The text as introduced · 3,139 words
By: Gámez
H.B. No. 5520
A BILL TO BE ENTITLED
AN ACT
relating to border protection and economic development services,
programs, and other measures, including establishing an
educational center and programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. SHORT TITLE
SECTION 1.01. This Act may be cited as the Border
Enhancement Act.
ARTICLE 2. DEPARTMENT OF PUBLIC SAFETY DUTIES
SECTION 2.01. Subchapter A, Chapter 411, Government Code,
is amended by adding Sections 411.02091 and 411.02092 to read as
follows:
Sec. 411.02091. BORDER SECURITY LIAISON. (a) The
department shall designate a department employee to act as the
liaison between the department and each sector for border
operations established by the United States Customs and Border
Protection.
(b) The department shall avoid duplicative efforts, improve
efficacy of deployed resources, and ensure efficient allocation of
department resources along the Texas-Mexico border.
Sec. 411.02092. BORDER SECURITY PRIORITIES AND EQUIPMENT.
(a) The department shall pursue strategies and efforts for
securing the Texas-Mexico border that are evidence-based and
balance the following priorities of enhancing the security of this
state, providing humanitarian assistance, and ensuring robust
trade across the Texas-Mexico border.
(b) The department may purchase for use at or near the
Texas-Mexico border equipment that increases the efficacy and
efficiency of inspecting vehicles entering this state from Mexico,
including equipment that uses radiography (X-rays) to inspect
vehicles and freight.
ARTICLE 3. GRANT PROGRAM FOR COURTS IN THE BORDER REGION
SECTION 3.01. Chapter 72, Government Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. BORDER COURT GRANT PROGRAM
Sec. 72.201. DEFINITION. In this subchapter, "border
region" has the meaning assigned by Section 772.0071.
Sec. 72.202. GRANT PROGRAM. (a) From money appropriated
for that purpose, the office shall establish and administer a grant
program to support the operation of courts in the border region.
(b) In addition to other funds appropriated by the
legislature and for purposes of administering and funding the grant
program, the office may:
(1) seek and apply for any available federal funds;
and
(2) solicit and accept gifts, grants, and donations
from any other source, public or private, as necessary to ensure
resources are available to achieve the purpose described by
Subsection (a).
(c) The grants awarded under this subchapter may be used for
the reimbursement of costs associated with the operation of a
court, including the:
(1) salary of a visiting judge appointed under Chapter
74;
(2) salary and benefits of an associate judge, court
coordinator, court administrator, court reporter, and court
interpreter;
(3) salary and benefits of district and county clerk
staff;
(4) travel costs and other expenses incurred by court
personnel and judges in the performance of their duties;
(5) cost of equipment necessary for personnel
dedicated to processing and adjudicating cases; or
(6) fees and related expenses for the appointment of
counsel to represent an indigent defendant under Chapter 26, Code
of Criminal Procedure, or the costs to operate a public defender's
office or managed assigned counsel program under that chapter, as
those fees and expenses relate to the adjudication of cases in
courts in the border region.
Sec. 72.203. RULES. (a) The office shall adopt rules for
the administration and operation of the grant program established
under this subchapter.
(b) In adopting the rules, the office shall:
(1) conduct a study of the data collected for this
purpose or otherwise available on crime, arrests, detentions, and
convictions to identify offenses for which prosecutions have
increased as a result of Operation Lone Star; and
(2) solicit from governmental officials, community
leaders, and other interested persons in the border region
information necessary to identify the courts of the region needing
financial assistance.
(c) The rules must include:
(1) administrative provisions for grants awarded
under this subchapter, including:
(A) eligibility criteria for grant applicants,
including criteria to limit eligibility to those applicants
experiencing an increase in caseloads;
(B) grant application procedures;
(C) guidelines relating to grant amounts;
(D) procedures for evaluating grant
applications; and
(E) procedures for monitoring the use of grants;
(2) methods for tracking the effectiveness of grants
and the efficiency of the applicants receiving grants; and
(3) procedures for reporting caseload data at least
annually, including caseload data necessary to update the study
described by Section 72.2055.
