Bill Text: TX HB28 | 2021 | 87th Legislature 3rd Special Session | Introduced

Texas House Bill 28 (Prior Session Legislation)

Introduced

Bill Title: Relating to border security enhancement projects, 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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2021-09-09 - Filed [HB28 Detail]

Download: Texas-2021-HB28-Introduced.html



	By: Slaton	H.B. No. 28



	A BILL TO BE ENTITLED
	AN ACT
	relating to border security enhancement projects, 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 outside the general revenue fund to be administered by the
	department under this subchapter and rules adopted by the
	commission under this subchapter.
	(b) The fund consists of:
	(1) appropriations of money made by the legislature
	for deposit to the credit of the fund; and
	(2) gifts, grants, and donations received by this
	state for the purposes of the fund, including gifts, grants, and
	donations made by other states or through a publicly accessible
	Internet website created and maintained by the department.
	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 to prevent human trafficking and the illegal entry
	into the United States of aliens without an appropriate federal
	governmental authority's official approval, terrorists,
	instruments of terrorism, and contraband, including narcotics and
	other controlled substances, provided that use is only for:
	(1) planning, designing, constructing, and
	maintaining:
	(A) technology and water and transportation
	infrastructure along this state's international border; and
	(B) commercial vehicle inspection infrastructure
	at ports of entry on the border; and
	(2) clearing nonindigenous plants.
	(b) The department must include as part of the technology
	and transportation infrastructure along this state's international
	border and commercial vehicle inspection infrastructure at ports of
	entry on the border the construction to department specifications
	and to federal specifications for similar infrastructure of a wall
	to be named the "President Donald J. Trump Wall."
	Sec. 411.805. CONTRACTS AND AGREEMENTS. The department may
	enter into any contract or agreement necessary to implement this
	subchapter.
	Sec. 411.806. CONSULTATION. (a) The department may not use
	money from the fund to perform the activities described by Sections
	411.804(a)(1) or (2) 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 a request to the federal government 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 the 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, 2022, 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 on the 91st day after the last day of the
	legislative session.