By: Guillen H.B. No. 13       A BILL TO BE ENTITLED   AN ACT   relating to measures to address public safety threats in this state   presented by transnational criminal activity, including by   establishing the Texas Homeland Security Division and the Border   Security Advisory Council, and to compensate persons affected by   those threats.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. LEGISLATIVE FINDING          SECTION 1.01.  (a) 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.          (b)  An individual entering this state from a foreign country   shall enter through a legal port of entry.          (c)  The failure of the federal government to ensure that   individuals entering this state from a foreign country do so   through a legal port of entry requires action to be taken by the   governor and the legislature of this state.   ARTICLE 2. TEXAS HOMELAND SECURITY DIVISION          SECTION 2.01.  Article 2.12, Code of Criminal Procedure, as   amended by Chapters 624 (H.B. 4372), 870 (H.B. 3981), 950 (S.B.   1727), and 984 (S.B. 2612), Acts of the 88th Legislature, Regular   Session, 2023, is reenacted and 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 or   37.0818, 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)  officers appointed by the inspector general of   the Texas Juvenile Justice Department under Section 242.102, 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)  the fire marshal and any related officers,   inspectors, or investigators commissioned by a county under   Subchapter B, Chapter 352, Local Government Code;                (34) [(35)]  fire marshals and any related officers,   inspectors, or investigators of a municipality who hold a permanent   peace officer license issued under Chapter 1701, Occupations Code;   [and]                (35)  Alamo complex rangers commissioned by the General   Land Office under Section 31.0515, Natural Resources Code, subject   to the limitations imposed by that section; and                (36)  officers of the Texas homeland security division   commissioned by the secretary of homeland security under Section   426.202, Government Code.          SECTION 2.02.  Subtitle B, Title 4, Government Code, is   amended by adding Chapter 426 to read as follows:   CHAPTER 426. TEXAS HOMELAND SECURITY DIVISION   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 426.001.  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)  "Division" means the Texas homeland security   division established under this chapter.                (4)  "Federal agency" means a board, commission,   department, office, or other agency in the executive branch of the   federal government.                (5)  "Local government" means a municipality, county,   special purpose district, or other political subdivision of this   state.                (6)  "Office" means the office of the governor.                (7)  "Port of entry" means a port of entry described by   Part 101, Title 19, Code of Federal Regulations (19 C.F.R. Part 101)   or 22 C.F.R. Section 40.1.                (8)  "Secretary" means the secretary of homeland   security appointed under this chapter.                (9)  "State agency" means a board, commission,   department, office, or other agency in the executive branch of   state government.          Sec. 426.002.  TEXAS HOMELAND SECURITY DIVISION   ESTABLISHED. The office shall establish the Texas homeland   security division as a division within the office 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.          Sec. 426.003.  SECRETARY OF HOMELAND SECURITY. (a) The   governor shall appoint a United States citizen to serve as the   secretary of homeland security. The secretary is the executive   head of the division and serves until the earlier of:                (1)  September 1, 2031; or                (2)  removal by the governor.          (b)  The secretary may appoint, with the advice and consent   of the governor, deputy secretaries and assistant secretaries who   shall perform the duties that the secretary designates. Deputy   secretaries and assistant secretaries serve until removed by the   secretary.          (c)  The secretary, deputy secretaries, and assistant   secretaries are entitled to annual salaries as provided by the   legislature.          Sec. 426.004.  TERM OF AUTHORIZATION. (a) The division 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. 426.005.  HEADQUARTERS; REGIONAL OFFICES. The division   must be headquartered in the border region. The division may   establish regional offices along the Texas-Mexico border.          Sec. 426.006.  COOPERATION WITH BORDER PROSECUTION UNIT.   (a) In this section, "border prosecution unit" means the border   prosecution unit established under Section 772.052.          (b)  The division shall cooperate with the border   prosecution unit to carry out the duties of the division and the   unit.          (c)  The border prosecution unit as needed may assign a   prosecutor from the unit to the division headquarters or any   regional office of the division.          Sec. 426.007.  GIFTS, GRANTS, AND DONATIONS. The division   may accept gifts, grants, and donations from any source, including   private and nonprofit organizations, for the purpose of   implementing this chapter.          Sec. 426.008.  