subchapter for that state fiscal year to pay the costs of administering this subchapter.

SECTION 5.02. Chapter 75, Education Code, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. TEXAS CENTER FOR BORDER POLICY

Sec. 75.401. DEFINITIONS. In this subchapter:

(1) "Board" means the board of regents of The University of Texas System.

(2) "Center" means the Texas Center for Border Policy.

Sec. 75.402. ESTABLISHMENT. The board shall 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.

Sec. 75.403. OPERATION AND MANAGEMENT. (a) The organization, control, and management of the center are vested in the board.

(b) The center shall be located in facilities determined appropriate by the board.

(c) The board may employ personnel for the center as necessary. The board may 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. The salary of a person receiving a joint appointment shall be apportioned on the basis of services rendered.

Sec. 75.404. AGREEMENTS WITH OTHER ENTITIES. The University of Texas at El Paso and The University of Texas Rio Grande Valley shall encourage public and private entities to participate in or support the operation of the center and jointly may enter into an agreement with any entity for that purpose. An agreement may allow the center to provide information, services, or other assistance to an entity in exchange for the entity's participation or support.

Sec. 75.405. POWERS AND DUTIES. Subject to the availability of funds, the center shall:

(1) perform a comprehensive initial assessment of this state's policies with respect to the Texas-Mexico border;

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

(3) conduct research on improving this state's policies with respect to the Texas-Mexico border;

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

(5) develop and maintain an Internet website that provides information on the activities of the center, including any reports and recommendations issued; and

(6) cooperate fully with similar programs operated by other institutions of higher education.

Sec. 75.406. GIFTS, GRANTS, AND DONATIONS. The board may solicit and accept gifts, grants, and donations from any source to aid in the establishment, maintenance, and operation of the center.

Sec. 75.407. REPORTING. Not later than December 1 of each even-numbered year, the center shall submit to the legislature a report on the center's activities and research for the two-year period preceding the date of submission. The report must include any recommendations developed under Section 75.405(4).

SECTION 5.03. (a) As soon as practicable after the effective date of this Act, the Texas Higher Education Coordinating Board shall adopt rules for the implementation and administration of the border institution grant program established under Subchapter D-1, Chapter 61, Education Code, as added by this Act.

(b) Not later than September 1, 2026, the Texas Higher Education Coordinating Board shall establish the border institution grant program required by Subchapter D-1, Chapter 61, Education Code, as added by this Act, and shall begin to award grants under the program as soon as practicable after the program is established.

ARTICLE 6. ECONOMIC DEVELOPMENT INITIATIVE

SECTION 6.01. Chapter 481, Government Code, is amended by adding Subchapter Q to read as follows:

SUBCHAPTER Q. BORDER PROTECTION ECONOMIC DEVELOPMENT INITIATIVE

Sec. 481.241. DEFINITION. In this subchapter, "border region" has the meaning assigned by Section 772.0071.

Sec. 481.242. CAMPAIGN FOR BUSINESSES AND TOURISM. (a) In consultation with stakeholders in the border region, the office shall develop and execute a campaign to:

(1) attract domestic and foreign entities to:

(A) locate the headquarters of those entities in the border region; or

(B) expand the entities' operations to the border region;

(2) support and promote tourism in the border region; and

(3) 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.

(b) The office may coordinate with and assist any municipality, county, or other political subdivision in supporting or promoting the purposes described by Subsection (a).

Sec. 481.243. TARGETED RESEARCH AND OUTREACH; SUPPORTIVE PROGRAMS. (a) In developing and executing the campaign described by Section 481.242, the office shall 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.

(b) For each company identified under Subsection (a), the office shall develop and execute a campaign to attract the company to locate its headquarters or expand operations into the border region.

(c) For a type of company identified under Subsection (a), the office shall create programs for supporting the formation of new companies in the border region of that type, excluding direct financial incentives to the company.

Sec. 481.244. GIFTS, GRANTS, AND DONATIONS. In addition to funds appropriated, credited, or transferred by the legislature for the purposes of this subchapter, the office shall:

(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, as necessary to ensure effective implementation of this subchapter.

Sec. 481.245. ANNUAL REPORT. Not later than December 31 of each year, the office shall report to the legislature on the activities of the office under this subchapter.

Sec. 481.246. ADMINISTRATIVE COSTS. Unless otherwise provided by the appropriation, the office may use a reasonable amount, not to exceed five percent, of any general revenue appropriated for the purposes of this subchapter to administer this subchapter.

ARTICLE 7. EFFECTIVE DATE

SECTION 7.01. 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, 2025.