88R4044 YDB-D     By: Slaton H.B. No. 209       A BILL TO BE ENTITLED   AN ACT   relating to border security enhancement projects, the creation of 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 established outside the general revenue fund and   administered by the department under this subchapter and rules   adopted by the commission under this subchapter.          (b)  The fund consists of:                (1)  money the legislature appropriates for deposit to   the credit of the fund; and                (2)  gifts, grants, and donations this state receives   for the purposes of the fund, including gifts, grants, and   donations made by other states or through crowdfunding.          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 only for:                (1)  the purposes of preventing:                      (A)  human trafficking; and                      (B)  illegal entry into the United States of:                            (i)  aliens without an appropriate federal   governmental authority's official approval;                            (ii)  terrorists;                            (iii)  instruments of terrorism; and                            (iv)  contraband, including narcotics and   other controlled substances; and                (2)  the following activities:                      (A)  planning, designing, constructing, and   maintaining along this state's international border water and   transportation infrastructure, technology, and commercial vehicle   inspection infrastructure at ports of entry; and                      (B)  clearing nonindigenous plants.          (b)  Using money from the fund, the department shall   construct a wall along this state's international border to be   named the "President Donald J. Trump Wall."  The wall must be   constructed to department specifications and to federal   specifications as provided in Executive Order 13767 (82 Fed. Reg.   8793 (January 30, 2017)).          Sec. 411.805.  CONTRACTS AND AGREEMENTS. The department may   enter into contracts and agreements as necessary to implement this   subchapter.          Sec. 411.806.  CONSULTATION. (a)  The department may not use   money from the fund to plan, design, construct, or maintain along   this state's international border water and transportation   infrastructure, technology, or commercial vehicle inspection   infrastructure, to clear nonindigenous plants, 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 to the federal government a request 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 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, 2024, 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 September 1, 2023.