Bill Text: TX HB3782 | 2023-2024 | 88th Legislature | Engrossed

---

Bill Title: Relating to establishing the Border Security Advisory Council and the Border Protection Task Force.

Spectrum: Moderate Partisan Bill (Republican 12-3)

Status: (Engrossed - Dead) 2023-05-11 - Referred to Border Security [HB3782 Detail]

Download: Texas-2023-HB3782-Engrossed.html

---

By: Guillen, Raymond, Morales of Maverick, H.B. No. 3782
Muñoz, Jr., Lopez of Cameron, et al.

A BILL TO BE ENTITLED
AN ACT
relating to establishing the Border Security Advisory Council and
the Border Protection Task Force.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. BORDER SECURITY ADVISORY COUNCIL
SECTION 1.01. Subchapter B-1, Chapter 421, Government Code,
is amended by adding Section 421.0425 to read as follows:
Sec. 421.0425. BORDER SECURITY ADVISORY COUNCIL. (a) The
Border Security Advisory Council is a permanent special advisory
committee created to advise the legislature and the governor or the
governor's designee on homeland security issues impacting the
security of the Texas-Mexico border and on streamlining statewide
border security activities and initiatives.
(b) The council is composed of:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) four senators appointed by the lieutenant governor
who collectively meet the following requirements:
(A) two senators must be members of the political
party with the most members in the senate and two senators must be
members of the political party with the second most members in the
senate;
(B) two senators must represent senatorial
districts located in the border region; and
(C) one senator must be the chair of the senate
standing committee with primary jurisdiction over border security
issues;
(4) four members of the house of representatives
appointed by the speaker of the house of representatives who
collectively meet the following requirements:
(A) two representatives must be members of the
political party with the most members in the house and two
representatives must be members of the political party with the
second most members in the house;
(B) two representatives must represent house
districts located in the border region; and
(C) one representative must be the chair of the
house standing committee with primary jurisdiction over border
security issues;
(5) as nonvoting members, the executive head of or a
designee from each of the following:
(A) Department of Public Safety;
(B) Texas Military Department;
(C) Texas Division of Emergency Management;
(D) Parks and Wildlife Department;
(E) Texas Department of Criminal Justice; and
(F) Office of Court Administration of the Texas
Judicial System;
(6) as a nonvoting member, the presiding officer of
the border prosecution unit established under Section 772.052;
(7) the following nonvoting members appointed by the
governor or the governor's designee:
(A) one representative of a county located in the
border region, other than a sheriff;
(B) one sheriff of a county located in the border
region;
(C) one representative of a municipality located
in the border region, other than a municipal police chief;
(D) one police chief of a municipality located in
the border region; and
(E) one representative of the business community
involved in international trade across the Texas-Mexico border; and
(8) other nonvoting members as determined by the
governor or the governor's designee.
(c) The lieutenant governor and the speaker of the house of
representatives are joint chairs of the council.
(d) A majority of the voting members of the council
constitutes a quorum to transact business. If a quorum is present,
the council may act on any matter within the council's jurisdiction
by a majority vote.
(e) The council shall meet as often as necessary to perform
the council's duties. Meetings may be held at any time at the
request of either chair.
(f) As an exception to Chapter 551 and other law, for a
meeting at which both joint chairs of the council are physically
present, any number of the other council members may attend the
meeting by use of telephone conference call, video conference call,
or other similar technology. This subsection applies for purposes
of establishing a quorum or voting or for any other purpose allowing
the members to fully participate in any council meeting. This
subsection applies without regard to the subject or topics
considered by the members at the meeting.
(g) A council meeting held by use of telephone conference
call, video conference call, or other similar technology:
(1) is subject to the notice requirements applicable
to other meetings;
(2) must specify in the notice of the meeting the
location at which the joint chairs will be physically present;
(3) must be open to the public and audible to the
public at the location specified in the notice under Subdivision
(2); and
(4) must provide two-way audio communication between
all council members attending the meeting during the entire
meeting, and if the two-way audio communication link with any
member attending the meeting is disrupted at any time, the meeting
may not continue until the two-way audio communication link is
reestablished.
(h) In addition to the duties under Section 421.045, the
council shall:
(1) use statistical analyses and other research
methods to conduct an in-depth examination of border safety
initiatives and programs in this state that includes:
(A) an assessment of the cost-effectiveness of
