By: Guillen, Raymond, Muñoz, Jr., H.B. No. 7       Morales of Maverick, Lopez of Cameron,     A BILL TO BE ENTITLED   AN ACT   relating to border protection and economic development services,   programs, and other measures, including establishing educational   programs and the border protection unit, in this state to address   the effects of ongoing disasters, including disasters caused by   transnational and other criminal activity and public health   threats.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. LEGISLATIVE FINDING          SECTION 1.01.  The legislature, acting with the governor,   has the solemn duty to protect and defend the citizens of this state   and maintain sovereignty over this state's borders.   ARTICLE 2. BORDER PROTECTION AGREEMENTS          SECTION 2.01.  Title 7, Government Code, is amended by   adding Chapter 794 to read as follows:   CHAPTER 794. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN   STATES          Sec. 794.001.  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 3. BORDER REGION COURT PROGRAM          SECTION 3.01.  Chapter 72, Government Code, is amended by   adding Subchapter H to read as follows:   SUBCHAPTER H. BORDER PROTECTION COURT GRANT PROGRAM          Sec. 72.201.  DEFINITIONS. In this subchapter:                (1)  "Border-related offense" means an offense:                      (A)  associated with or involving:                            (i)  a person unlawfully entering or   attempting to enter this state by crossing the Texas-Mexico border   at any place other than at a port of entry;                            (ii)  the smuggling of individuals or   contraband across the Texas-Mexico border; or                            (iii)  an operative of a transnational   cartel;                      (B)  similar to an offense described by Paragraph   (A) that the office by rule defines as a border-related offense for   purposes of this subchapter; or                      (C)  for which the office has determined   prosecutions have significantly increased as a result of Operation   Lone Star.                (2)  "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 with   the adjudication of border-related offenses.          (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 the processing and adjudicating of border-related   offenses; 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   border-related offenses.          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, the office 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 the grant program.          SECTION 3.02.  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 the safety and   security of the citizens of this state;                (4)  the construction and maintenance of temporary   border security infrastructure, including temporary barriers,   fences, wires, roads, 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;                (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 and   similar transportation facilities in the border region that provide   for detailed monitoring of commercial motor vehicles traveling   along the roadways and facilities.          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. BORDER PROTECTION PROPERTY DAMAGE PROGRAM          SECTION 5.01.  Article 59.06(t)(1), Code of Criminal   Procedure, is amended to read as follows:          (t)(1)  This subsection applies only to contraband for which   forfeiture is authorized with respect to an offense under Section   [20.05, 20.06,] 20.07, 43.04, or 43.05 or Chapter 20A, Penal Code.          SECTION 5.02.  Article 59.06, Code of Criminal Procedure, is   amended by adding Subsection (v) to read as follows:          (v)  Notwithstanding any other provision of this article,   with respect to forfeited property seized in connection with an   offense under Section 20.05 or 20.06, Penal Code, in a proceeding   under Article 59.05 in which judgment is rendered in favor of the   state, the attorney representing the state shall transfer the   proceeds from the sale of the forfeited property under Subsection   (a) to the comptroller for deposit to the credit of the border   property damage compensation program established under Chapter   56C.          SECTION 5.03.  Title 1, Code of Criminal Procedure, is   amended by adding Chapter 56C to read as follows:   CHAPTER 56C. BORDER PROPERTY DAMAGE COMPENSATION PROGRAM          Art. 56C.001.  DEFINITIONS. In this chapter:                (1)  "Border crime" means conduct:                      (A)  constituting an offense under:                            (i)  Subchapter D, Chapter 481, Health and   Safety Code;                            (ii)  Section 20.05, 20.06, or 38.04, Penal   Code; or                            (iii)  Chapter 20A, Penal Code; and                      (B)  involving transnational criminal activity.                (2)  "Border region" has the meaning assigned by   Section 772.0071, Government Code.                (3)  "Trespasser" has the meaning assigned by Section   75.007, Civil Practice and Remedies Code.          Art. 56C.002.  ADMINISTRATION; RULES. (a) The attorney   general shall adopt rules to administer this chapter.          (b)  Subchapters A and B, Chapter 2001, Government Code,   except Sections 2001.004(3) and 2001.005, apply to the attorney   general.          (c)  The attorney general may delegate to a person in the   attorney general's office a power or duty given to the attorney   general under this chapter.          Art. 56C.003.  BORDER PROPERTY DAMAGE COMPENSATION PROGRAM.   (a) From the funding sources described by Subsection (b), the   attorney general shall establish and administer a program to   compensate persons residing in the border region who suffer real or   personal property damage caused by:                (1)  a trespasser as a result of an offense under   Chapter 28, Penal Code, that was committed in the course of or in   furtherance of a border crime; or                (2)  a law enforcement response to a trespasser who was   engaged in a border crime.          (b)  The attorney general may use money from the following   sources to establish the program described by Subsection (a):                (1)  money appropriated, credited, or transferred by   the legislature for purposes of the program;                (2)  revenue that the legislature by statute dedicates   for deposit to the credit of the program;                (3)  investment earnings and interest earned on money   held for purposes of administering the program;                (4)  gifts, grants, and donations received by the state   for purposes of the program; and                (5)  proceeds received under Article 59.06(v).          (c)  The attorney general shall establish:                (1)  eligibility criteria for compensation under this   article, including requirements for providing proof of eligibility   for compensation;                (2)  application procedures;                (3)  criteria for evaluating applications and awarding   compensation;                (4)  guidelines related to compensation amounts,   provided that the maximum amount awarded per incident causing   damage may not exceed $75,000; and                (5)  procedures for monitoring the use of compensation   awarded under this article and ensuring compliance with any   conditions of the award.          (d)  The attorney general may not award compensation under   this article for property damage caused by a trespasser described   by Subsection (a)(1) unless the damage is documented in a written   report by a law enforcement agency as having occurred in connection   with a border crime.          (e)  In awarding compensation under this article for   property damage caused by a trespasser described by Subsection   (a)(1), the attorney general may not consider the outcome of any   criminal prosecution arising out of the offense under Chapter 28,   Penal Code, as a result of which the applicant suffered property   damage or the applicable offense listed in Article 56C.001(1)(A).          Art. 56C.004.  HEARINGS AND PREHEARING CONFERENCES. (a)   The attorney general shall determine whether a hearing on an   application for compensation under this chapter is necessary.          (b)  On determining that a hearing is not necessary, the   attorney general may approve the application.          (c)  On determining that a hearing is necessary or on request   for a hearing by the applicant, the attorney general shall consider   the application at a hearing at a time and place of the attorney   general's choosing. The attorney general shall notify all   interested persons not later than the 10th day before the date of   the hearing.          (d)  At the hearing the attorney general shall:                (1)  review the application for compensation; and                (2)  receive other evidence that the attorney general   finds necessary or desirable to evaluate the application properly.          (e)  The attorney general may appoint hearing officers to   conduct hearings or prehearing conferences under this chapter.          (f)  A hearing or prehearing conference is open to the public   unless the hearing officer or attorney general determines in a   particular case that all or part of the hearing or conference should   be held in private because a private hearing or conference is in the   interest of the applicant.          (g)  Subchapters C through H, Chapter 2001, Government Code,   do not apply to the attorney general or the attorney general's   orders and decisions.          Art. 56C.005.  ANNUAL REPORT. Not later than the 100th day   after the end of each state fiscal year, the attorney general shall   submit to the governor and the legislature a report on the attorney   general's activities under this chapter during the preceding fiscal   year that includes the following information, disaggregated by each   offense listed in Article 56C.001(1)(A):                (1)  the number of applications made;                (2)  the number of applicants receiving compensation;   and                (3)  the amount of compensation awarded.          Art. 56C.006.  PAYER OF LAST RESORT. (a) The program   established under Article 56C.003 is a payer of last resort for   property damage described by that article.          (b)  The attorney general may not award compensation to an   applicant under Article 56C.003 if the attorney general determines   that the applicant:                (1)  is eligible for reimbursement from another source,   including under an insurance contract or a state, local, or federal   program; and                (2)  failed to seek reimbursement from the source   described by Subdivision (1).   ARTICLE 6. EDUCATIONAL PROGRAM          SECTION 6.01.  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, the board 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 6.02.  (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, 2024, 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 7. ECONOMIC DEVELOPMENT INITIATIVE          SECTION 7.01.  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 8. BORDER PROTECTION PROGRAM OF DEPARTMENT OF PUBLIC   SAFETY          SECTION 8.01.  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:                      (A)  the Public Safety Commission; and                      (B)  either:                            (i)  the Director of the Department of   Public Safety; or                            (ii)  the unit chief of the Border   Protection Unit;                (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.          SECTION 8.02.  