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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Texas-Mexico Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 490B, Government Code, is |
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amended to read as follows: |
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CHAPTER 490B. TEXAS-MEXICO [STRATEGIC INVESTMENT] COMMISSION |
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SECTION 2. Sections 490B.001, 490B.002, and 490B.003, |
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Government Code, are amended to read as follows: |
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Sec. 490B.001. DEFINITIONS. In this chapter: |
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(1) "Advisory committee" means the border inspection, |
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trade, and transportation advisory committee established under |
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Section 490B.009. |
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(2) "Commission" means the Texas-Mexico [Strategic
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Investment] Commission. |
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(3) "Director" means the border affairs director. |
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(4) "Interagency work group" means the interagency |
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work group on border issues established under Section 490B.008. |
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(5) [(2)] "Texas-Mexico border region" has the |
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meaning assigned by Section 2056.002. |
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Sec. 490B.002. PURPOSE. The ongoing economic stability and |
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growth of Texas and the improved quality of life for all Texans are |
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dependent in part on coordination with neighboring states. Texas |
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and the Mexican border states of Chihuahua, Coahuila, Nuevo Leon, |
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and Tamaulipas face common challenges in the areas of |
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infrastructure, health care, access to and availability of water, |
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economic development and trade, security and public safety, and |
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environmental protection. The commission will encourage a |
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collaborative approach between Texas and neighboring Mexican |
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states in specific areas so as to better address challenges and plan |
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for the future. |
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Sec. 490B.003. TEXAS-MEXICO [STRATEGIC INVESTMENT] |
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COMMISSION; MEMBERS. (a) The Texas-Mexico [Strategic Investment] |
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Commission is established. |
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(b) The commission is composed of: |
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(1) the director [border commerce coordinator] or the |
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director's [a] designee; |
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(2) the secretary of state [executive director of the
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Texas Department of Transportation] or the secretary's [a] |
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designee; |
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(3) one member appointed by the governor; |
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(4) one member appointed by the lieutenant governor; |
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and |
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(5) one member appointed by the speaker of the house of |
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representatives [the executive administrator of the Texas Water
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Development Board or a designee;
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[(4) the commissioner of state health services or a
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designee;
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[(5) the chair of the Railroad Commission or a designee;
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and
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[(6) the executive director of the Texas Commission on
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Environmental Quality or a designee]. |
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(c) The secretary of state or the secretary's designee |
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[border commerce coordinator] shall serve as the chair of the |
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commission. |
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(d) To be eligible for appointment to the commission by the |
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governor, lieutenant governor, or speaker of the house of |
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representatives, a person must have resided in a county that |
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borders the United Mexican States for the three years immediately |
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preceding the date on which the person's term will begin. |
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SECTION 3. Section 490B.004, Government Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (e) to read |
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as follows: |
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(a) The commission shall: |
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(1) represent government agencies within the |
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Texas-Mexico border region to help reduce regulations by improving |
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communication and cooperation between federal, state, and local |
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governments; |
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(2) examine trade issues between the United States and |
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Mexico; |
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(3) study the flow of commerce at ports of entry |
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between this state and Mexico, including the movement of commercial |
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vehicles across the border, and establish a plan to aid that |
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commerce and improve the movement of those vehicles; |
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(4) work with federal officials to resolve |
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transportation issues involving infrastructure, including roads |
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and bridges, to allow for the efficient movement of goods and people |
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across the border between Texas and Mexico; |
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(5) work with federal officials to create a unified |
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federal agency process to streamline border crossing needs; |
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(6) identify problems involved with border truck |
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inspections and related trade and transportation infrastructure; |
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(7) work to increase funding for the North American |
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Development Bank to assist in the financing of water and wastewater |
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facilities; |
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(8) explore the sale of excess electric power from |
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Texas to Mexico; |
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(9) identify areas of environmental protection that |
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need to be addressed cooperatively between Texas and the Mexican |
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states; |
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(10) identify common challenges to health care on |
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which all states can collaborate; [and] |
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(11) develop recommendations, when possible, for |
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addressing border security challenges; and |
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(12) establish and appoint committees as it considers |
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necessary to study specific issues affecting the Texas-Mexico |
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border region. |
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(d) The commission shall [may] meet at least once a year. In |
