Bill Text: TX HB28 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to border security enhancement projects, a fund to pay for those projects, and a study on certain projects; allocating the earnings on the fund balance and reimbursement of related expenditures; granting the power of eminent domain.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-09-09 - Filed [HB28 Detail]
Download: Texas-2021-HB28-Introduced.html
| By: Slaton | H.B. No. 28 | |
|
|
||
|
|
||
| relating to border security enhancement projects, a fund to pay for | ||
| those projects, and a study on certain projects; allocating the | ||
| earnings on the fund balance and reimbursement of related | ||
| expenditures; granting the power of eminent domain. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 411, Government Code, is amended by | ||
| adding Subchapter W to read as follows: | ||
| SUBCHAPTER W. BORDER SECURITY ENHANCEMENT | ||
| Sec. 411.801. DEFINITION. In this subchapter, "fund" means | ||
| the border security enhancement fund. | ||
| Sec. 411.802. BORDER SECURITY ENHANCEMENT FUND. (a) The | ||
| border security enhancement fund is a special fund in the state | ||
| treasury outside the general revenue fund to be administered by the | ||
| department under this subchapter and rules adopted by the | ||
| commission under this subchapter. | ||
| (b) The fund consists of: | ||
| (1) appropriations of money made by the legislature | ||
| for deposit to the credit of the fund; and | ||
| (2) gifts, grants, and donations received by this | ||
| state for the purposes of the fund, including gifts, grants, and | ||
| donations made by other states or through a publicly accessible | ||
| Internet website created and maintained by the department. | ||
| Sec. 411.803. FUND INTEREST. The comptroller shall deposit | ||
| to the credit of the economic stabilization fund the interest and | ||
| other earnings made on the balance of the border security | ||
| enhancement fund. | ||
| Sec. 411.804. USE OF FUND. (a) The department may use | ||
| money in the fund to prevent human trafficking and the illegal entry | ||
| into the United States of aliens without an appropriate federal | ||
| governmental authority's official approval, terrorists, | ||
| instruments of terrorism, and contraband, including narcotics and | ||
| other controlled substances, provided that use is only for: | ||
| (1) planning, designing, constructing, and | ||
| maintaining: | ||
| (A) technology and water and transportation | ||
| infrastructure along this state's international border; and | ||
| (B) commercial vehicle inspection infrastructure | ||
| at ports of entry on the border; and | ||
| (2) clearing nonindigenous plants. | ||
| (b) The department must include as part of the technology | ||
| and transportation infrastructure along this state's international | ||
| border and commercial vehicle inspection infrastructure at ports of | ||
| entry on the border the construction to department specifications | ||
| and to federal specifications for similar infrastructure of a wall | ||
| to be named the "President Donald J. Trump Wall." | ||
| Sec. 411.805. CONTRACTS AND AGREEMENTS. The department may | ||
| enter into any contract or agreement necessary to implement this | ||
| subchapter. | ||
| Sec. 411.806. CONSULTATION. (a) The department may not use | ||
| money from the fund to perform the activities described by Sections | ||
| 411.804(a)(1) or (2) or to contract with a third party to perform | ||
| those activities, unless the department consults with the | ||
| commissioner of agriculture to coordinate border security efforts. | ||
| (b) The department shall consult with the commissioner of | ||
| agriculture for the acquisition of any land necessary to implement | ||
| this subchapter. | ||
| Sec. 411.807. TEXAS CONTRACTOR PREFERENCE. (a) If the | ||
| department seeks to contract with a private entity using money from | ||
| the fund, the department must give preference to an entity that: | ||
| (1) is incorporated or otherwise formed under the laws | ||
| of this state; or | ||
| (2) has a headquarters or other principal office | ||
| located in this state. | ||
| (b) A private entity described by Subsection (a) that | ||
| contracts with subcontractors shall give preference to a | ||
| subcontractor that: | ||
| (1) is incorporated or otherwise formed under the laws | ||
| of this state; or | ||
| (2) has a headquarters or other principal office | ||
| located in this state. | ||
| Sec. 411.808. VERIFICATION BY CONTRACTORS. (a) In this | ||
| section, "E-verify program" has the meaning assigned by Section | ||
| 673.001. | ||
| (b) The department may not award a contract under this | ||
| subchapter unless the proposed contractor and any subcontractor | ||
| register with and participate in the E-verify program to verify | ||
| employee information. The contractor and any subcontractor must | ||
| continue to participate in the program during the term of the | ||
| contract. | ||
| (c) The commission shall adopt procedures for the | ||
| administration of this section. | ||
| Sec. 411.809. REIMBURSEMENT. (a) The governor shall | ||
| submit a request to the federal government for reimbursement of | ||
| amounts expended from the fund, including any appropriate interest | ||
| and late fees. | ||
| (b) The comptroller shall deposit to the credit of the | ||
| economic stabilization fund an amount received from the federal | ||
| government as a reimbursement of an amount expended from the border | ||
| security enhancement fund. | ||
| Sec. 411.810. ADOPTION OF RULES. The commission shall | ||
| adopt the rules necessary to implement this subchapter. | ||
| SECTION 2. Chapter 12, Agriculture Code, is amended by | ||
| adding Section 12.052 to read as follows: | ||
| Sec. 12.052. EMINENT DOMAIN. (a) The department may | ||
| exercise the power of eminent domain to acquire: | ||
| (1) land in fee simple; or | ||
| (2) any interest less than fee simple in, on, under, or | ||
| above land, including an easement, right-of-way, or right of use of | ||
| airspace or subsurface space. | ||
| (b) An eminent domain proceeding brought by the department | ||
| is governed by Chapter 21, Property Code, except to the extent | ||
| inconsistent with this section. | ||
| (c) An eminent domain proceeding begins with the | ||
| commissioner's adoption of a resolution declaring that the | ||
| department's acquisition of the property or interest described in | ||
| the resolution: | ||
| (1) is a public necessity; and | ||
| (2) is necessary and proper for the construction, | ||
| extension, improvement, or development of a wall described by | ||
| Section 411.804, Government Code, and is in the public interest. | ||
| (d) The resolution is conclusive evidence of the public | ||
| necessity of the proposed acquisition and that the real property or | ||
| interest in property is necessary for public use. | ||
| SECTION 3. (a) In this section, "department" means the | ||
| Department of Public Safety of the State of Texas. | ||
| (b) The department shall conduct a study on the construction | ||
| of a wall along this state's international border as described by | ||
| Section 411.804, Government Code, as added by this Act. In | ||
| conducting the study, the department shall: | ||
| (1) estimate the cost for completing an operational | ||
| wall; | ||
| (2) determine the geographic areas along the border | ||
| most in need of the wall; and | ||
| (3) calculate the total distance in miles of the | ||
| geographic areas described by Subdivision (2) of this subsection. | ||
| (c) Not later than December 1, 2022, the department shall | ||
| submit a report of the study conducted under this section to the | ||
| governor, the lieutenant governor, the speaker of the house of | ||
| representatives, and each member of the legislature. | ||
| SECTION 4. 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 on the 91st day after the last day of the | ||
| legislative session. | ||