Sec. 72.204. GRANT AMOUNTS. The amount of a grant awarded
under this section may not exceed the amount set by the General
Appropriations Act.
Sec. 72.205. REPORTING REQUIREMENTS FOR GRANT RECIPIENTS.
The recipient of a grant awarded under this subchapter shall submit
to the office an annual report on the grant money spent during the
year covered by the report and the purposes for which that money was
spent.
Sec. 72.2055. ANNUAL REPORT BY OFFICE. Annually, the
office shall update the study conducted under Section 72.203(b)(1)
using caseload data required to be reported under the rules adopted
under Section 72.203(c).
Sec. 72.206. ADMINISTRATIVE COSTS. Unless otherwise
provided by the appropriation, in each state fiscal year, the
office may use a reasonable amount, not to exceed five percent, of
any general revenue appropriated for purposes of this subchapter
for that state fiscal year to pay the costs of administering the
grant program.
SECTION 4.02. As soon as practicable after the effective
date of this Act, the Office of Court Administration of the Texas
Judicial System shall with respect to Subchapter H, Chapter 72,
Government Code, as added by this Act:
(1) adopt rules as necessary to implement the
subchapter; and
(2) establish the grant program required by the
subchapter.
ARTICLE 4. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,
EQUIPMENT, AND SERVICES IN THE BORDER REGION
SECTION 4.01. 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 for persons who are 10 years of age or older,
regardless of gender, criminal justice centers, and other similar
facilities;
(2) the payment of staff salaries and benefits and the
payment of operational expenses related to providing law
enforcement services;
(3) the purchase or maintenance of equipment related
to providing public health and safety services in the border
region, including law enforcement services, communication
services, and emergency services, to enhance safety and security;
(4) the construction and maintenance of border
security infrastructure, including drive-through mobile cargo
scanners that use radiography (X-rays) to inspect vehicles and
freight, 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;
(5) 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; and
(6) the construction or improvement of roadways, sea
ports, airports, and similar transportation facilities in the
border region.
Sec. 421.113. FEDERAL FUNDS; GIFTS, GRANTS, AND DONATIONS.
In addition to funds appropriated by the legislature and for
purposes of this subchapter, the office may:
(1) seek and apply for any available federal funds;
and
(2) solicit and accept gifts, grants, and donations
from any other source, public or private.
Sec. 421.114. RULES. The office may adopt rules for the
administration of this subchapter.
Sec. 421.115. REPORTING REQUIREMENTS. (a) The recipient
of funds for a purpose described by Section 421.112 shall submit to
the office reports on an interval prescribed by the office
regarding the use of the funds and any other issue related to the
funds as determined by the office.
(b) Funds received by a state agency for a purpose described
by Section 421.112 are considered border security funding for
purposes of reporting requirements in the General Appropriations
Act.
Sec. 421.116. ADMINISTRATIVE COSTS. Unless otherwise
provided by the appropriation, the division may use a reasonable
amount, not to exceed five percent, of any general revenue
appropriated for purposes of this subchapter to pay the costs of
administering this subchapter.
SECTION 4.02. As soon as practicable after the effective
date of this Act, the office of the governor shall adopt rules as
necessary to implement Subchapter G, Chapter 421, Government Code,
as added by this Act.
ARTICLE 5. EDUCATION GRANT PROGRAM AND ESTABLISHMENT OF TEXAS
CENTER FOR BORDER POLICY
SECTION 5.01. Chapter 61, Education Code, is amended by
adding Subchapter D-1 to read as follows:
SUBCHAPTER D-1. BORDER INSTITUTION GRANT PROGRAM
Sec. 61.101. BORDER INSTITUTION GRANT PROGRAM. (a) In this
subchapter, "border region" has the meaning assigned by Section
772.0071, Government Code.
(b) Subject to the availability of funds, the board shall
establish a border institution grant program under which the board
awards financial assistance to institutions of higher education
located in the border region that administer innovative programs
designed to:
(1) recruit, train, retain, or otherwise increase the
number of professionals in fields related to border safety or
affected by ongoing criminal activity and public health threats to
the border region, as determined by board rule, including by
providing a salary increase or stipend to a faculty member who
provides instruction to additional students in a degree or
certificate program that graduates those professionals; and
(2) conduct research in areas of study related to
border safety or the effects of ongoing criminal activity and
public health threats to the border region.