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each even-numbered year, the commission shall meet for a |
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Texas-Mexico Border Summit to be held in a county of this state that |
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borders the United Mexican States. The commission shall invite to |
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the summit [with] representatives from the Mexican states of |
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Chihuahua, Coahuila, Nuevo Leon, and Tamaulipas [during the Border
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Governors Conference] to discuss issues and challenges of the |
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Texas-Mexico border region and develop strategic collaborative |
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approaches for addressing the challenges. |
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(e) Not later than January 1 of each odd-numbered year, the |
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commission shall submit to the legislature its recommendations to |
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address challenges faced by the Texas-Mexico border region. |
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SECTION 4. Chapter 490B, Government Code, is amended by |
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adding Sections 490B.006, 490B.007, 490B.008, 490B.009, and |
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490B.010 to read as follows: |
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Sec. 490B.006. ADMINISTRATIVE ATTACHMENT; SUPPORT; BUDGET. |
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(a) The commission is administratively attached to the Center for |
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Border Economic and Enterprise Development established under |
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Section 79.09, Education Code. |
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(b) The Center for Border Economic and Enterprise |
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Development shall provide administrative support services, |
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including human resources, budget, accounting, purchasing, |
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payroll, information technology, and legal support services, to the |
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commission as necessary to carry out the purposes of this chapter. |
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(c) The commission, in accordance with the rules and |
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procedures of the Legislative Budget Board, shall prepare, approve, |
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and submit a legislative appropriations request that is separate |
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from the legislative appropriations request for the Center for |
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Border Economic and Enterprise Development and that is to be used in |
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developing the commission's budget structure. The commission shall |
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maintain the commission's legislative appropriations request and |
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budget structure separately from those of the center. |
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Sec. 490B.007. BORDER AFFAIRS DIRECTOR. (a) The governor |
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shall appoint a border affairs director to serve at the will of the |
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governor in the governor's office or in the office of the secretary |
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of state, as determined by the governor. The director shall: |
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(1) examine trade issues between the United States, |
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Mexico, and Canada; |
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(2) act as an ombudsman for government agencies within |
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the Texas-Mexico border region to help reduce regulations by |
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improving communication and cooperation between federal, state, |
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and local governments; |
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(3) study the flow of commerce at ports of entry |
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between this state and Mexico, including the movement of commercial |
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vehicles across the border, and establish a plan to aid that |
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commerce and improve the movement of those vehicles; |
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(4) work with federal officials to resolve |
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transportation issues involving infrastructure, including roads |
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and bridges, to allow for the efficient movement of goods and people |
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across the border between Texas and Mexico; |
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(5) work with federal officials to create a unified |
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federal agency process to streamline border crossing needs; |
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(6) work to increase funding for the North American |
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Development Bank to assist in the financing of water and wastewater |
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facilities; and |
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(7) explore the sale of excess electric power from |
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Texas to Mexico. |
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(b) The director shall work with the interagency work group |
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and with local governments, metropolitan planning organizations, |
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and other appropriate community organizations adjacent to or |
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located near the border between Texas and Mexico, and with |
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comparable entities in Mexican states adjacent to that border, to |
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address the unique planning and capacity needs of those areas. The |
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director shall assist those governments, organizations, and |
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entities in identifying and developing initiatives to address those |
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needs. Not later than January 1 of each odd-numbered year, the |
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director shall submit to the presiding officer of each house of the |
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legislature a report of the director's activities under this |
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subsection during the preceding biennium. |
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(c) The director shall: |
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(1) work with private industry and appropriate |
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entities of Texas and the United States to require that low-sulfur |
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fuel be sold along highways in Texas carrying increased traffic |
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related to activities under the North American Free Trade |
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Agreement; and |
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(2) work with representatives of the government of |
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Mexico and the governments of those Mexican states bordering Texas |
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to increase the use of low-sulfur fuel. |
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Sec. 490B.008. INTERAGENCY WORK GROUP ON BORDER ISSUES. |
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(a) The interagency work group on border issues is created to: |
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(1) develop or update a process to allow agencies to |
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work together on issues that face border communities; |
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(2) discuss and coordinate programs and services |
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offered to border communities and residents of border communities; |
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and |
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(3) develop regulatory and legislative |
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recommendations to eliminate duplication and combine program |
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services. |