the use of state and local funds in ensuring border safety;
(B) an identification of critical border safety
problems; and
(C) a determination of the state's long-range
border safety needs;
(2) recommend to the legislature and the governor:
(A) strategies to solve the problems identified
under Subdivision (1)(B);
(B) policy priorities to address the long-range
needs determined under Subdivision (1)(C); and
(C) measures based on objective research and
analysis to help guide state border safety policies;
(3) advise the legislature and the governor regarding:
(A) coordinating the goals and responsibilities
for border security efforts of local and state agencies with
jurisdiction over border security;
(B) developing procedures for streamlining
decision-making of local and state agencies with jurisdiction over
border security; and
(C) improving transparency of border security
operations; and
(4) advise and assist the legislature and the governor
in developing plans, programs, and proposed legislation to improve
the effectiveness of border safety initiatives and programs.
(i) The council may hire staff or may contract with
universities or other suitable entities to assist the council in
carrying out the council's duties. Funding to support the
operation of the council shall be provided from funds appropriated
to the Texas Legislative Council.
(j) Not later than January 1 of each odd-numbered year, the
council shall submit to the legislature and the governor a report
that contains the recommendations described by Subsection (h)(2).
SECTION 1.02. Section 421.044, Government Code, is amended
to read as follows:
Sec. 421.044. COMPENSATION AND REIMBURSEMENT OF EXPENSES
PROHIBITED. (a) A person who is a member of a permanent special
advisory committee created under this subchapter is not entitled to
receive:
(1) compensation from this state for service on the
committee; or
(2) except as provided by Subsection (b), travel
expenses incurred by the person while conducting the business of
the committee.
(b) A member of the Border Security Advisory Council created
under Section 421.0425 is entitled to travel expenses described by
Subsection (a)(2) as provided by the General Appropriations Act.
ARTICLE 2. BORDER PROTECTION TASK FORCE
SECTION 2.01. Article 2.12, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve
deputies who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve
deputy constables who hold a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated
city, town, or village, and those reserve municipal police officers
who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
(4) rangers, officers, and members of the reserve
officer corps commissioned by the Public Safety Commission and the
Director of the Department of Public Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic
Beverage Commission;
(7) each member of an arson investigating unit
commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the
Parks and Wildlife Commission;
(11) officers commissioned under Chapter 23,
Transportation Code;
(12) municipal park and recreational patrolmen and
security officers;
(13) security officers and investigators commissioned
as peace officers by the comptroller;
(14) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(15) officers commissioned by a board of trustees
under Chapter 54, Transportation Code;
(16) investigators commissioned by the Texas Medical
Board;
(17) officers commissioned by:
(A) the board of managers of the Dallas County
Hospital District, the Tarrant County Hospital District, the Bexar
County Hospital District, or the El Paso County Hospital District
under Section 281.057, Health and Safety Code;
(B) the board of directors of the Ector County
Hospital District under Section 1024.117, Special District Local
Laws Code;
(C) the board of directors of the Midland County
Hospital District of Midland County, Texas, under Section 1061.121,
Special District Local Laws Code; and
(D) the board of hospital managers of the Lubbock
County Hospital District of Lubbock County, Texas, under Section
1053.113, Special District Local Laws Code;
(18) county park rangers commissioned under
Subchapter E, Chapter 351, Local Government Code;
(19) investigators employed by the Texas Racing
Commission;
(20) officers commissioned under Chapter 554,
Occupations Code;
(21) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
(22) investigators commissioned by the attorney
general under Section 402.009, Government Code;
(23) security officers and investigators commissioned
as peace officers under Chapter 466, Government Code;
(24) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(25) officers commissioned by the state fire marshal
under Chapter 417, Government Code;
(26) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(27) apprehension specialists and inspectors general
commissioned by the Texas Juvenile Justice Department as officers
under Sections 242.102 and 243.052, Human Resources Code;
(28) officers appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(29) investigators commissioned by the Texas
Commission on Law Enforcement under Section 1701.160, Occupations
Code;
(30) commission investigators commissioned by the
Texas Private Security Board under Section 1702.061, Occupations
Code;
(31) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(32) officers commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section;
