By: Guillen H.B. No. 7       A BILL TO BE ENTITLED   AN ACT   relating to public services and programs in the southern border   region of this state to address the effects of ongoing criminal   activity and public health threats, including methods of financing   those services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. BORDER REGION SPECIALTY COURTS          SECTION 101.  Title 2, Subtitle K, Government Code, is   amended by adding Chapter 131 to read as follows:   CHAPTER 131. BORDER PROTECTION COURT PROGRAM          Sec. 131.001.  DEFINITION. As used in this chapter, "border   region" has the meaning assigned by Section 772.0071(a)(2).          Sec. 131.002.  AUTHORITY TO ESTABLISH PROGRAM. (a) The   commissioners court of a county located in a border region may   establish a border protection court program under this chapter.          (b)  The commissioners courts of two or more counties may   establish a regional border protection court program under this   chapter for the participating counties.          Sec. 131.003.  JURISDICTION. A border protection court   program established under Section 131.002 may handle all issues   arising under Chapter 51, Penal Code, and related border issues.          Sec. 131.004.  GRANTS. A border protection court program   established under this chapter may request and accept grants   administered by the Office of Court Administration under Subchapter   H, Chapter 72.          Sec. 131.005.  REPORTING. Each border protection court   program must report to the Office of Court Administration all   statistical information as required by office rule.          SECTION 2.  Chapter 72, Government Code, is amended by   adding Subchapter H to read as follows:   SUBCHAPTER H. BORDER PROTECTION COURT PROGRAM GRANTS          Sec. 72.201.  GRANT PROGRAM. (a) From money appropriated   for this purpose, the office shall establish and administer a grant   program to support the operation of a border protection court   program established under Chapter 131.          (b)  In addition to other money appropriated by the   legislature, in order to achieve the purposes described by   Subsection (a), 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   effective implementation and operation of a border court protection   program.          (c)  The office shall adopt rules for the administration of   the grant program established under this section. In adopting the   rules, the office shall solicit, from border region officials,   community leaders, and other stakeholders, information necessary   to identify the courts needing financial assistance. The rules   must include:                (1)  administrative provisions relating to the   awarding of grants under this section, such as:                      (A)  eligibility criteria;                      (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.          (d)  The amount of a grant awarded under this section may not   exceed an amount specified by rider in the general appropriations   act.          (e)  The recipient of a grant awarded under this section   shall submit to the office an annual report on the amounts of grant   funds spent during the year covered by the report and the purposes   for which those funds were spent.          (f)  A reasonable amount, not to exceed five percent, of any   general revenue appropriated for purposes of this section may be   used by the office to pay the costs of administering this section.          Sec. 72.202.  RULES. The office shall adopt rules for   administering this subchapter.   ARTICLE 2. COMPENSATION FOR BORDER PROPERTY DAMAGE VICTIMS          SECTION 2.01.  Subtitle B, Title 4, Government Code, is   amended by adding Chapter 421A to read as follows:   CHAPTER 421A. BORDER PROPERTY DAMAGE COMPENSATION FUND          Sec. 421A.001.  DEFINITION. In this chapter:                (1)  "Border region" has the meaning assigned by   Section 772.0071(a)(2).                (2)  "Fund" means the border property damage   compensation fund.          Sec. 421A.002.  FINDING. The legislature finds that the   condition required under Section 51, Article III, Texas   Constitution, for the disbursement of money from the fund   established by this chapter exists.          Sec. 421A.003.  FUND ESTABLISHED. (a) The border property   damage compensation fund is a special fund in the state treasury   outside the general revenue fund and shall be administered by the   comptroller under this section and rules adopted by the   comptroller.          (b)  The fund consists of:                (1)  money appropriated by the legislature for deposit   to the credit of the fund;                (2)  gifts to the state for the purposes of the fund;   and                (3)  money directed by law for deposit to the credit of   the fund.          Sec. 421A.004.  USES OF FUND. Except as otherwise provided   by this chapter, money in the fund may be appropriated only to   compensate a person in the border region for actual damages to the   person's real or personal property caused by a person who entered or   attempted to enter the state by crossing its border with Mexico at   any time or place other than at a port of entry.   ARTICLE 3. EDUCATIONAL PROGRAM          SECTION 3.01.  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) As used   in this chapter, "border region" has the meaning assigned by   Section 771.0071(a)(2), Government Code.          (b)  Subject to available funds, the board shall establish a   border institution grant program under which the board awards   financial assistance to institutions of higher education in the   border region that administer innovative programs for:                (1)  recruitment, training, and retention designed to   increase the number of professionals in fields related to border   safety or impacted by ongoing criminal activity and public health   threats to the border region, as determined by board rule,   including programs that provide 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)  conducting research in areas of study related to   border safety or impacted by 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 money appropriated by the   legislature, in order to achieve 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, and other   stakeholders, information necessary to identify innovative   programs described by Section 61.101 anticipated to produce the   best outcomes and serve the greatest need.          (b)  The rules must include:                (1)  administrative provisions relating to the   awarding of grants under this subchapter, such as:                      (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;                      (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:                      (A)  another institution of higher education to   develop a joint program; or                      (B)  a public school to implement early   recruitment in high school;                (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 61.601.          Sec. 61.105.  GRANT AMOUNT. The amount of a grant awarded   under this subchapter may not exceed an amount specified by rider 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 amount   of grant funds spent during the year covered by the report and the   purposes for which those funds were spent.          Sec. 61.107.  ADMINISTRATIVE COSTS. A reasonable amount,   not to exceed five percent, of any general revenue appropriated for   purposes of this subchapter may be used by the board to pay the   costs of administering this subchapter.          SECTION 3.02.  (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)  As soon as practicable after rules are adopted, but not   later than September 1, 2024, the Texas Higher Education   Coordinating Board shall identify the innovative programs   described by Section 61.101, Education Code, as added by this Act,   and shall begin to award grants to eligible institutions of higher   education to support those programs.   ARTICLE 4. FINANCIAL ASSISTANCE FOR CONSTRUCTION AND MAINTENANCE   OF BORDER FACILITIES AND CONSTRUCTION AND MAINTENANCE OF PHYSICAL   BARRIERS          SECTION 4.01.  Subchapter Z, Chapter 421, Government Code,   is amended by adding Sections 428.902 and 428.903 to read as   follows:          Sec. 421.902.  FINANCIAL ASSISTANCE FOR THE CONSTRUCTION AND   MAINTENANCE OF BORDER FACILITIES. (a) As used in this section,   "border region" has the meaning assigned by Section 772.0071(a)(2).          (b)  Subject to available funds, the criminal justice   division of the governor's office shall establish and administer a   grant program under which the division awards financial assistance   to local governments and community institutions in the border   region for the construction and maintenance of facilities related   to border safety, including facilities used to mitigate ongoing   criminal activity and public health threats to the border region,   as determined by rule.          (c)  In addition to other money appropriated by the   legislature, in order to achieve the purposes described by   Subsection (b), 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 grant program.          (d)  The governor shall adopt rules for the administration of   the grant program established under this section. In adopting the   rules, the governor shall solicit, from border region officials,   community leaders, and other stakeholders, information necessary   to identify the greatest needs for financial assistance. The rules   must include:                (1)  administrative provisions relating to the   awarding of grants under this section, such as:                      (A)  eligibility criteria;                      (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.          (e)  The amount of a grant awarded under this section may not   exceed an amount specified by rider in the general appropriations   act.          (f)  The recipient of a grant awarded under this section   shall submit to the division an annual report on the amount of grant   funds spent during the year covered by the report and the purposes   for which those funds were spent.          (g)  A reasonable amount, not to exceed five percent, of any   general revenue appropriated for purposes of this section may be   used by the division to pay the costs of administering this section.          Sec. 421.903.  CONSTRUCTION AND MAINTENANCE OF PHYSICAL   BARRIERS. (a) As used in this section, "unit" means the border   protection unit established by Subchapter C-1, Chapter 411.          (b)  The unit shall oversee the construction and maintenance   of walls, fences, and other physical barriers along the border with   Mexico in order to enhance the safety and security of the people of   this state.          (c)  The unit chief is authorized to negotiate and acquire   the necessary right of way, leases, permissions, materials, and   services needed to erect, and maintain physical barriers.          (d)  The unit may use funds appropriated by the legislature,   other government funds made available to the unit for that purpose,   or donations from United States citizens and entities that are   controlled by a majority of United States citizens.   ARTICLE 5. LEGISLATIVE OVERSIGHT          SECTION 5.01.  Subtitle C, Title 3, Government Code, is   amended by adding Chapter 331 to read as follows:   CHAPTER 331. LEGISLATIVE BORDER SAFETY OVERSIGHT COMMITTEE          Sec. 331.001.  DEFINITION. In this section, "committee"   means the legislative border safety oversight committee   established under this chapter.          Sec. 331.002.  ESTABLISHMENT; COMPOSITION. (a) The   legislative border safety oversight committee is established to:                (1)  provide objective research, analysis, and   recommendations to help guide state border safety policies;                (2)  provide oversight for the border protection unit   established under Chapter C-1, Chapter 411; and                (3)  perform other duties required by law.          (b)  The committee consists of the following members:                (1)  the lieutenant governor;                (2)  the speaker of the house of representatives;                (3)  four members of the senate appointed by the   lieutenant governor; and                (4)  four members of the house appointed by the   speaker.          (c)  The lieutenant governor and the speaker of the house of   representatives are joint chairs of the committee.          (d)  A majority of the members of the committee from each   house of the legislature constitutes a quorum to transact business.   If a quorum is present, the committee may act on any matter within   the committee's jurisdiction by a majority vote.          (e)  The committee shall meet as often as necessary to   perform the committee's duties. Meetings may be held at any time at   the request of either chair or on written petition of a majority of   the committee members from each house of the legislature.          (f)  The committee shall meet in Austin, except that if a   majority of the committee members from each house of the   legislature agree, the committee may meet in any location   determined by the committee.          (g)  As an exception to Chapter 551, Government Code, and   other law, for a meeting in Austin at which both joint chairs of the   committee are physically present, any number of the other committee   members may attend the meeting by use of telephone conference call,   video conference call, or other similar telecommunication device.   This subsection applies for purposes of establishing a quorum or   voting or any other purpose allowing the members to fully   participate in any committee meeting. This subsection applies   without regard to the subject or topics considered by the members at   the meeting.          (h)  A committee meeting held by use of telephone conference   call, video conference call, or other similar telecommunication   device:                (1)  is subject to the notice requirements applicable   to other meetings;                (2)  must specify in the notice of the meeting the   location in Austin 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 committee 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.          Sec. 331.003.  POWERS AND DUTIES. (a) The committee shall:                (1)  use statistical analyses and other research   methods to conduct an in-depth examination of border safety   initiatives and programs in this state that includes:                      (A)  an assessment of the cost-effectiveness of   the use of state and local funds in ensuring border safety;                      (B)  an identification of critical border safety   problems; and                      (C)  a determination of the state's long-range   border safety needs;                (2)  recommend to the legislature:                      (A)  strategies to solve the problems identified   under Subdivision (1)(B); and                      (B)  policy priorities to address the long-range   needs determined under Subdivision (1)(C); and                (3)  advise and assist the legislature in developing   plans, programs, and proposed legislation to improve the   effectiveness of border safety initiatives and programs.          (b)  The committee has all other powers and duties provided   to a special committee by:                (1)  Subchapter B, Chapter 301;                (2)  the rules of the senate and the house of   representatives; and                (3)  policies of the senate and house committees on   administration.          Sec. 331.004.  STAFF; AUTHORITY TO CONTRACT. The committee   may hire staff or may contract with universities or other suitable   entities to assist the committee in carrying out the committee's   duties. Funding to support the operation of the committee shall be   provided from funds appropriated to the Texas Legislative Council.          Sec. 328.005.  REPORT. Not later than January 1 of each   odd-numbered year, the committee shall submit to the legislature a   report that contains the recommendations described by Section   331.003(a)(2).   ARTICLE 6. EFFECTIVE DATE          SECTION 6.01.  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.