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(b) The interagency work group is composed of the heads of |
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the following agencies or their designees: |
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(1) the Texas Department of Agriculture; |
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(2) the Texas Department of Housing and Community |
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Affairs; |
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(3) the Texas Water Development Board; |
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(4) the Texas Department of Transportation; |
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(5) the Texas Commission on Environmental Quality; |
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(6) the Texas Workforce Commission; |
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(7) the Department of State Health Services; |
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(8) the Health and Human Services Commission; |
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(9) the General Land Office; |
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(10) the Texas Economic Development and Tourism |
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Office; |
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(11) the Office of State-Federal Relations; |
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(12) the Texas Higher Education Coordinating Board; |
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(13) the attorney general's office; |
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(14) the secretary of state's office; |
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(15) the Department of Public Safety; and |
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(16) the Railroad Commission of Texas. |
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(c) The interagency work group shall meet at least once each |
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year to discuss border issues and to provide information showing |
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the impact each agency has on border communities for use in |
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developing border policy. In even-numbered years, the work group |
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shall meet at the biennial Texas-Mexico Border Summit hosted by the |
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commission under Section 490B.004(d). |
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(d) In fulfilling its duties, the work group shall consider |
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the effect of policies instituted by the federal government |
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impacting the Texas-Mexico border region. |
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Sec. 490B.009. BORDER INSPECTION, TRADE, AND |
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TRANSPORTATION ADVISORY COMMITTEE. (a) The director shall |
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establish and appoint the members of the border inspection, trade, |
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and transportation advisory committee. The members must include |
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representatives of the Texas Department of Transportation, the |
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Department of Public Safety, and the Office of State-Federal |
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Relations and may include representatives of the United States |
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Department of Transportation, the Federal Motor Carrier Safety |
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Administration, and other representatives of state and federal |
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agencies involved in border crossing issues. Chapter 2110 does not |
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apply to the size, composition, or duration of the advisory |
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committee. |
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(b) The director shall work with the advisory committee and |
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the interagency work group to: |
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(1) identify problems involved with border truck |
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inspections and related trade and transportation infrastructure; |
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and |
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(2) develop recommendations for addressing those |
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problems. |
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(c) The director shall work with the advisory committee and |
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appropriate agencies of Texas, the United States, and Mexico to |
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develop initiatives to mitigate congestion at ports of entry at the |
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Texas-Mexico border by conducting in Mexico inspections of trucks |
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entering Texas. In developing the initiatives, the director shall |
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give consideration to similar initiatives proposed or implemented |
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at the border of the United States and Canada. |
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(d) The director shall report quarterly to the presiding |
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officer of each house of the legislature on the findings and |
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recommendations of the advisory committee. |
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Sec. 490B.010. TRADE AND COMMERCE PLAN. (a) The director |
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shall develop, in conjunction with representatives of chambers of |
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commerce, metropolitan planning organizations adjacent to or |
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located near the border between Texas and Mexico, and private |
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industry groups, and with the advice of the interagency work group, |
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a comprehensive trade and commerce plan for the Texas-Mexico border |
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region designed to: |
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(1) increase trade by attracting new business |
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ventures; |
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(2) support expansion of existing industries; and |
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(3) address workforce training needs. |
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(b) The plan must cover 5-year, 10-year, and 15-year |
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periods. |
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(c) The director shall work with industries and communities |
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on both sides of the border to develop international industry |
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cluster initiatives to capitalize on resources available in |
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communities adjacent to each other across the border. |
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(d) The director shall conduct annual conferences of |
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interested persons, working with chambers of commerce and |
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universities of this state in the Texas-Mexico border region, and |
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shall host those conferences at no cost to the director. The |
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purposes of the conferences are to: |
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(1) make the trade and commerce plan public; |
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(2) report on updated findings and progress in |
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implementing the plan; and |
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(3) develop new international industry cluster |
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initiatives. |
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SECTION 5. Sections 411.0097(b) and (d), Government Code, |
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as added by Chapter 693 (S.B. 293), Acts of the 79th Legislature, |
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Regular Session, 2005, are amended to read as follows: |
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(b) To assist the department in carrying out this section, |
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the department shall contact the border affairs director appointed |
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[commerce coordinator designated] under Section 490B.007 [772.010] |
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and the mayors of each municipality in this state in which a port of |