(33) investigators commissioned by the Texas Juvenile
Justice Department as officers under Section 221.011, Human
Resources Code; [and]
(34) the fire marshal and any related officers,
inspectors, or investigators commissioned by a county under
Subchapter B, Chapter 352, Local Government Code; and
(35) officers of the Border Protection Task Force
commissioned by the task force chief under Section 425.054,
Government Code.
SECTION 2.02. Subtitle B, Title 4, Government Code, is
amended by adding Chapter 425 to read as follows:
CHAPTER 425. BORDER PROTECTION TASK FORCE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 425.001. DEFINITIONS. In this chapter:
(1) "Alien" has the meaning assigned by 8 U.S.C.
Section 1101.
(2) "Border region" has the meaning assigned by
Section 772.0071.
(3) "Chief" means the chief of the task force.
(4) "Governing body" means the governing body of the
state agency selected under Section 425.002.
(5) "Local government" means a municipality, county,
special purpose district, or other political subdivision of this
state.
(6) "Port of entry" means a port or place designated by
the United States Department of Homeland Security at which an alien
may apply to the department for admission into the United States.
(7) "State agency" means a board, commission,
department, office, or other agency in the executive branch of
state government.
(8) "Task force" means the Border Protection Task
Force established under this chapter.
Sec. 425.002. BORDER SECURITY ADVISORY COUNCIL TO RECOMMEND
STATE AGENCY FOR BORDER PROTECTION TASK FORCE. (a) The Border
Security Advisory Council established under Section 421.0425 shall
provide to the governor a list of recommendations for the state
agency that will establish the Border Protection Task Force.
(b) The governor shall select from the list under Subsection
(a) the state agency that will establish the Border Protection Task
Force.
Sec. 425.003. BORDER PROTECTION TASK FORCE ESTABLISHED.
(a) The governing body of the state agency selected under Section
425.002 shall establish the Border Protection Task Force as a
division within the agency to provide cross-functional expertise to
border protection operations and improve efficiency and
effectiveness of the border protection operations of the state
agencies and political subdivisions of this state.
(b) The governing body shall appoint, with the approval of
the governor, a chief of the task force.
(c) The chief serves at the will of the governing body.
Sec. 425.004. TERM OF AUTHORIZATION. (a) The task force is
subject to appropriations from the legislature and continues in
existence until September 1, 2031, unless reauthorized by the
legislature.
(b) This chapter expires September 1, 2031.
Sec. 425.005. HEADQUARTERS; REGIONAL OFFICES. The task
force must be headquartered in the border region. The task force may
establish regional offices along the Texas-Mexico border.
Sec. 425.006. CONSOLIDATION OF STATE AGENCY BORDER
OPERATIONS. (a) The chief shall identify resources the task force
needs to conduct border protection operations, including
personnel, equipment, and facilities owned or controlled by state
agencies that conduct border protection operations under Operation
Lone Star. The chief may identify any resources dedicated to border
security that are owned or controlled by:
(1) the office of the governor;
(2) the office of the attorney general;
(3) the Department of Public Safety;
(4) the Texas Military Department;
(5) the Parks and Wildlife Department;
(6) the Texas Alcoholic Beverage Commission;
(7) the Texas Department of Criminal Justice;
(8) the Texas Commission on Jail Standards;
(9) the Texas Commission on Law Enforcement;
(10) the Office of Court Administration of the Texas
Judicial System;
(11) the Department of State Health Services;
(12) the Texas Department of Motor Vehicles;
(13) the Texas Division of Emergency Management;
(14) the State Soil and Water Conservation Board; and
(15) any other state agency designated by the
governor.
(b) Each state agency that owns or controls resources
identified under Subsection (a) shall dedicate those resources to
the task force and its duties.
Sec. 425.007. REIMBURSEMENT FOR STATE USE OF LOCAL
GOVERNMENT RESOURCES. (a) The chief shall identify resources the
task force needs to conduct border protection operations, including
personnel, equipment, and facilities owned or controlled by local
governments that conduct border protection operations along the
Texas-Mexico border.
(b) A local government that owns or controls resources
identified under Subsection (a) may by written agreement with the
task force dedicate those resources to the task force and its
duties.
(c) A local government that dedicates resources to the task
force under this section is entitled to reimbursement for the use of
those resources as provided by the written agreement under
Subsection (b) and the General Appropriations Act.
Sec. 425.0071. EMPLOYMENT OF DEDICATED PERSONNEL;
COOPERATIVE WORK. (a) A person who is dedicated to the task force
under Section 425.006 or 425.007 remains an employee of the
assigning state agency or local government but the person may be
assigned duties by the chief.
(b) A person who is dedicated to the task force shall work
cooperatively with employees of the task force and other persons
dedicated to the task force under the guidance of the chief to