Sec. 61.102. FEDERAL FUNDS AND GIFTS, GRANTS, AND
DONATIONS. In addition to other funds appropriated by the
legislature and for the purposes described by Section 61.101, the
board may:
(1) seek and apply for any available federal funds;
and
(2) solicit and accept gifts, grants, and donations
from any other source, public or private, as necessary to ensure
effective implementation of the grant program established under
this subchapter.
Sec. 61.103. RULES. (a) The board shall adopt rules for
the administration of the grant program established under this
subchapter. In adopting the rules, the board shall solicit, from
border region officials, community leaders in the border region,
and other stakeholders, information necessary to identify
innovative programs anticipated to produce the best outcomes and
serve the greatest need.
(b) The rules must include:
(1) administrative provisions for grants awarded
under this subchapter, including:
(A) eligibility criteria for institutions of
higher education, including a requirement that the institution
demonstrate regional and state workforce need;
(B) grant application procedures;
(C) guidelines relating to grant amounts;
(D) procedures for evaluating grant
applications; and
(E) procedures for monitoring the use of grants;
and
(2) methods for tracking the effectiveness of grants
that:
(A) using data reasonably available to the board,
consider relevant information regarding the career paths of
professionals described by Section 61.101 during the four-year
period following their graduation; and
(B) evaluate whether and for how long those
professionals practice in a field described by Section 61.101 in
this state.
Sec. 61.104. AWARD OF GRANTS. In awarding grants under this
subchapter, the board shall give priority to applicants that
propose to:
(1) enhance or leverage existing degree programs that
graduate professionals described by Section 61.101;
(2) establish or maintain a program that serves a
rural or underserved area;
(3) partner with another institution of higher
education to develop a joint program;
(4) establish or maintain a program that incentivizes
professionals described by Section 61.101 to serve in their field
or a related field of study for at least three consecutive years
following graduation; and
(5) establish or maintain a degree or certificate
program to educate professionals in specialties that face
significant workforce shortages, including those described by
Section 61.101.
Sec. 61.105. GRANT AMOUNTS. The amount of a grant awarded
under this subchapter may not exceed an amount specified in the
General Appropriations Act.
Sec. 61.106. REPORTING REQUIREMENTS. An institution of
higher education that receives a grant awarded under this
subchapter shall submit to the board an annual report on the amounts
and purposes for which grant money was spent during the year
covered by the report.
Sec. 61.107. ADMINISTRATIVE COSTS. Unless otherwise
provided by the appropriation, in each state fiscal year, the board
may use a reasonable amount, not to exceed five percent, of any
general revenue appropriated for purposes of this subchapter for
that state fiscal year to pay the costs of administering this
subchapter.
SECTION 5.02. Chapter 75, Education Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. TEXAS CENTER FOR BORDER POLICY
Sec. 75.401. DEFINITIONS. In this subchapter:
(1) "Board" means the board of regents of The
University of Texas System.
(2) "Center" means the Texas Center for Border Policy.
Sec. 75.402. ESTABLISHMENT. The board shall establish and
maintain the Texas Center for Border Policy as a joint partnership
of The University of Texas at El Paso and The University of Texas
Rio Grande Valley.
Sec. 75.403. OPERATION AND MANAGEMENT. (a) The
organization, control, and management of the center are vested in
the board.
(b) The center shall be located in facilities determined
appropriate by the board.
(c) The board may employ personnel for the center as
necessary. The board may make joint appointments of personnel to
the center and to either or both The University of Texas at El Paso
or The University of Texas Rio Grande Valley. The salary of a
person receiving a joint appointment shall be apportioned on the
basis of services rendered.
Sec. 75.404. AGREEMENTS WITH OTHER ENTITIES. The
University of Texas at El Paso and The University of Texas Rio
Grande Valley shall encourage public and private entities to
participate in or support the operation of the center and jointly
may enter into an agreement with any entity for that purpose. An
agreement may allow the center to provide information, services, or
other assistance to an entity in exchange for the entity's
participation or support.
