Bill Text: TX HB4306 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to border security infrastructure 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; including a study on water retention infrastructure near the border.
Spectrum: Strong Partisan Bill (Republican 31-2)
Status: (Engrossed - Dead) 2019-05-21 - Considered in public hearing [HB4306 Detail]
Download: Texas-2019-HB4306-Comm_Sub.html
Bill Title: Relating to border security infrastructure 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; including a study on water retention infrastructure near the border.
Spectrum: Strong Partisan Bill (Republican 31-2)
Status: (Engrossed - Dead) 2019-05-21 - Considered in public hearing [HB4306 Detail]
Download: Texas-2019-HB4306-Comm_Sub.html
86R23365 BRG-F | |||
By: Biedermann, Nevárez, Cain, Miller, Murr, | H.B. No. 4306 | ||
et al. | |||
Substitute the following for H.B. No. 4306: | |||
By: Harless | C.S.H.B. No. 4306 |
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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 421, Government Code, is amended by | ||
adding Subchapter G to read as follows: | ||
SUBCHAPTER G. BORDER SECURITY ENHANCEMENT | ||
Sec. 421.101. DEFINITION. In this subchapter, "fund" means | ||
the border security enhancement fund. | ||
Sec. 421.102. 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 | ||
governor under this subchapter and rules adopted by the governor | ||
under this subchapter. | ||
(b) The fund consists of appropriations of money made by the | ||
legislature for deposit to the credit of the fund. | ||
Sec. 421.103. FUND INTEREST. The comptroller shall deposit | ||
to the credit of the foundation school fund interest and other | ||
earnings made on the balance of the border security enhancement | ||
fund. | ||
Sec. 421.104. USE OF FUND. The governor 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, or 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. | ||
Sec. 421.105. POWERS OF GOVERNOR. The governor may: | ||
(1) enter into contracts and agreements as necessary | ||
to carry out this subchapter; and | ||
(2) waive legal requirements as necessary to ensure | ||
expeditious: | ||
(A) design, testing, construction, installation, | ||
deployment, operation, and maintenance of water and transportation | ||
infrastructure, technology, and commercial vehicle inspection | ||
infrastructure under this subchapter; and | ||
(B) clearing of nonindigenous plants under this | ||
subchapter. | ||
Sec. 421.106. CONSULTATION. The governor 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 governor | ||
consults with the commissioner of the General Land Office and | ||
appropriate federal governmental authorities to coordinate border | ||
security efforts. | ||
Sec. 421.107. TEXAS CONTRACTOR PREFERENCE. If the governor | ||
seeks to contract with a private entity using money from the fund, | ||
the governor 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. 421.108. VERIFICATION BY CONTRACTORS. (a) In this | ||
section, "E-verify program" has the meaning assigned by Section | ||
673.001. | ||
(b) The governor 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 governor shall adopt procedures for the | ||
administration of this section. | ||
Sec. 421.109. REIMBURSEMENT. (a) The governor shall make a | ||
request to the federal government for reimbursement of the amounts | ||
expended from the fund. | ||
(b) The comptroller shall deposit to the credit of the | ||
foundation school fund an amount received from the federal | ||
government as a reimbursement of an amount expended from the border | ||
security enhancement fund. | ||
Sec. 421.110. The governor shall adopt rules necessary to | ||
carry out this subchapter. | ||
SECTION 2. (a) The governor shall develop and implement a | ||
pilot program under this section in one or more of the following: | ||
(1) a county located on an international border with a | ||
population of more than 54,000 but not more than 55,000; and | ||
(2) a county located on an international border with a | ||
population of more than 240,000 but not more than 252,000. | ||
(b) The governor shall begin the implementation of the pilot | ||
program not later than November 1, 2019. | ||
(c) In developing and implementing the pilot program, the | ||
governor shall consult with local officials, local law enforcement, | ||
the Department of Public Safety, and United States Customs and | ||
Border Protection. The pilot program must be designed to: | ||
(1) create a communication portal for all law | ||
enforcement entities in counties in which the pilot program is | ||
implemented to share information, video feeds, radio feeds, and | ||
other technological information that would further the purposes of | ||
Subchapter G, Chapter 421, Government Code, as added by this Act; | ||
(2) evaluate the benefits of infrastructure | ||
improvements on main roads that run parallel to this state's | ||
international border in counties in which the pilot program is | ||
implemented; and | ||
(3) study the effects of clearing at least 20 percent | ||
but not more than 30 percent of brush or invasive plant species on | ||
land located along this state's international border in counties in | ||
which the pilot program is implemented. | ||
(d) The governor shall identify the strategies implemented | ||
in the pilot program that are successful in furthering the purposes | ||
of Subchapter G, Chapter 421, Government Code, as added by this Act. | ||
The governor shall: | ||
(1) prepare a plan for implementing the identified | ||
strategies in all other areas along this state's international | ||
border; and | ||
(2) submit the plan to the legislature not later than | ||
January 1, 2021. | ||
SECTION 3. 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, 2019. |