FEDERAL, STATE, AND LOCAL COOPERATION. The   division shall coordinate with any federal agency, any state   agency, or any local government as necessary to carry out the duties   of the division.          Sec. 426.009.  NO LIMITATION ON DIVISION AUTHORITY BY LOCAL   GOVERNMENTS. A local government may not by any means limit the   jurisdiction or authority of the division.   SUBCHAPTER B. CONSOLIDATION OF BORDER OPERATIONS          Sec. 426.051.  CONSOLIDATION OF STATE AGENCY BORDER   OPERATIONS. (a) The secretary shall identify resources the   division 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 secretary may identify any resources dedicated to   border security that are owned or controlled by:                (1)  the office of the attorney general;                (2)  the Department of Public Safety;                (3)  the Texas Military Department;                (4)  the Parks and Wildlife Department;                (5)  the Texas Alcoholic Beverage Commission;                (6)  the Texas Department of Criminal Justice;                (7)  the Texas Commission on Jail Standards;                (8)  the Texas Commission on Law Enforcement;                (9)  the Office of Court Administration of the Texas   Judicial System;                (10)  the Department of State Health Services;                (11)  the Texas Department of Motor Vehicles;                (12)  the Texas Division of Emergency Management;                (13)  the State Soil and Water Conservation Board; and                (14)  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 division and its duties.          Sec. 426.052.  REIMBURSEMENT FOR STATE USE OF LOCAL   GOVERNMENT RESOURCES. (a) The secretary shall identify resources   the division 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   division dedicate those resources to the division and its duties.          (c)  A local government that dedicates resources to the   division 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. 426.053.  EMPLOYMENT OF DEDICATED PERSONNEL;   COOPERATIVE WORK. (a) A person who is dedicated to the division   under Section 426.051 or 426.052 remains an employee of the   assigning state agency or local government but the person may be   assigned duties by the secretary.          (b)  A person who is dedicated to the division shall work   cooperatively with employees of the division and other persons   dedicated to the division under the guidance of the secretary to   achieve effectiveness in efforts by state agencies and local   governments to enforce the law in the border region.          Sec. 426.054.  AUTHORITY OF DEDICATED PERSONNEL. (a) A   person dedicated to the division and its duties under Section   426.051 or 426.052 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 division under this chapter with   the approval of the secretary.          (b)  The secretary, with the approval of the governor, may   assign the person additional duties consistent with the duties of   the division under this chapter.          (c)  Notwithstanding any other provision of this chapter, a   person dedicated to the division 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. 426.055.  USE OF DEDICATED PROPERTY. Any property,   including equipment or facilities, dedicated to the division and   its duties under Section 426.051 or 426.052 may be used for the   purposes of the dedicating state agency or local government or the   purposes of the division.   SUBCHAPTER C. POWERS AND DUTIES          Sec. 426.101.  GENERAL POWERS AND DUTIES OF DIVISION AND   SECRETARY. (a) The secretary shall:                (1)  be directly responsible to the governor for all   conduct of the division;                (2)  act as the chief administrative officer of the   division;                (3)  act with the Border Security Advisory Council in   an advisory capacity, without vote;                (4)  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;                (5)  organize the division and supervise its operation;                (6)  maintain records of all division proceedings and   official orders;                (7)  adopt rules and policies, subject to the   governor's approval, considered necessary for the control and   general administration of the division, including rules governing   the procurement of facilities and equipment for the division and   the training and working conditions for division personnel;                (8)  issue commissions as peace officers, under the   governor's direction, to members of the division;                (9)  create as necessary, with the advice and consent   of the governor, operational or administrative entities within the   division and appoint heads of those entities;                (10)  employ as necessary commissioned officers and   other employees to perform division operations and functions;                (11)  quarterly, annually, biennially, and any other   time on the governor's request submit to the governor and the Border   Security Advisory Council detailed reports of the operation of the   division, including statements of its expenditures; and                (12)  prepare, swear to, submit to the governor, and   file in the division'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 secretary or secretary's designee shall provide to   the governor and to employees of the division, 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.          