Bill Text: TX SB1270 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the allocation and use of certain border security funding to secure Gulf of Mexico ports.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-13 - Referred to Finance [SB1270 Detail]
Download: Texas-2017-SB1270-Introduced.html
85R10143 KLA-D | ||
By: Miles | S.B. No. 1270 |
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relating to the allocation and use of certain border security | ||
funding to secure Gulf of Mexico ports. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 411, Government Code, is | ||
amended by adding Section 411.0133 to read as follows: | ||
Sec. 411.0133. ALLOCATION OF APPROPRIATIONS FOR BORDER | ||
SECURITY. (a) In this section: | ||
(1) "Border security appropriation" means an amount of | ||
money appropriated or transferred in a General Appropriations Act | ||
or another act of the legislature for the purpose of the Texas | ||
Border Security Initiative or to otherwise secure the borders of | ||
this state. | ||
(2) "Gulf of Mexico port" means a port in this state | ||
located on the Gulf of Mexico or on a bay, inlet, or other waterway | ||
opening into the Gulf of Mexico. | ||
(b) Notwithstanding any geographic limitation or limitation | ||
on covered activities specified by a definition of "border | ||
security" provided in a General Appropriations Act or another act | ||
of the legislature that applies to a border security appropriation, | ||
the term as used in any of those acts includes projects designed for | ||
the purpose of securing Gulf of Mexico ports. | ||
(c) Subject to Subsection (d) and except as provided by | ||
Subsection (e), the department shall allocate 10 percent of each | ||
border security appropriation made to the department to, through | ||
the award of grants under Subchapter P, addressing the security | ||
needs and maintaining the security of Gulf of Mexico ports to | ||
protect this state from acts of terrorism, illegal drug smuggling | ||
activities, human trafficking, and similar acts that would threaten | ||
this state's security and could be effected through this state's | ||
border with the Gulf of Mexico. | ||
(d) If a provision of a General Appropriations Act or | ||
another act of the legislature allocates a percentage or an amount | ||
of a border security appropriation made to the department to the | ||
grant program under Subchapter P and the amount resulting from that | ||
provision exceeds the amount that would result from the percentage | ||
specified by Subsection (c) to be allocated to that purpose, the | ||
department shall allocate the greater amount to that purpose. | ||
(e) The department is not required under Subsection (c) to | ||
allocate any amount of the total amount of border security | ||
appropriations made to the department in a General Appropriations | ||
Act or another act of the legislature to the purpose specified by | ||
that subsection if: | ||
(1) the act makes a separate appropriation to the | ||
department for the grant program under Subchapter P; and | ||
(2) the amount of that separate appropriation is equal | ||
to or greater than 10 percent of the sum of that separate | ||
appropriation and all other border security appropriations made to | ||
the department in the act. | ||
SECTION 2. Chapter 411, Government Code, is amended by | ||
adding Subchapter P to read as follows: | ||
SUBCHAPTER P. GULF OF MEXICO PORT SECURITY GRANT PROGRAM | ||
Sec. 411.441. DEFINITIONS. In this subchapter: | ||
(1) "Border security appropriation amount" means the | ||
amount of money appropriated or allocated under Section 411.0133 to | ||
the department for a state fiscal biennium for the grant program | ||
under this subchapter. | ||
(2) "Gulf of Mexico port" has the meaning assigned by | ||
Section 411.0133. | ||
Sec. 411.442. GRANT PROGRAM TO FUND PORT SECURITY PROJECTS. | ||
(a) The commission by rule shall develop and the department shall | ||
implement a grant program to provide funding to address the | ||
security needs and maintain the security of Gulf of Mexico ports for | ||
the purpose of protecting this state from acts of terrorism, | ||
illegal drug smuggling activities, human trafficking, and similar | ||
acts that would threaten this state's security and could be | ||
effected through this state's border with the Gulf of Mexico. | ||
(b) The department shall use the border security | ||
appropriation amount for a state fiscal biennium to provide grants | ||
under the program during that biennium. | ||
(c) The rules adopted under Subsection (a) must provide a | ||
process by which a Gulf of Mexico port may apply for a grant. | ||
Sec. 411.443. ELIGIBILITY FOR GRANT. To be eligible for a | ||
grant under this subchapter, a Gulf of Mexico port must: | ||
(1) submit an application to the department in | ||
accordance with commission rules; | ||
(2) specify in the application each security project | ||
to be funded with the grant money and demonstrate the need for the | ||
project; | ||
(3) demonstrate in the manner required by the | ||
department that the port is able to provide as local matching money | ||
other money available to the port in an amount at least equal to | ||
33.33 percent of the requested amount of the grant; | ||
(4) agree to use the local matching money described by | ||
Subdivision (3) in addition to the grant money for the security | ||
projects specified in the application; and | ||
(5) comply with any other requirements specified by | ||
commission rules. | ||
Sec. 411.444. MAXIMUM AMOUNT OF GRANT. (a) In this section, | ||
"annual cargo volume proportion" means the proportion a Gulf of | ||
Mexico port's annual cargo volume, measured by tonnage, for a year | ||
bears to the total annual cargo volume, measured by tonnage, of all | ||
Gulf of Mexico ports for the same year. | ||
(b) The maximum amount of a grant the department may award | ||
to a Gulf of Mexico port for a state fiscal biennium is an amount | ||
equal to a proportionate share of the border security appropriation | ||
amount for that biennium equal to that port's annual cargo volume | ||
proportion for the year preceding the year in which the port applies | ||
for the grant. | ||
Sec. 411.445. EVALUATION OF FUNDED PORT SECURITY PROJECTS. | ||
(a) The department shall evaluate and document the effectiveness | ||
of each port security project funded with a grant under this | ||
subchapter in maintaining or increasing the security of this state. | ||
The commission by rule shall establish the criteria for purposes of | ||
making the required evaluations. | ||
(b) A Gulf of Mexico port to which a grant is awarded under | ||
this subchapter shall collect, maintain, and report relevant data | ||
as required by the department for purposes of an evaluation | ||
required by this section. | ||
SECTION 3. Section 411.0133, Government Code, as added by | ||
this Act, applies to an appropriation or transfer of money to the | ||
Department of Public Safety for the purpose of securing the borders | ||
of this state made in an act of the legislature that takes effect | ||
after the effective date of this Act. | ||
SECTION 4. The Public Safety Commission shall adopt the | ||
rules required by Subchapter P, Chapter 411, Government Code, as | ||
added by this Act, not later than January 1, 2018. | ||
SECTION 5. This Act takes effect September 1, 2017. |