Section 411.002(a), Government Code, is   amended to read as follows:          (a)  The Department of Public Safety of the State of Texas is   an agency of the state to enforce the laws protecting the public   safety, [and] provide for the prevention and detection of crime,   and defend and secure the state's air, maritime, and land borders.   The department is composed of the Texas Rangers, the Texas Highway   Patrol, the Border Protection Unit, the administrative division,   and other divisions that the commission considers necessary.          SECTION 8.03.  Section 411.004, Government Code, is amended   to read as follows:          Sec. 411.004.  DUTIES AND POWERS OF COMMISSION. The   commission shall:                (1)  formulate plans and policies for:                      (A)  enforcement of state criminal, traffic, and   safety laws;                      (B)  prevention of crime;                      (C)  detection and apprehension of persons who   violate laws; [and]                      (D)  education of citizens of this state in the   promotion of public safety and the observance of law; and                      (E)  defense and security of this state's air,   maritime, and land borders;                (2)  organize the department and supervise its   operation;                (3)  adopt rules considered necessary for carrying out   the department's work;                (4)  maintain records of all proceedings and official   orders; and                (5)  biennially submit a report of its work to the   governor and legislature, including the commission's and director's   recommendations.          SECTION 8.04.  Section 411.006(a), Government Code, is   amended to read as follows:          (a)  Subject to Section 411.556, the [The] director shall:                (1)  be directly responsible to the commission for the   conduct of and act as executive director of the Texas Highway   Patrol, the Texas Rangers, and other administrative divisions and   departments assigned by the commission, other than the Border   Protection Unit [the department's affairs];                (2)  [act as executive director of the department;                [(3)]  act with the commission in an advisory capacity,   without vote;                (3) [(4)]  adopt rules, subject to commission   approval, considered necessary for the control of the department;                (4) [(5)]  issue commissions as law enforcement   officers, under the commission's direction, to all members of the   Texas Rangers and the Texas Highway Patrol and to other officers of   the department;                (5) [(6)]  appoint, with the advice and consent of the   commission, the head of a division or bureau provided for by this   chapter;                (6) [(7)]  quarterly, annually, and biennially submit   to the commission detailed reports of the operation of the   department, including statements of its expenditures; and                (7) [(8)]  prepare, swear to, submit to the governor,   and file in the department's records a quarterly statement   containing an itemized list of all money received and its source and   all money spent and the purposes for which it was spent.          SECTION 8.05.  Section 411.007(a), Government Code, is   amended to read as follows:          (a)  Subject to the provisions of this chapter, the director   may appoint, promote, reduce, suspend, or discharge any officer or   employee of the department, other than an officer or employee of the   Border Protection Unit.          SECTION 8.06.  Section 411.017(a), Government Code, is   amended to read as follows:          (a)  A person commits an offense if, without the director's   authorization, the person:                (1)  manufactures, sells, or possesses a badge,   identification card, or other item bearing a department insignia or   an insignia deceptively similar to the department's;                (2)  makes a copy or likeness of a badge,   identification card, or department insignia, with intent to use or   allow another to use the copy or likeness to produce an item bearing   the department insignia or an insignia deceptively similar to the   department's; or                (3)  uses the term "Texas Department of Public Safety,"   "Department of Public Safety," "Texas Ranger," [or] "Texas Highway   Patrol," or "Border Protection Unit" in connection with an object,   with the intent to create the appearance that the object belongs to   or is being used by the department.          SECTION 8.07.  Chapter 411, Government Code, is amended by   adding Subchapter S to read as follows:   SUBCHAPTER S. BORDER PROTECTION UNIT          Sec. 411.551.  DEFINITIONS. In this subchapter:                (1)  "Border region" has the meaning assigned by   Section 772.0071.                (2)  "Unit" means the Border Protection Unit.                (3)  "Unit chief" means the person appointed under   Section 411.555 as the unit chief.          Sec. 411.552.  BORDER PROTECTION UNIT; TERM OF   AUTHORIZATION. (a) The unit is a division under the commission   consisting of the number of commissioned officers and other   employees authorized by the legislature.          (b)  The unit is subject to appropriations by the legislature   and, unless continued in existence by the legislature, is abolished   December 31, 2030.          (c)  This subchapter expires December 31, 2030.          Sec. 411.553.  LIMITATION ON CERTAIN POWERS. The unit and   the department, as applicable, may provide law enforcement services   as authorized by this subchapter, including Sections 411.0095,   411.560(b), and 411.563, in a county in the border region only to   the extent authorized in writing by the commissioners court of that   county.          Sec. 411.554.  HEADQUARTERS. The unit must be headquartered   in the border region.          Sec. 411.555.  UNIT CHIEF. (a) The governor shall appoint a   United States citizen to serve as the unit chief of the Border   Protection Unit. The unit chief serves until removed by the   governor.          (b)  The unit chief may appoint, with the advice and consent   of the commission, deputy unit chiefs and assistant unit chiefs who   shall perform the duties that the unit chief designates. Deputy   unit chiefs and assistant unit chiefs serve until removed by the   unit chief.          (c)  The unit chief, deputy unit chiefs, and assistant unit   chiefs are entitled to annual salaries as provided by the   legislature.          Sec. 411.556.  GENERAL POWERS AND DUTIES OF UNIT AND UNIT   CHIEF. (a) The unit chief shall:                (1)  be directly responsible to the commission for all   conduct of the unit, but may be removed only by the governor under   Section 411.555;                (2)  act as the executive director of the unit;                (3)  act with the commission in an advisory capacity,   without vote;                (4)  adopt rules, subject to commission approval,   considered necessary for the control and general administration of   the unit, including rules governing the procurement of facilities   and equipment for the unit and the training and working conditions   for unit personnel;                (5)  issue commissions as law enforcement officers,   under the commission's direction, to members of the unit;                (6)  create as necessary, with the advice and consent   of the commission, operational or administrative divisions within   the unit and appoint heads of those divisions;                (7)  employ as necessary commissioned officers and   other employees to perform unit operations and functions;                (8)  quarterly, annually, and biennially submit to the   commission detailed reports of the operation of the unit, including   statements of its expenditures; and                (9)  prepare, swear to, submit to the governor, and   file in the unit's records a quarterly statement containing an   itemized list of all money received and its source and all money   spent and the purposes for which it was spent.          (b)  The unit chief or unit chief's designee shall provide to   members of the commission and to employees of the unit, as often as   necessary, information regarding the requirements for office or   employment under this chapter, including information regarding a   person's responsibilities under applicable law relating to   standards of conduct for state officers or employees.          (c)  Subject to Subsection (d), the following provisions   apply to the unit chief with respect to the unit in the same manner   as the provisions apply to the director with respect to the   department or, as applicable, apply to the unit when acting at the   direction of the unit chief in the same manner as the provisions   apply to the department when acting at the direction of the   director:                (1)  Section 411.007;                (2)  Section 411.0071;                (3)  Section 411.0075;                (4)  Section 411.0079;                (5)  Section 411.009;                (6)  Section 411.0095;                (7)  Section 411.0097, as added by Section 3, Chapter   556 (H.B. 1239), Acts of the 79th Legislature, Regular Session,   2005;                (8)  Section 411.0097, as added by Section 1, Chapter   693 (S.B. 293), Acts of the 79th Legislature, Regular Session,   2005;                (9)  Section 411.0098;                (10)  Section 411.013(b);                (11)  Section 411.0131;                (12)  Section 411.0132;                (13)  Section 411.0141(e);                (14)  Section 411.015;                (15)  Section 411.016;                (16)  Section 411.0161;                (17)  Section 411.0162;                (18)  Section 411.0163;                (19)  Section 411.0164;                (20)  Section 411.017;                (21)  Section 411.018;                (22)  Sections 411.0207(c)(1)-(5);                (23)  Sections 411.0208(d) and (e);                (24)  Section 411.0209;                (25)  Section 411.02095;                (26)  Section 411.0865;                (27)  Section 411.087(e);                (28)  Section 411.0891; and                (29)  Section 411.154.          (d)  The director may not exercise any operational or   administrative control over the unit chief or the unit. The unit   chief may not exercise any operational or administrative control   over the director or the department, other than the unit.          (e)  The unit is a criminal justice agency for purposes of   this chapter.          (f)  The unit is a law enforcement agency for purposes of   Section 411.1471(b).          (g)  The unit may assist local law enforcement with the   investigation of crime.          Sec. 411.557.  OFFICE OF AUDIT AND REVIEW FOR UNIT. The   governor shall establish the office of audit and review within the   unit and appoint the director of the office to perform the duties   under Subchapter I with respect to the unit. The director of the   office of audit and review of the unit shall serve until removed by   the governor.          Sec. 411.558.  INSPECTOR GENERAL FOR UNIT. (a) The governor   shall establish the office of the inspector general within the unit   and appoint the inspector general of the unit who shall perform with   respect to the unit the duties of Subchapter I-1 or as may be   provided by other law. The inspector general of the unit shall   serve until removed by the governor.          (b)  The inspector general of the unit is responsible for:                (1)  preparing and delivering assessments concerning   the administration of the unit to the governor, the legislature,   and the unit chief;                (2)  acting to prevent and detect serious breaches of   unit policy, fraud, and abuse of office, including any acts of   criminal conduct within the unit; and                (3)  independently and objectively reviewing,   investigating, delegating, and overseeing the investigation of:                      (A)  conduct described by Subdivision (2);                      (B)  criminal activity occurring within the unit;                      (C)  allegations of wrongdoing by unit employees;                      (D)  crimes committed on unit property; and                      (E)  serious breaches of unit policy.          Sec. 411.559.  OFFICERS; OTHER EMPLOYEES. (a) The unit   chief may employ commissioned officers meeting the qualifications   described by Section 411.561 to perform the duties of the unit.   Those officers are entitled to compensation as provided by the   legislature and must be recruited and trained within the border   region to the extent practicable.          (b)  The unit chief may employ individuals who are not   officers as necessary to carry out the duties of the unit.          (c)  Subject to the provisions of this chapter, the unit   chief may appoint, promote, reduce, suspend, or discharge any   officer or employee of the unit.          Sec. 411.5591.  USE OF PERSONAL VEHICLE PROHIBITED.   Notwithstanding any other provision of this subchapter, an officer   or other employee of the unit may not use the officer's or   employee's personal vehicle to conduct a traffic stop for any   purpose related to the officer's or employee's duties.          Sec. 411.560.  AUTHORITY OF OFFICERS. (a) A commissioned   officer of the unit is governed by the law regulating and defining   the powers and duties of sheriffs performing similar duties, except   that the officer may make arrests and execute processes in a   criminal case in any county in the border region.          (b)  A commissioned officer of the unit may, to the extent   consistent with the United States and Texas Constitutions, arrest,   apprehend, or detain persons crossing the Texas-Mexico border   unlawfully, and deter persons attempting to cross the border   unlawfully, including with the use of non-deadly crowd control   measures.          Sec. 411.561.  QUALIFICATIONS. (a) To be a commissioned   officer of the unit, a person must hold a peace officer license   issued under Chapter 1701, Occupations Code, and meet any other   qualifications set by the commission.          (a-1)  The unit chief may not employ an officer or other   employee if the officer or other employee:                 (1)  has been convicted of a violent offense; or                (2)  has been dishonorably discharged from the armed   forces of the United States or the Texas military forces as shown by   the service member's release or discharge documentation.          (a-2)  For purposes of Subsection (a-1):                 (1)  "Texas military forces" has the meaning assigned   by Section 437.001.                (2)  "Violent offense" means an offense under the law   of any state that has as an element the use, attempted use, or   threatened use of physical force against any person.           (b)  The unit is an equal employment opportunity employer and   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. 411.562.  FACILITIES AND EQUIPMENT; TRAINING. The unit   shall acquire equipment and facilities and conduct training   necessary to fulfill the operational, intelligence, communication,   logistics, and administrative duties provided by this chapter and   the unit chief.          Sec. 411.563.  LAW ENFORCEMENT BORDER PROTECTION FUNCTIONS.   The unit chief and director may order commissioned officers under   their authority to take, and the commissioned officers may take,   the following actions to the extent consistent with the United   States and Texas Constitutions:                (1)  deter and repel persons attempting to enter this   state unlawfully at locations other than ports of entry;                (2)  return aliens to Mexico who:                      (A)  have been observed actually crossing the   Texas-Mexico border unlawfully; and                      (B)  were apprehended, detained, or arrested in   the vicinity of the Texas-Mexico border; and                (3)  enhance the examination of aircraft, ships,   vehicles, railcars, and cargo at or near ports of entry for the   purposes of interdicting fentanyl and other dangerous drugs and   interdicting human smuggling.          Sec. 411.564.  OPERATIONAL PLAN TO COORDINATE BORDER   SECURITY. (a) The unit shall develop and recommend to the governor   and report to the legislature a strategic plan that establishes the   framework for the budget and operations of the unit, including   homeland security strategies and the assistance of other state and   local entities. The unit shall annually report to the governor and   the legislature on the implementation of the strategic plan.          (b)  The unit shall include in the strategic plan goals,   objectives, and performance measures that involve collaboration   with other state agencies and local entities.          (c)  The unit shall create plans and conduct operations   consistent with the strategic plan.          SECTION 8.08.  As soon as practicable after the effective   date of this Act, the governor shall appoint the unit chief as   prescribed by Section 411.555, Government Code, as added by this   Act.   ARTICLE 9. SEVERABILITY          SECTION 9.01.  (a) If any provision of this Act or its   application to any person or circumstance is held invalid, the   invalidity does not affect other provisions or applications of this   Act that can be given effect without the invalid provision or   application, and to this end the provisions of this Act are declared   to be severable.          (b)  Subsection (a) of this section does not affect another   severability provision contained in this Act.   ARTICLE 10. EFFECTIVE DATE          SECTION 10.01.  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.