Bill Text: TX SB8 | 2023 | 88th Legislature 1st Special Session | Engrossed
Bill Title: Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force and making funds available to certain governmental entities.
Sponsorship: Partisan Bill (Republican 10)
Status: (Engrossed - Dead) 2023-06-07 - Received from the Senate [SB8 Detail]
Download: Texas-2023-SB8-Engrossed.html
| By: Birdwell, et al. | S.B. No. 8 | |
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| relating to measures to address public safety threats in this state | ||
| presented by transnational criminal activity, including by | ||
| establishing a Texas Border Force and making funds available to | ||
| certain governmental entities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| ARTICLE 1. TEXAS BORDER FORCE; DEPARTMENT OF PUBLIC SAFETY BORDER | ||
| SECURITY FUNCTIONS | ||
| SECTION 1.01. Section 411.0043, Government Code, is amended | ||
| by amending Subsection (a) and adding Subsection (c) to read as | ||
| follows: | ||
| (a) The commission shall implement a policy requiring the | ||
| department to use appropriate technological solutions to improve | ||
| the department's ability to perform its functions. The policy must | ||
| ensure that: | ||
| (1) the public is able to interact with the department | ||
| on the Internet; and | ||
| (2) the department's capability to conduct border | ||
| security operations and similar functions is not impeded by the use | ||
| of obsolete or outdated technologies. | ||
| (c) The department shall periodically review emerging | ||
| technologies that may be deployed for border security operations, | ||
| including technologies and equipment described by Section | ||
| 411.0285, to ensure the department consistently adopts innovative | ||
| technologies and solutions for those operations. | ||
| SECTION 1.02. Chapter 411, Government Code, is amended by | ||
| adding Subchapter B-2 to read as follows: | ||
| SUBCHAPTER B-2. TEXAS BORDER FORCE | ||
| Sec. 411.0281. DEFINITION. In this subchapter, "border | ||
| force" means the Texas Border Force established under this | ||
| subchapter. | ||
| Sec. 411.0282. TEXAS BORDER FORCE; CHIEF. (a) The Texas | ||
| Border Force is established in the Texas Rangers division of the | ||
| department. | ||
| (b) The chief of the Texas Rangers is the chief of the border | ||
| force. | ||
| Sec. 411.0283. BORDER OPERATIONS. (a) The border force may | ||
| conduct border security operations along the Texas-Mexico border, | ||
| including: | ||
| (1) law enforcement operations; | ||
| (2) intelligence gathering, analysis, and | ||
| dissemination; | ||
| (3) coordination and command of state agencies in | ||
| border security operations led by the border force; | ||
| (4) surveillance and detection of criminal activity, | ||
| including improper entry of individuals from foreign nations and | ||
| the smuggling of individuals and controlled substances, using | ||
| cameras, unmanned aircraft, and other technologies; | ||
| (5) interdiction of individuals committing criminal | ||
| activity described by Subdivision (4); | ||
| (6) coordination of local, state, and federal agencies | ||
| conducting border security operations, including tactical | ||
| operations such as special response teams, brush teams, and special | ||
| weapons and tactics teams; and | ||
| (7) training and education programs for the | ||
| professional development of employees and agency partners carrying | ||
| out border security operations. | ||
| (b) Only commissioned officers of the border force may carry | ||
| out the duties assigned to a commissioned peace officer. An | ||
| employee of the border force who is not a commissioned peace officer | ||
| may: | ||
| (1) act in support of a commissioned peace officer; | ||
| and | ||
| (2) engage in support and infrastructure operations of | ||
| the border force. | ||
| Sec. 411.0284. ASSIGNMENT OF TEXAS MILITARY FORCES SERVICE | ||
| MEMBERS. (a) In this section, "Texas military forces" has the | ||
| meaning assigned by Section 437.001. | ||
| (b) The department, at the request of the chief of the | ||
| border force, may enter into a written agreement with the Texas | ||
| Military Department for the assignment of service members of the | ||
| Texas military forces to the border force. The agreement may | ||
| provide for reimbursement by the department for hiring, training, | ||
| salary, and employee benefit costs incurred by the Texas military | ||
| forces in connection with service members assigned to the border | ||
| force. | ||
| Sec. 411.0285. PURCHASE AND DEPLOYMENT OF CERTAIN | ||
| TECHNOLOGY AND EQUIPMENT. (a) The department, at the request of | ||
| the chief of the border force, shall purchase and deploy technology | ||
| and equipment to enhance the border force's ability to detect and | ||
| suppress criminal activity along the Texas-Mexico border, | ||
| including: | ||
| (1) stacked razor wire barriers; | ||
| (2) buoy barriers; and | ||
| (3) surveillance and detection technology to be | ||
| deployed at and near each port of entry along the Texas-Mexico | ||
| border to detect and deter the improper entry of individuals from | ||
| foreign nations and the smuggling of individuals and controlled | ||
| substances, such as fentanyl, cocaine, heroin, and | ||
| methamphetamine. | ||
| (b) The surveillance and detection technology described by | ||
| Subsection (a)(3) may be used to inspect passenger and commercial | ||
| vehicles passing through a port of entry or traveling in any | ||