Sec. 426.102.  BORDER OPERATIONS. The division may conduct   border security operations along the Texas-Mexico border,   including:                (1)  law enforcement operations;                (2)  intelligence gathering, analysis, and   dissemination;                (3)  surveillance and detection of criminal activity,   including improper entry of individuals from foreign nations and   the smuggling of individuals and controlled substances, using   cameras, unmanned aircraft, and other technologies;                (4)  coordination of local, state, and federal agencies   conducting border security operations, including tactical   operations such as special response teams, brush teams, and special   weapons and tactics teams;                (5)  coordination and command of state agencies in   border security operations led by the division;                (6)  training and education programs for the   professional development of employees and agency partners carrying   out border security operations; and                (7)  assisting local law enforcement with the   investigation of crime.          Sec. 426.103.  LAW ENFORCEMENT BORDER PROTECTION FUNCTIONS.   The secretary may order commissioned officers under the secretary's   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)  remove illegal aliens from this state 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. 426.104.  PURCHASE, DEPLOYMENT, AND MAINTENANCE OF   CERTAIN TECHNOLOGY AND EQUIPMENT. (a) The division, at the request   of the governor, shall purchase, deploy, and maintain technology   and equipment to enhance the division's ability to detect and   suppress criminal activity along the Texas-Mexico border,   including:                (1)  temporary border security infrastructure,   including temporary barriers, buoys, fences, wires, roads,   trenches, surveillance technology, real time multimedia   interoperability technology, or other improvements, designed or   adapted to detect, surveil, impede, or interdict the movement of   persons or objects across the Texas-Mexico border at locations   other than ports of entry;                (2)  surveillance and detection technology to be   deployed at and near each port of entry along the Texas-Mexico   border to detect and deter the improper entry of individuals from   foreign nations and the smuggling of individuals and controlled   substances, such as fentanyl, cocaine, heroin, and   methamphetamine; and                (3)  facilities, equipment, and services to remove   illegal immigrants from this state.          (b)  The Homeland Security Division shall staff a sufficient   number of commercial vehicle inspectors to inspect vehicles using   technology described by Subsections (a)(1) and (a)(2) without   impeding the efficient flow of trade.          Sec. 426.105.  OPERATIONAL PLAN TO COORDINATE BORDER   PROTECTION. (a) The secretary or the secretary's designee shall   develop and recommend to the governor, the legislature, and the   Border Security Advisory Council a strategic plan that establishes   the framework for the budgeting and operations of the division,   including homeland security strategies, to be administered by the   division and state agencies that provide assistance to the   division.          (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 secretary shall annually report to the governor, the   legislature, and the Border Security Advisory Council on the   implementation of the strategic plan.          Sec. 426.106.  ADVISORY COUNCIL ON BORDER PROTECTION   TECHNOLOGY AND EQUIPMENT; STRATEGIC PLAN. (a) In this section,   "advisory council" means the advisory council on border protection   technology and equipment established under Subsection (b).          (b)  The advisory council on border protection technology   and equipment is established within the division.          (c)  The secretary shall determine the membership of the   advisory council. In determining the membership of the council   under this subsection, the secretary shall consider potential   members with expertise in domestic and international strategies   relating to border protection technology and equipment, including   members from local, state, and federal law enforcement, research   organizations, and private industry.          (d)  The advisory council shall develop and recommend to the   governor, the legislature, and the Border Security Advisory Council   a strategic plan that includes a framework for budgeting for and the   procurement, implementation, and operation of border protection   technology and equipment for state agencies and local governments   and for other factors relating to border security.          (e)  The strategic plan under Subsection (d) must include:                (1)  goals and performance measures relating to border   protection that promote collaboration and the interoperability of   state agencies and local governments;                (2)  an evaluation of the relationship between   financial efficiency and operative effectiveness for different   types of border protection technology and equipment; and                (3)  an evaluation of 8 U.S.C. Section 1325(a) and any   other applicable federal laws relating to the requirement that an   alien may only be admitted to the United States at a port of entry.          (f)  At least twice each calendar year, the council shall   update the strategic plan under Subsection (d) and report the   governor, the legislature, and the Border Security Advisory Council   on the recommendations of the strategic plan.          Sec. 426.107.  TECHNOLOGY POLICY; REVIEW. (a) The office   shall implement a policy requiring the division to use appropriate   technological solutions to improve the division's ability to   perform its functions. The policy must ensure that the division's   capability to conduct border security operations and similar   functions is not impeded by the use of obsolete or outdated   technologies.          (b)  The office shall periodically review, based on the   recommendations of the advisory council on border protection   technology and equipment, emerging technologies that may be   deployed for border security operations, including technologies   and equipment described by Section 426.104(a)(1), (a)(2), and   (a)(3), to ensure the division consistently adopts innovative   technologies and solutions for those operations.          (c)  The office shall hold an annual technology fair at which   vendors of emerging technologies and equipment that may be used for   border protection demonstrate the capabilities of the products.          (d)  The inaugural event required under Subsection (c) must   be held no later than September 1, 2024.   SUBCHAPTER D. HIRING, STAFFING, AND TRAINING; AUTHORITY OF   OFFICERS AND OTHER EMPLOYEES          Sec. 426.201.  REGIONAL COMMANDERS. The secretary, with the   approval of the governor, may appoint regional commanders to   oversee the regional offices authorized by Section 426.005.          Sec. 426.202.  OFFICERS AND OTHER EMPLOYEES. (a) The   secretary may commission, with the approval of the governor,   officers of the division as peace officers.          (b)  The secretary may hire any employees as necessary to   carry out the duties of the division, including noncommissioned   officers.          (c)  Officers of the division are entitled to compensation as   provided by the legislature and must be recruited and trained   within the border region to the extent practicable.          (d)  Subject to the provisions of this chapter, the secretary   may appoint, promote, reduce, suspend, or discharge any officer or   employee of the division.          (e)  Notwithstanding any other provision of this chapter,   each officer commissioned or hired by the secretary under this   section is subject to a one-year probationary period, regardless of   the officer's rank or salary classification.          Sec. 426.203.  HIRING OFFICERS WITH PREVIOUS BORDER PATROL,   TEXAS DEPARTMENT OF PUBLIC SAFETY, OR MILITARY EXPERIENCE.   Notwithstanding any other provision of law, the division may, at   the time an officer is hired for the division, elect to credit up to   four years of experience as a Border Patrol Agent of the United   States Customs and Border Protection, or as an Officer of the Texas   Department of Public Safety, or a member of the armed forces of the   United States for the purpose of calculating the officer's salary   under Section 426.202(c).          Sec. 426.204.  QUALIFICATIONS. (a) To be a commissioned   officer of the division, a person must hold a peace officer license   issued under Chapter 1701, Occupations Code, and meet any other   qualifications set by the secretary.          (b)  To be a noncommissioned officer of the division, a   person must meet the qualifications set by the secretary by rule.          (c)  The secretary may provide by rule for the qualifications   of any other employees of the division.          (d)  The secretary 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.          (e)  For purposes of Subsection (d):                (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.          (f)  The division 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. 426.205.  TRAINING. (a) The division shall acquire   equipment and facilities and conduct training necessary to carry   out the operational, intelligence, communication, logistics, and   administrative duties of the division provided by this chapter or   the secretary. The division shall conduct the training in the   border region.          (b)  The division shall expand programs for training   officers to serve as members of a brush team.          Sec. 426.206.  AUTHORITY OF OFFICERS. (a) A commissioned   officer of the division 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 this state.          (b)  A commissioned officer of the division 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, up to with the use of non-deadly crowd control   measures.          Sec. 426.207.  USE OF PERSONAL VEHICLE PROHIBITED.   Notwithstanding any other provision of this chapter, an officer or   other employee of the division 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.   SUBCHAPTER E. OFFICE OF AUDIT AND REVIEW; OFFICE OF INSPECTOR   GENERAL          Sec. 426.251.  OFFICE OF AUDIT AND REVIEW FOR DIVISION. (a)   The governor shall establish the office of audit and review within   the division and appoint a director to perform the duties under this   section. The director of the office of audit and review of the   division shall serve until removed by the governor.          (b)  The director of the office of audit and review must   satisfy the requirements to be the division's internal auditor   under Section 2102.006(b) and is considered to be the division's   internal auditor for purposes of Chapter 2102.          (c)  The office of audit and review shall coordinate   activities designed to promote effectiveness in the division's   operations and to keep the governor and the legislature fully   informed about deficiencies within the division. The office of   audit and review shall:                (1)  inspect and audit division programs and operations   for efficiency, uniformity, and compliance with established   procedures and develop recommendations for improvement;                (2)  coordinate and be responsible for promoting   accountability, integrity, and efficiency in the division; and                (3)  provide the governor with information relevant to   its oversight of the division.          (d)  The division shall provide the director of the office of   audit and review with access to any records, data, or other   information necessary to fulfill the purposes of this section.          (e)  The director of the office of audit and review shall,   with the advice and consent of the governor, determine which audits   and inspections to perform and may publish the findings and   recommendations of the office of audit and review.          (f)  The director of the office of audit and review shall:                (1)  report to the governor regarding audits and   inspections planned and the status and findings of those audits and   inspections; and                (2)  report to the secretary for administrative   purposes and keep the secretary informed of any findings of the   office of audit and review.          (g)  The office of audit and review shall:                (1)  independently and objectively inspect the   division to:                      (A)  ensure that operations are conducted   efficiently, uniformly, and in compliance with established   procedures; and                      (B)  make recommendations for improvements in   operational performance;                (2)  independently and objectively audit the division   to:                      (A)  promote economy, effectiveness, and   efficiency within the division;                      (B)  prevent and detect fraud, waste, and abuse in   division programs and operations; and                      (C)  make recommendations about the adequacy and   effectiveness of the division's system of internal control policies   and procedures;                (3)  advise in the development and evaluation of the   division's performance measures;                (4)  review actions taken by the division to improve   program performance and make recommendations for improvement;                (5)  review and make recommendations to the governor   and the legislature regarding rules, laws, and guidelines relating   to division programs and operations;                (6)  keep the governor, secretary, and legislature   fully informed of problems in division programs and operations; and                (7)  ensure effective coordination and cooperation   among the state auditor's office, legislative oversight   committees, and other governmental bodies while attempting to avoid   duplication.          (h)  Chapter 2102 applies to the office of audit and review.          Sec. 426.252.  INSPECTOR GENERAL FOR DIVISION. (a) The   governor shall establish the office of the inspector general within   the division and appoint the inspector general of the division. The   inspector general of the division shall serve until removed by the   governor.          (b)  The inspector general of the division is responsible   for:                (1)  preparing and delivering assessments concerning   the administration of the division to the governor, the   legislature, and the secretary;                (2)  acting to prevent and detect serious breaches of   division policy, fraud, and abuse of office, including any acts of   criminal conduct within the division; 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   division;                      (C)  allegations of wrongdoing by division   employees;                      (D)  crimes committed on division property; and                      (E)  serious breaches of division policy.          (c)  The inspector general of the division shall report   directly to the governor regarding performance of and activities   related to investigations and provide the secretary with   information regarding investigations as appropriate.          (d)  The inspector general of the division shall regularly   present to the governor:                (1)  reports of investigations; and                (2)  a summary of information relating to   investigations conducted under this section that includes analysis   of the number, type, and outcome of investigations, trends in the   investigations, and recommendations to avoid future complaints.          SECTION 2.03.  Chapter 820, Government Code, is amended by   adding Subchapter A-3 to read as follows:   SUBCHAPTER A-3. MILITARY SERVICE CREDIT FOR CERTAIN MEMBERS HIRED   BY TEXAS HOMELAND SECURITY DIVISION          Sec. 820.041.  