Bill Text: TX SB8 | 2023 | 88th Legislature 1st Special Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Engrossed - Dead) 2023-06-07 - Received from the Senate [SB8 Detail]

Download: Texas-2023-SB8-Comm_Sub.html

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By: Birdwell S.B. No. 8
(In the Senate - Filed May 31, 2023; June 2, 2023, read
first time and referred to Committee on Border Security;
June 6, 2023, reported favorably by the following vote: Yeas 3,
Nays 2; June 6, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE YeaNayAbsent PNVBirdwell X Flores X Blanco X Hinojosa X King X

A BILL TO BE ENTITLED
AN ACT
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of obsolete or outdated technologies.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;
[and]
(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) [(1)] the Texas Department of Rural Affairs;
(B) [(2)] the Texas Department of Housing and
Community Affairs;
(C) [(3)] the Texas Water Development Board;
(D) [(4)] the Texas Department of
Transportation;
(E) [(5)] the Texas Commission on Environmental
Quality;
(F) [(6)] the Texas Workforce Commission;
(G) [(7)] the Department of State Health
Services;
(H) [(8)] the Health and Human Services
Commission;
(I) [(9)] the General Land Office;
(J) [(10)] the Texas Economic Development and
Tourism Office;
(K) [(11)] the Office of State-Federal
Relations;
(L) [(12)] the Texas Higher Education
Coordinating Board;
(M) [(13)] the attorney general's office;
(N) [(14)] the secretary of state's office;
(O) [(15)] the Department of Public Safety;
[and]
(P) [(16)] the Railroad Commission of Texas;
(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.
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