| direction within 30 miles of a port of entry. | ||
| (c) The department shall employ a sufficient number of | ||
| commercial vehicle inspectors to inspect vehicles using technology | ||
| described by Subsection (a)(3). | ||
| (d) Funds used to purchase technology and equipment | ||
| described by Subsection (a) are considered funds expended for | ||
| border security for purposes of reporting requirements in the | ||
| General Appropriations Act, and the Legislative Budget Board may | ||
| prescribe the form and manner of reporting the relevant budgeted | ||
| and expended amounts and performance indicator results. | ||
| Sec. 411.0286. HIRING OFFICERS WITH PREVIOUS BORDER PATROL | ||
| OR MILITARY EXPERIENCE. Notwithstanding any other provision of | ||
| law, the department may, at the time an officer is hired for the | ||
| border force, elect to credit up to four years of experience as a | ||
| Border Patrol Agent of the United States Customs and Border | ||
| Protection or a member of the armed forces of the United States for | ||
| the purpose of calculating the officer's salary under Schedule C. | ||
| All officers are subject to a one-year probationary period under | ||
| Section 411.007(g) notwithstanding the officer's rank or salary | ||
| classification. | ||
| Sec. 411.0287. INCREASED STAFFING; CERTAIN TRAINING. (a) | ||
| The border force may as necessary to conduct border security | ||
| operations and ensure the safety of the public along the | ||
| Texas-Mexico border: | ||
| (1) recruit, employ, and train officers and other | ||
| staff; and | ||
| (2) contract for additional officers and staff to meet | ||
| an increased need for border security operations. | ||
| (b) The border force shall expand programs for training | ||
| officers to serve as members of a brush team. | ||
| Sec. 411.0288. REPORTS. At least once each calendar | ||
| quarter and at other times determined necessary by the governor or | ||
| the chief of the border force, the chief of the border force shall | ||
| submit a report to the governor containing information requested by | ||
| the governor concerning the border force's operations. | ||
| Sec. 411.0289. NO LIMITATION ON BORDER FORCE AUTHORITY BY | ||
| LOCAL GOVERNMENTS. A political subdivision, including a | ||
| municipality, county, or special purpose district, may not by any | ||
| means limit the jurisdiction or authority of the border force. | ||
| SECTION 1.03. Subchapter C, Chapter 2155, Government Code, | ||
| is amended by adding Section 2155.151 to read as follows: | ||
| Sec. 2155.151. CERTAIN PURCHASES BY DEPARTMENT OF PUBLIC | ||
| SAFETY. (a) The Department of Public Safety is delegated all | ||
| purchasing functions relating to the purchase of technologies and | ||
| equipment for use in border security operations, including | ||
| technology and equipment described by Section 411.0285, to ensure | ||
| the department consistently adopts innovative technologies and | ||
| solutions for those operations. | ||
| (b) The Department of Public Safety shall acquire goods and | ||
| services under Subsection (a) by any procurement method that | ||
| provides the best value to the department. The Department of Public | ||
| Safety shall consider the best value standards listed in Section | ||
| 2155.074. | ||
| (c) At the request of the Department of Public Safety, the | ||
| comptroller or the Department of Information Resources, as | ||
| appropriate, shall procure goods and services described by | ||
| Subsection (a) for the Department of Public Safety. The Department | ||
| of Public Safety may use the services of the comptroller or the | ||
| Department of Information Resources in procuring goods and services | ||
| described by Subsection (a). | ||
| SECTION 1.04. (a) In reviewing emerging technologies under | ||
| Section 411.0043(c), Government Code, as added by this article, the | ||
| Department of Public Safety shall hold a technology fair at which | ||
| vendors of emerging technology that may be used for conducting | ||
| border security operations demonstrate the capabilities of the | ||
| products. | ||
| (b) The event required by Subsection (a) of this section | ||
| must be held not later than September 1, 2024. | ||
| ARTICLE 2. INTERAGENCY WORK GROUP ON BORDER ISSUES | ||
| SECTION 2.01. Sections 772.011(a) and (b), Government Code, | ||
| are amended to read as follows: | ||
| (a) An interagency work group is created to: | ||
| (1) develop or update a process to allow agencies to | ||
| work together on issues that face border communities; | ||
| (2) discuss and coordinate programs and services | ||
| offered to border communities and residents of border communities; | ||
| [ |
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| (3) develop regulatory and legislative | ||
| recommendations to eliminate duplication and combine program | ||
| services; | ||
| (4) identify and anticipate challenges and threats to | ||
| agencies' operations along the Texas-Mexico border; | ||
| (5) develop solutions to overcome the challenges and | ||
| threats described by Subdivision (4); and | ||
| (6) identify strategic opportunities agencies may use | ||
| to enhance the capabilities and effectiveness of their roles in | ||
| this state's operations along the Texas-Mexico border. | ||
| (b) The work group is composed of: | ||
| (1) the chair of the standing substantive committee of | ||
| the senate with primary jurisdiction over border security, or the | ||
| chair's designee; | ||