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entry for land traffic is located. |
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(d) The department, in conjunction with the border affairs |
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director [commerce coordinator], shall develop short-range and |
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long-range plans, including recommendations to increase bilateral |
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relations with Mexico and expedite trade by mitigating delays in |
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border crossing inspections for northbound truck traffic. In |
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developing the plans, the department and the border affairs |
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director [coordinator] shall consider information obtained from |
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any meetings under Subsection (a). The department shall update the |
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plan biennially. |
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SECTION 6. Section 201.114(b), Transportation Code, is |
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amended to read as follows: |
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(b) The border affairs director appointed under Section |
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490B.007, Government Code, [coordinator] shall serve on the Border |
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Trade Advisory Committee as presiding officer. The commission |
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shall appoint the other members of the committee, which to the |
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extent practicable must include: |
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(1) the presiding officers, or persons designated by |
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the presiding officers, of the policy boards of metropolitan |
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planning organizations wholly or partly in the department's Pharr, |
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Laredo, Odessa, or El Paso transportation district; |
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(2) the person serving, or a person designated by the |
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person serving, in the capacity of executive director of each |
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entity governing a port of entry in this state; |
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(3) a representative each from at least two institutes |
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or centers operated by a university in this state that conduct |
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continuing research on transportation or trade issues; and |
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(4) the port director of the Port of Brownsville or the |
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port director's designee. |
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SECTION 7. Sections 201.207(b) and (d), Transportation |
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Code, are amended to read as follows: |
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(b) To assist the department in carrying out this section, |
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the department shall contact the border affairs director appointed |
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[commerce coordinator designated] under Section 490B.007 |
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[772.010], Government Code, and the mayors of each municipality in |
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this state in which a port of entry for land traffic is located. |
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(d) The department, in conjunction with the border affairs |
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director [commerce coordinator], shall develop short-range and |
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long-range plans, including recommendations to increase bilateral |
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relations with Mexico and expedite trade by mitigating delays in |
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border crossing inspections for northbound truck traffic. In |
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developing the plans, the department and the border affairs |
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director [coordinator] shall consider information obtained from |
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any meetings under Subsection (a). The department shall update the |
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plan biennially. |
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SECTION 8. The following provisions are repealed: |
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(1) Section 772.010, Government Code, as added by |
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Chapter 429 (S.B. 1136), Acts of the 76th Legislature, Regular |
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Session, 1999; |
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(2) Section 772.010, Government Code, as added by |
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Chapter 1339 (H.B. 564), Acts of the 76th Legislature, Regular |
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Session, 1999; |
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(3) Section 772.010, Government Code, as reenacted and |
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amended by Chapter 1215 (H.B. 925), Acts of the 79th Legislature, |
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Regular Session, 2005; |
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(4) Sections 772.0101, 772.0102, and 772.011, |
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Government Code; and |
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(5) Section 201.114(a), Transportation Code. |
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SECTION 9. (a) Effective September 1, 2015: |
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(1) the Texas-Mexico Strategic Investment Commission |
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is abolished and the powers and duties of that commission are |
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transferred to the Texas-Mexico Commission in accordance with |
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Chapter 490B, Government Code, as amended by this Act; and |
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(2) the border commerce coordinator becomes the border |
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affairs director in accordance with Section 490B.007, Government |
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Code, as added by this Act. |
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(b) As soon as possible after the effective date of this |
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Act, the governor, lieutenant governor, and speaker of the house of |
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representatives shall appoint members of the Texas-Mexico |
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Commission in accordance with Section 490B.003, Government Code, as |
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amended by this Act. |
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(c) All rules of the Texas-Mexico Strategic Investment |
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Commission are continued in effect as rules of the Texas-Mexico |
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Commission until superseded by a rule of the Texas-Mexico |
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Commission. An activity conducted by the Texas-Mexico Strategic |
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Investment Commission is considered to be an activity conducted by |
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the Texas-Mexico Commission. |
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(d) A reference in another law or an administrative rule to |
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the Texas-Mexico Strategic Investment Commission means the |
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Texas-Mexico Commission. A reference in another law or an |
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administrative rule to the border commerce coordinator means the |
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border affairs director. |
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(e) All money, records, property, and equipment in the |
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possession of the Texas-Mexico Strategic Investment Commission on |
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September 1, 2015, shall be transferred to the possession of the |
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Texas-Mexico Commission on September 1, 2015, or as soon as |
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possible after that date. |
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SECTION 10. This Act takes effect September 1, 2015. |