By: Birdwell, et al.	S.B. No. 8

	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	of obsolete or outdated technologies.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.