Bill Text: TX HB2862 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to border security enhancement projects and the creation of a fund to pay for those projects; allocating the earnings on the balance of that fund and reimbursement of related expenditures.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2021-03-18 - Referred to State Affairs [HB2862 Detail]

Download: Texas-2021-HB2862-Introduced.html
  87R9533 YDB-D
 
  By: Slaton H.B. No. 2862
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to border security enhancement projects and the creation
  of a fund to pay for those projects; allocating the earnings on the
  balance of that fund and reimbursement of related expenditures.
         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 appropriations of money made by the
  legislature for deposit to the credit of the fund.
         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 the following activities for the purposes
  of preventing human trafficking and illegal entry into the United
  States of aliens without official approval of an appropriate
  federal governmental authority, terrorists, instruments of
  terrorism, and contraband, including narcotics and other
  controlled substances:
               (1)  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
               (2)  clearing nonindigenous plants.
         (b)  The department must include as part of the
  transportation infrastructure, technology, and commercial vehicle
  inspection infrastructure at ports of entry along this state's
  international border the construction 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 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 the General Land Office and
  appropriate federal governmental authorities to coordinate border
  security efforts.
         (b)  The department shall consult with the commissioner of
  the General Land Office for the acquisition of any land necessary to
  implement this subchapter.
         Sec. 411.807.  TEXAS CONTRACTOR PREFERENCE. 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.
         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 registers with and
  participates in the E-verify program to verify employee
  information. The contractor 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 make a
  request to the federal government for reimbursement of amounts
  expended from the fund.
         (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.  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, 2021.
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