achieve efficiency in efforts by state agencies and local
governments to enforce the law in the border region.
Sec. 425.0072. COOPERATION WITH BORDER PROSECUTION UNIT.
(a) In this section, "border prosecution unit" means the border
prosecution unit established under Section 772.052.
(b) The task force shall cooperate with the border
prosecution unit to carry out the duties of the task force and the
unit.
(c) The border prosecution unit as needed may assign a
prosecutor from the unit to the task force headquarters or any
regional office of the task force.
Sec. 425.008. GIFTS, GRANTS, AND DONATIONS. The task force
may accept gifts, grants, and donations from any source, including
private and nonprofit organizations, for the purposes of
implementing this chapter.
Sec. 425.009. FEDERAL AND LOCAL COOPERATION. The task
force shall coordinate with any federal agency or any local
government as necessary to carry out the duties of the task force.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 425.051. GENERAL POWERS AND DUTIES OF CHIEF; RULES.
(a) The chief shall:
(1) formulate plans and policies for the protection of
the citizens of this state in the Texas-Mexico border region,
including the air, maritime, and land borders of this state;
(2) organize the task force and supervise its
operation;
(3) maintain records of all task force proceedings and
official orders; and
(4) biennially submit a report of the task force's
operations to the governor and legislature.
(b) The chief is directly responsible to the governing body
for the conduct of the task force and shall act as the chief
administrative officer of the task force.
(c) The chief, with the approval of the governing body, may
adopt rules necessary to carry out the duties of the task force,
including rules for procuring equipment and facilities, providing
training, and adopting policies governing the personnel of the task
force.
Sec. 425.052. OPERATIONAL PLAN TO COORDINATE BORDER
PROTECTION. (a) The chief or the chief's designee shall develop and
recommend to the governor, the legislature, and the governing body
a strategic plan that establishes the framework for the budgeting
and operations of the task force, including homeland security
strategies, to be administered by the task force and state agencies
that provide assistance to the task force.
(b) The strategic plan under Subsection (a) must include:
(1) goals and performance measures that involve
collaboration with other state agencies and local governments; and
(2) an evaluation of 8 U.S.C. Section 1325(a) and
other federal laws relating to the requirement that the admission
of aliens into the United States occur only at ports of entry.
(c) The chief shall annually report to the governor, the
legislature, and the governing body on the implementation of the
strategic plan.
Sec. 425.053. DEPUTY CHIEFS. The chief, with the approval
of the governing body, may appoint deputy chiefs and regional
commanders to oversee the regional offices authorized by Section
425.005.
Sec. 425.054. OFFICERS AND OTHER EMPLOYEES. (a) The chief
may commission, with the approval of the governing body, officers
of the task force as peace officers.
(b) The chief may hire any employees as necessary to carry
out the duties of the task force.
Sec. 425.055. QUALIFICATIONS. (a) To be a commissioned
officer of the task force, a person must hold or obtain a peace
officer license under Chapter 1701, Occupations Code.
(b) To be a noncommissioned officer of the task force, a
person must meet the qualifications set by the chief by rule.
(c) The chief may provide by rule for the qualifications of
any other employees of the task force.
(d) The task force is an equal employment opportunity
employer, and the task force may not discriminate against or give
preferential treatment to any employee or job applicant on account
of the individual's race, color, sex, national origin, or religion.
Sec. 425.056. TRAINING. The task force shall acquire
equipment and facilities and conduct training necessary to carry
out the operational, intelligence, communication, logistics, and
administrative duties of the task force, including land, air, and
maritime responsibilities. The task force shall conduct the
training in the border region.
Sec. 425.057. AUTHORITY OF DEDICATED PERSONNEL. (a) A
person dedicated to the task force and its duties under Section
425.006 or 425.007 retains the authority of the office held by the
person with the dedicating state agency or local government and may
exercise any powers granted to the task force under this chapter
with the approval of the chief.
(b) The governing body, with the approval of the governor,
may assign the person additional duties consistent with the duties
of the task force under this chapter.
(c) Notwithstanding any other provision of this chapter, a
person dedicated to the task force may not be granted any powers or
authority that exceeds the powers or authority granted by other law
to the office held by the person with the dedicating state agency or
local government.
Sec. 425.058. USE OF DEDICATED PROPERTY. Any property,
including equipment or facilities, dedicated to the task force and
its duties under Section 425.006 or 425.007 may be used for the
purposes of the dedicating state agency or local government or the
purposes of the task force.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. 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, 2023.