88R25151 JCG-F     By: Guillen, et al. H.B. No. 7     Substitute the following for H.B. No. 7:     By:  Slawson C.S.H.B. No. 7       A BILL TO BE ENTITLED   AN ACT   relating to services and programs in the southern border region of   this state to address the effects of ongoing criminal activity and   public health threats in that region.          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 shall 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 SPECIALTY 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 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 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.          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. 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. 72.206.  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. GRANT PROGRAMS FOR INFRASTRUCTURE, FACILITIES,   EQUIPMENT, AND SERVICES IN THE BORDER REGION          Sec. 421.111.  DEFINITIONS. In this subchapter:                (1)  "Border region" has the meaning assigned by   Section 772.0071.                (2)  "Division" means the criminal justice division   established under Section 772.006.                (3)  "Local government" means a municipality, county,   special purpose district, or other political subdivision of this   state.          Sec. 421.112.  GRANTS PROGRAMS. From money appropriated for   that purpose, the division shall establish and administer:                (1)  the Border Protection Equipment and   Infrastructure Fund to award grants to state agencies and local   governments located or operating in the border region for 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 and for 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;                (2)  the Border Protection Criminal Justice Facilities   Fund to award grants to state agencies, local governments, or   private entities located or operating in the border region for the   construction and maintenance of facilities related to prosecuting   and adjudicating offenses committed in the border region, including   court facilities, processing facilities, detention facilities,   criminal justice centers, and other similar facilities;                (3)  the Border Protection Public Safety Personnel Fund   to award grants to state agencies or local governments located or   operating in the border region for the payment of staff salaries and   benefits and the payment of operational expenses related to   providing law enforcement services; and                (4)  the Border Protection Secure Trade Fund to award   grants to state agencies, local governments, entities operating   ports of entry, or private entities located or operating in the   border region for 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 for the construction or improvement of   roadways and similar transportation facilities that provide for   detailed monitoring of commercial motor vehicles traveling along   the roadways and facilities in the border region.          Sec. 421.113.  FEDERAL FUNDS; GIFTS, GRANTS, AND DONATIONS.   In addition to other funds appropriated by the legislature and for   purposes of administering and funding the grant programs   established under Section 421.112, the division 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 programs.          Sec. 421.114.  RULES. (a) The governor shall adopt rules   for the administration of this subchapter.          (b)  In adopting the rules, the governor shall solicit from   public officials and community leaders in the border region and any   other interested stakeholders information necessary to identify   the greatest needs for financial assistance in that region.          (c)  In adopting rules that relate to the grant program   established under Section 421.112(4), the governor shall consult   federal agencies, state agencies, local governments, and private   entities with particular knowledge and expertise on the:                (1)  investigation, interdiction, and prosecution of   persons smuggling individuals and contraband over the Texas-Mexico   border; and                (2)  construction or improvement of roadways and   similar transportation facilities that provide for detailed   monitoring of commercial motor vehicles traveling along the   roadways and facilities.          (d)  The rules must include:                (1)  administrative provisions for grants awarded   under this subchapter, including:                      (A)  eligibility criteria for grant applicants;                      (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                (3)  provisions for donations to the grant program   established under Section 421.112(1).          Sec. 421.115.  GRANT AMOUNTS. The amount of a grant awarded   under this subchapter may not exceed the amount set by the General   Appropriations Act.          Sec. 421.116.  REPORTING REQUIREMENTS. The recipient of a   grant awarded under this subchapter shall submit to the division 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. 421.117.  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 with respect to   Subchapter G, Chapter 421, Government Code, as added by this Act:                (1)  adopt rules as necessary to implement the   subchapter; and                (2)  establish the grant programs required by the   subchapter.   ARTICLE 5. BORDER PROTECTION PROPERTY DAMAGE ACCOUNT          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, 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 account established under Chapter 421A, Government   Code.          SECTION 5.03.  Subtitle B, Title 4, Government Code, is   amended by adding Chapter 421A to read as follows:   CHAPTER 421A. BORDER PROPERTY DAMAGE COMPENSATION ACCOUNT          Sec. 421A.001.  DEFINITIONS. In this chapter:                (1)  "Account" means the border property damage   compensation account established under this chapter.                (2)  "Border region" has the meaning assigned by   Section 772.0071.                (3)  "Division" means the criminal justice division   established under Section 772.006.          Sec. 421A.002.  LEGISLATIVE FINDING. The legislature finds   that a person in the border region who incurs actual damages to the   person's real or personal property is a victim of crime for purposes   of Section 31, Article I, Texas Constitution, if the damage is   caused by:                (1)  a person who entered or attempted to enter this   state by crossing the Texas-Mexico border at a place other than at a   port of entry;                (2)  a person who assisted a person described by   Subdivision (1); or                (3)  a law enforcement action taken to repel, arrest,   or detain a person described by Subdivision (1) or (2).          Sec. 421A.003.  ACCOUNT ESTABLISHED. (a) The border   property damage compensation account is:                (1)  created within the compensation to victims of   crime fund; and                (2)  administered by the division under rules adopted   by the governor for the purposes authorized by this chapter.          (b)  The account consists of:                (1)  money appropriated, credited, or transferred to   the account by the legislature;                (2)  revenue that the legislature by statute dedicates   for deposit to the credit of the account;                (3)  investment earnings and interest earned on money   in the account;                (4)  gifts, grants, and donations received by the state   for the purpose of the account; and                (5)  proceeds received under Article 59.06(v), Code of   Criminal Procedure.          Sec. 421A.004.  USE OF MONEY; COMPENSATION PROGRAM.   Notwithstanding any other law, from money appropriated from the   account for that purpose, the division shall establish a program to   compensate a person residing in the border region for actual   damages to the person's real or personal property caused by:                (1)  a person who entered or attempted to enter this   state by crossing the Texas-Mexico border at a place other than at a   port of entry;                (2)  a person who assisted a person described by   Subdivision (1); or                (3)  a law enforcement action taken to repel, arrest,   or detain a person described by Subdivision (1) or (2).          Sec. 421A.005.  RULES. The governor may adopt rules to   administer this chapter.   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.          Sec. 481.244.  GIFTS, GRANTS, AND DONATIONS. To achieve 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. EFFECTIVE DATE          SECTION 8.01.  This Act takes effect September 1, 2023.