CERTAIN MILITARY SERVICE CREDIT WITHOUT   PURCHASE. (a) A cash balance group member hired by the office of   the governor for the Texas homeland security division under Chapter   426 who served active federal duty in the armed forces of the United   States and obtains a peace officer license issued under Chapter   1701, Occupations Code, while employed with the division may   establish military service credit not to exceed six months in the   retirement system for the purposes described by Subsection (c) by   submitting a request to the system in a form and manner prescribed   by the system.          (b)  The retirement system shall grant the military service   credit of a member who submits a request as provided by Subsection   (a) after the system verifies that the member is a cash balance   group member and served the military service required by that   subsection.          (c)  Military service credit established under this section   may be used only to determine whether the cash balance group member   is eligible to retire and receive a cash balance annuity under this   chapter. The service credit does not affect eligibility for any   other purpose, including for purposes of determining eligibility to   participate in the group benefits program established under Chapter   1551, Insurance Code.          SECTION 2.04.  Subchapter C, Chapter 2155, Government Code,   is amended by adding Section 2155.151 to read as follows:          Sec. 2155.151.  CERTAIN PURCHASES BY OFFICE OF THE GOVERNOR   (a) The office of the governor is delegated all purchasing   functions relating to the purchase of technologies and equipment   for use by the Texas homeland security division in border security   operations, including technology and equipment described by   Section 426.104, to ensure the division consistently adopts   innovative technologies and solutions for those operations.          (b)  The office of the governor shall acquire goods and   services under Subsection (a) by any procurement method that   provides the best value and operational utility to the office. The   office of the governor shall consider the best value standards   listed in Section 2155.074 and Section 2155.067.          (c)  At the request of the office of the governor, the   comptroller or the Department of Information Resources, as   appropriate, shall procure goods and services described by   Subsection (a) for the office. The office of the governor may use   the services of the comptroller or the Department of Information   Resources in procuring goods and services described by Subsection   (a).   ARTICLE 3. BORDER PROTECTION PROPERTY DAMAGE PROGRAM          SECTION 3.01.  The heading to Chapter 56C, Code of Criminal   Procedure, is amended to read as follows:   CHAPTER 56C. BORDER CRIME [LANDOWNER COMPENSATION FOR] PROPERTY   DAMAGE COMPENSATION PROGRAM [CAUSED BY CERTAIN CRIMINAL   ACTIVITIES]          SECTION 3.02.  Article 56C.001, Code of Criminal Procedure,   is amended by amending Subdivision (2) and adding Subdivision (2-a)   to read as follows:                (2)  "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-a)  "Border region" has the meaning assigned by   Section 772.0071, Government Code.          SECTION 3.03.  The heading to Article 56C.003, Code of   Criminal Procedure, is amended to read as follows:          Art. 56C.003.  BORDER CRIME PROPERTY DAMAGE [LANDOWNER]   COMPENSATION PROGRAM.          SECTION 3.04.  Article 56C.003, Code of Criminal Procedure,   is amended by amending Subsections (a), (c), and (d) and adding   Subsection (a-1) to read as follows:          (a)  From the funding sources described by Subsection (a-1)   [money appropriated for the purpose], the attorney general shall   establish and administer a program to compensate:                (1)  landowners who suffer real property damage on   agricultural land caused by:                      (A) [(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                      (B) [(2)]  a law enforcement response to a   trespasser who was engaged in a border crime; and                (2)  persons residing in the border region who suffer   real or personal property damage caused by a person described by   Subdivision (1)(A) or (B).          (a-1)  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;                (5)  grants and reimbursements by the federal   government; and                (6)  proceeds received under Article 59.06(v).          (c)  The attorney general may not award compensation under   this article for [real] 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.          (d)  In awarding compensation under this article for [real]   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(2)(A).          SECTION 3.05.  Article 56C.006(a), Code of Criminal   Procedure, is amended to read as follows:          (a)  The program established under Article 56C.003 is a payer   of last resort for [real] property damage described by that   article.          SECTION 3.06.  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 3.07.  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 crime   property damage compensation program established under Chapter   56C.          SECTION 3.08.  Article 56C.007, Code of Criminal Procedure,   is repealed.   ARTICLE 4. BORDER SECURITY ADVISORY COUNCIL          SECTION 4.01.  