Bill Text: TX HB126 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to impeding illegal entry into Texas by providing more funding for the construction, operation, and maintenance of border barrier infrastructure.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2023-10-11 - Filed [HB126 Detail]
Download: Texas-2023-HB126-Introduced.html
By: Guillen | H.B. No. 126 |
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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. |