Sec. 75.405. POWERS AND DUTIES. Subject to the
availability of funds, the center shall:
(1) perform a comprehensive initial assessment of this
state's policies with respect to the Texas-Mexico border;
(2) develop appropriate performance metrics to
measure the efficacy and efficiency of this state's policies with
respect to the Texas-Mexico border, including the effect of this
state's policies on security and economic growth;
(3) conduct research on improving this state's
policies with respect to the Texas-Mexico border;
(4) develop recommendations for enhancing this state's
security and opportunities for economic growth through policies
related to the Texas-Mexico border;
(5) develop and maintain an Internet website that
provides information on the activities of the center, including any
reports and recommendations issued; and
(6) cooperate fully with similar programs operated by
other institutions of higher education.
Sec. 75.406. GIFTS, GRANTS, AND DONATIONS. The board may
solicit and accept gifts, grants, and donations from any source to
aid in the establishment, maintenance, and operation of the center.
Sec. 75.407. REPORTING. Not later than December 1 of each
even-numbered year, the center shall submit to the legislature a
report on the center's activities and research for the two-year
period preceding the date of submission. The report must include
any recommendations developed under Section 75.405(4).
SECTION 5.03. (a) As soon as practicable after the
effective date of this Act, the Texas Higher Education Coordinating
Board shall adopt rules for the implementation and administration
of the border institution grant program established under
Subchapter D-1, Chapter 61, Education Code, as added by this Act.
(b) Not later than September 1, 2026, the Texas Higher
Education Coordinating Board shall establish the border
institution grant program required by Subchapter D-1, Chapter 61,
Education Code, as added by this Act, and shall begin to award
grants under the program as soon as practicable after the program is
established.
ARTICLE 6. ECONOMIC DEVELOPMENT INITIATIVE
SECTION 6.01. Chapter 481, Government Code, is amended by
adding Subchapter Q to read as follows:
SUBCHAPTER Q. BORDER PROTECTION ECONOMIC DEVELOPMENT INITIATIVE
Sec. 481.241. DEFINITION. In this subchapter, "border
region" has the meaning assigned by Section 772.0071.
Sec. 481.242. CAMPAIGN FOR BUSINESSES AND TOURISM. (a) In
consultation with stakeholders in the border region, the office
shall develop and execute a campaign to:
(1) attract domestic and foreign entities to:
(A) locate the headquarters of those entities in
the border region; or
(B) expand the entities' operations to the border
region;
(2) support and promote tourism in the border region;
and
(3) support institutions and initiatives in the border
region that create an environment conducive to starting or
operating a company whose primary business is providing homeland
security technology or services.
(b) The office may coordinate with and assist any
municipality, county, or other political subdivision in supporting
or promoting the purposes described by Subsection (a).
Sec. 481.243. TARGETED RESEARCH AND OUTREACH; SUPPORTIVE
PROGRAMS. (a) In developing and executing the campaign described
by Section 481.242, the office shall identify and research
particular companies and types of companies with a high potential
of commercial success if the companies were to operate in the
border region.
(b) For each company identified under Subsection (a), the
office shall develop and execute a campaign to attract the company
to locate its headquarters or expand operations into the border
region.
(c) For a type of company identified under Subsection (a),
the office shall create programs for supporting the formation of
new companies in the border region of that type, excluding direct
financial incentives to the company.
Sec. 481.244. GIFTS, GRANTS, AND DONATIONS. In addition to
funds appropriated, credited, or transferred by the legislature for
the purposes of this subchapter, the office shall:
(1) seek and apply for any available federal funds;
and
(2) solicit and accept gifts, grants, and donations
from any other source, public or private, as necessary to ensure
effective implementation of this subchapter.
Sec. 481.245. ANNUAL REPORT. Not later than December 31 of
each year, the office shall report to the legislature on the
activities of the office under this subchapter.
Sec. 481.246. ADMINISTRATIVE COSTS. Unless otherwise
provided by the appropriation, the office may use a reasonable
amount, not to exceed five percent, of any general revenue
appropriated for the purposes of this subchapter to administer this
subchapter.
ARTICLE 7. EFFECTIVE DATE
SECTION 7.01. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.
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