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 chair of the standing substantive committee of   the senate with primary jurisdiction over border security;                (2)  the chair of the standing substantive committee of   the house of representatives with primary jurisdiction over border   security and public safety, if applicable;                (3)  four senators appointed by the lieutenant governor   who collectively meet the following requirements:                      (A)  two senators must represent senatorial   districts located in the border region; and                      (B)  one senator must be the chair of the senate   standing committee with primary jurisdiction over border security   issues and public safety, if applicable;                (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 represent house   districts located in the border region; and                      (B)  one representative must be the chair of the   house standing committee with primary jurisdiction over border   security issues and public safety, if applicable;                (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;                      (F)  Office of Court Administration of the Texas   Judicial System; and                      (G)  Texas Alcoholic Beverage Commission;                (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 committee chairs described by Subsections (b)(1)   and (2) 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:                            (i)  the efficiency and cost-effectiveness   of the use of state and local funds in ensuring border safety;                            (ii)  any duplication, overlap, and conflict   between state-run border security programs; and                            (iii)  the effectiveness of communication   and coordination among state, local, and federal agencies   responsible for or engaged in border security;                      (B)  an identification of critical border safety   problems; and                      (C)  a determination of the state's long-range   border safety needs;                (2)  identify and anticipate challenges and threats to   agencies' operations along the Texas-Mexico border;                (3)  develop solutions to overcome the challenges and   threats described by Subdivision (2);                (4)  identify strategic opportunities agencies may use   to enhance the capabilities and effectiveness of their roles in   this state's operations along the Texas-Mexico border;                (5)  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;                (6)  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                (7)  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)(5).          SECTION 4.02.  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 5. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,   EQUIPMENT, AND SERVICES IN THE BORDER REGION          SECTION 5.01.  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 at least 10 years old   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,   bouys, fences, wires, roads, trenches, surveillance technology,   real time multimedia interoperability technology, or other   improvements, designed or adapted to detect, surveil, impede, or   interdict the movement of persons or objects across the   Texas-Mexico border at locations other than ports of entry; and                (5)  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 in any direction within 30 miles   of a port of entry.          Sec. 421.113.  FEDERAL FUNDS; GIFTS, GRANTS, AND DONATIONS.   In addition to funds appropriated by the legislature and for the   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 public or private source.          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, on an interval prescribed by the office, reports   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 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 this subchapter.          SECTION 5.02.  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 6. BORDER PROTECTION AGREEMENTS          SECTION 6.01.  Title 7, Government Code, is amended by   adding Chapter 795 to read as follows:   CHAPTER 795. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN   STATES          Sec. 795.001.  AUTHORITY FOR AGREEMENTS AND ENGAGEMENT WITH   AUTHORITIES OF UNITED MEXICAN STATES. (a) 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.          (b)  The governor may appoint a group of individuals   responsible for meeting in person with the appropriate local,   state, and federal authorities of the United Mexican States to   coordinate, develop, and execute agreements under Subsection (a).   The group appointed under this subsection may operate within the   United Mexican States as practicable.   ARTICLE 7. SEVERABILITY; EFFECTIVE DATE          SECTION 7.01.  It is the intent of the legislature that every   provision, section, subsection, sentence, clause, phrase, or word   in this Act, and every application of the provisions in this Act to   every person, group of persons, or circumstances, is severable from   each other. If any application of any provision in this Act to any   person, group of persons, or circumstances is found by a court to be   invalid for any reason, the remaining applications of that   provision to all other persons and circumstances shall be severed   and may not be affected.          SECTION 7.02.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.   If this Act does not receive the vote necessary for immediate   effect, this Act takes effect on the 91st day after the last day of   the legislative session.