| (2) the chair of the standing substantive committee of | ||
| the house of representatives with primary jurisdiction over border | ||
| security, or the chair's designee; and | ||
| (3) the heads of the following agencies or their | ||
| designees: | ||
| (A) [ |
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| (B) [ |
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| Community Affairs; | ||
| (C) [ |
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| (D) [ |
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| Transportation; | ||
| (E) [ |
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| Quality; | ||
| (F) [ |
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| (G) [ |
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| Services; | ||
| (H) [ |
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| Commission; | ||
| (I) [ |
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| (J) [ |
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| Tourism Office; | ||
| (K) [ |
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| Relations; | ||
| (L) [ |
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| Coordinating Board; | ||
| (M) [ |
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| (N) [ |
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| (O) [ |
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| [ |
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| (P) [ |
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| (Q) the Texas Division of Emergency Management; | ||
| (R) the Texas Alcoholic Beverage Commission; and | ||
| (S) the Texas Military Department. | ||
| ARTICLE 3. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES, | ||
| EQUIPMENT, AND SERVICES IN THE BORDER REGION | ||
| SECTION 3.01. Chapter 421, Government Code, is amended by | ||
| adding Subchapter G to read as follows: | ||
| SUBCHAPTER G. USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY | ||
| Sec. 421.111. DEFINITIONS. In this subchapter: | ||
| (1) "Border region" has the meaning assigned by | ||
| Section 772.0071. | ||
| (2) "Local government" means a municipality or county. | ||
| (3) "Office" means the trusteed programs within the | ||
| office of the governor. | ||
| Sec. 421.112. USE OF CERTAIN FUNDS. From money | ||
| appropriated for that purpose, the office, as authorized by Chapter | ||
| 418, including Subchapter D of that chapter, shall make funds | ||
| available to state agencies and local governments for the following | ||
| purposes: | ||
| (1) the construction and maintenance of facilities | ||
| related to prosecuting and adjudicating offenses committed in the | ||
| border region, including court facilities, processing facilities, | ||
| detention facilities, criminal justice centers, and other similar | ||
| facilities; | ||
| (2) the construction of improvements to an area in the | ||
| immediate vicinity of a port of entry to enhance vehicle inspection | ||
| capabilities and assist in the investigation, interdiction, and | ||
| prosecution of persons smuggling individuals or contraband across | ||
| the Texas-Mexico border; | ||
| (3) the payment of staff salaries and benefits and the | ||
| payment of operational expenses related to providing law | ||
| enforcement services, emergency services, detention services, and | ||
| court administration services; | ||
| (4) the construction and maintenance of temporary | ||
| border security infrastructure, including temporary walls, | ||
| barriers, fences, wires, trenches, surveillance technology, or | ||
| other improvements, designed or adapted to surveil or impede the | ||
| movement of persons or objects across the Texas-Mexico border at | ||
| locations other than ports of entry; and | ||
| (5) any other activity that the office determines | ||
| necessary to address offenses that are committed in the border | ||
| region or are related to transnational criminal activity. | ||
| Sec. 421.113. ADMINISTRATIVE COSTS. Unless otherwise | ||
| provided by the appropriation, the office may use a reasonable | ||
| amount, not to exceed five percent, of any funds appropriated for | ||
| purposes of this subchapter to pay the costs of administering this | ||
| subchapter. | ||
| ARTICLE 4. BORDER PROTECTION AGREEMENTS | ||
| SECTION 4.01. Title 7, Government Code, is amended by | ||
| adding Chapter 795 to read as follows: | ||
| CHAPTER 795. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN | ||
| STATES | ||
| Sec. 795.001. AUTHORITY FOR AGREEMENTS. On behalf of this | ||
| state, the governor may coordinate, develop, and execute agreements | ||
| with the United Mexican States and the states of the United Mexican | ||
| States regarding the authority of this state to protect and defend | ||
| its citizens. | ||
| ARTICLE 5. SEVERABILITY; EFFECTIVE DATE | ||
| SECTION 5.01. It is the intent of the legislature that every | ||
| provision, section, subsection, sentence, clause, phrase, or word | ||
| in this Act, and every application of the provisions in this Act to | ||
| every person, group of persons, or circumstances, is severable from | ||
| each other. If any application of any provision in this Act to any | ||
| person, group of persons, or circumstances is found by a court to be | ||
| invalid for any reason, the remaining applications of that | ||
| provision to all other persons and circumstances shall be severed | ||
| and may not be affected. | ||
| SECTION 5.02. This Act takes effect on the 91st day after | ||
| the last day of the legislative session. | ||
