By: Gámez H.B. No. 5520       A BILL TO BE ENTITLED   AN ACT   relating to border protection and economic development services,   programs, and other measures, including measures to recruit health   care professionals to the border region, improve border inspection   efficiency, and enhance border region airport security and   capacity, and establishing certain educational programs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  SHORT TITLE          SECTION 1.01.  This Act may be cited as the Border   Enhancement Act.   ARTICLE 2.  DEPARTMENT OF PUBLIC SAFETY DUTIES          SECTION 2.01.  Subchapter A, Chapter 411, Government Code,   is amended by adding Sections 411.02091 and 411.02092 to read as   follows:          Sec. 411.02091.  BORDER SECURITY LIAISON.  (a)  The   department shall designate a department employee to act as the   liaison between the department and each sector for border   operations established by the United States Customs and Border   Protection.          (b)  The department shall avoid duplicative efforts, improve   efficacy of deployed resources, and ensure efficient allocation of   department resources along the Texas-Mexico border.          Sec. 411.02092.  BORDER SECURITY PRIORITIES AND EQUIPMENT.     (a)  The department shall pursue strategies and efforts for   securing the Texas-Mexico border.          (b)  The department may purchase for use at or near the   Texas-Mexico border equipment that increases the efficacy and   efficiency of inspecting vehicles entering this state from Mexico,   including equipment that uses radiography (X-rays) to inspect   vehicles and freight.   ARTICLE 3.  GRANT PROGRAM FOR COURTS IN THE BORDER REGION          SECTION 3.01.  Chapter 72, Government Code, is amended by   adding Subchapter H to read as follows:   SUBCHAPTER H. BORDER COURT GRANT PROGRAM          Sec. 72.201.  DEFINITION.  In this subchapter, "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.          (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 processing and adjudicating cases; 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 cases in   courts in the border region.          Sec. 72.203.  RULES.  (a)  The office shall adopt rules for   the administration and operation of the grant program established   under this subchapter.          (b)  In adopting the rules, the office shall:                (1)  conduct a study of the data collected for this   purpose or otherwise available on crime, arrests, detentions, and   convictions to identify offenses for which prosecutions have   increased as a result of Operation Lone Star; and                (2)  solicit from governmental officials, community   leaders, and other interested persons in the border region   information necessary to identify the courts of the region needing   financial assistance.          (c)  The rules must include:                (1)  administrative provisions for grants awarded   under this subchapter, including:                      (A)  eligibility criteria for grant applicants,   including criteria to limit eligibility to those applicants   experiencing an increase in caseloads;                      (B)  grant application procedures;                      (C)  guidelines relating to grant amounts;                      (D)  procedures for evaluating grant   applications; and                      (E)  procedures for monitoring the use of grants;                (2)  methods for tracking the effectiveness of grants   and the efficiency of the applicants receiving grants; and                (3)  procedures for reporting caseload data at least   annually, including caseload data necessary to update the study   described by Section 72.2055.          Sec. 72.204.  GRANT AMOUNTS. The amount of a grant awarded   under this subchapter may not exceed the amount set by the General   Appropriations Act.          Sec. 72.205.  REPORTING REQUIREMENTS FOR GRANT RECIPIENTS.   The recipient of a grant awarded under this subchapter shall submit   to the office an annual report on the grant money spent during the   year covered by the report and the purposes for which that money was   spent.          Sec. 72.2055.  ANNUAL REPORT BY OFFICE. Annually, the   office shall update the study conducted under Section 72.203(b)(1)   using caseload data required to be reported under the rules adopted   under Section 72.203.          Sec. 72.206.  ADMINISTRATIVE COSTS.  Unless otherwise   provided by the appropriation, in each state fiscal year, the   office may use a reasonable amount, not to exceed five percent, of   any general revenue appropriated for purposes of this subchapter   for that state fiscal year to pay the costs of administering the   grant program.          SECTION 3.02.  As soon as practicable after the effective   date of this Act, the Office of Court Administration of the Texas   Judicial System shall, with respect to Subchapter H, Chapter 72,   Government Code, as added by this Act:                (1)  adopt rules as necessary to implement the   subchapter; and                (2)  establish the grant program required by the   subchapter.   ARTICLE 4. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,   EQUIPMENT, AND SERVICES IN THE BORDER REGION          SECTION 4.01.  Chapter 421, Government Code, is amended by   adding Subchapter G to read as follows:   SUBCHAPTER G.  USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY          Sec. 421.111.  DEFINITIONS. In this subchapter:                (1)  "Border region" has the meaning assigned by   Section 772.0071.                (2)  "Local government" means a municipality or county.                (3)  "Office" means the trusteed programs within the   office of the governor.          Sec. 421.112.  USE OF CERTAIN FUNDS. From money   appropriated for that purpose, the office, as authorized by Chapter   418, including Subchapter D of that chapter, shall make funds   available to state agencies and local governments for the following   purposes:                (1)  the construction and maintenance of facilities   related to prosecuting and adjudicating offenses committed in the   border region, including court facilities, processing facilities,   detention facilities for persons who are 10 years of age or older,   regardless of gender, criminal justice centers, and other similar   facilities;                (2)  the payment of staff salaries and benefits and the   payment of operational expenses related to providing law   enforcement services;                (3)  the purchase or maintenance of equipment related   to providing public health and safety services in the border   region, including law enforcement services, communication   services, and emergency services, to enhance safety and security;                (4)  the construction and maintenance of border   security infrastructure, including drive-through mobile cargo   scanners that use radiography (X-rays) to inspect vehicles and   freight, surveillance technology, or other improvements, designed   or adapted to surveil or impede the movement of persons or objects   across the Texas-Mexico border at locations other than ports of   entry;                (5)  the construction of improvements to an area in the   immediate vicinity of a port of entry to enhance vehicle inspection   capabilities and assist in the investigation, interdiction, and   prosecution of persons smuggling individuals or contraband across   the Texas-Mexico border; and                (6)  the construction or improvement of roadways, sea   ports, airports, and similar transportation facilities in the   border region.          Sec. 421.113.  FEDERAL FUNDS; GIFTS, GRANTS, AND DONATIONS.   In addition to funds appropriated by the legislature and for   purposes of this subchapter, the office may:                (1)  seek and apply for any available federal funds;   and                (2)  solicit and accept gifts, grants, and donations   from any other source, public or private.          Sec. 421.1131.  USE OF FEDERAL GRANT MONEY. To the extent   authorized by federal law, the office may use federal money   received under this subchapter for dual-use infrastructure   improvements at general aviation airports in the border region to:                (1)  improve border security operations; and                (2)  support regional economic development by   expanding the commercial or cargo capacity of an airport.          Sec. 421.114.  RULES.  The office may adopt rules for the   administration of this subchapter.          Sec. 421.115.  REPORTING REQUIREMENTS. (a)  The recipient   of funds for a purpose described by Section 421.112 shall submit to   the office reports on an interval prescribed by the office   regarding the use of the funds and any other issue related to the   funds as determined by the office.          (b)  Funds received by a state agency for a purpose described   by Section 421.112 are considered border security funding for   purposes of reporting requirements in the General Appropriations   Act.          Sec. 421.116.  ADMINISTRATIVE COSTS.  Unless otherwise   provided by the appropriation, the division may use a reasonable   amount, not to exceed five percent, of any general revenue   appropriated for purposes of this subchapter to pay the costs of   administering this subchapter.          SECTION 4.02.  As soon as practicable after the effective   date of this Act, the office of the governor shall adopt rules as   necessary to implement Subchapter G, Chapter 421, Government Code,   as added by this Act.   ARTICLE 5. EDUCATION GRANT PROGRAM AND ESTABLISHMENT OF TEXAS   CENTER FOR BORDER POLICY          SECTION 5.01.  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, in each state fiscal year, the board   may use a reasonable amount, not to exceed five percent, of any   general revenue appropriated for purposes of this subchapter for   that state fiscal year to pay the costs of administering this   subchapter.          SECTION 5.02.  (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, 2026, 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 6. TRADE AGRICULTURAL INSPECTION GRANT PROGRAM          SECTION 6.01.  Sections 12.050(k) and (l), Agriculture Code,   are amended to read as follows:          (k)  Not later than January 15, 2029 [2025], the department   shall evaluate the performance of the program under this section   and submit a report to the legislature. The report must include an   evaluation of agricultural inspections affected by the program,   including the extent to which the program is reducing wait times for   agricultural inspections of vehicles at ports of entry along the   border with the United Mexican States.          (l)  Unless continued in existence by the legislature, this   section expires September 1, 2029 [2025].          SECTION 6.02.  The Department of Agriculture is required to   implement a provision of this article only if the legislature   appropriates money specifically for that purpose. If the   legislature does not appropriate money specifically for that   purpose, the department may, but is not required to, implement a   provision of this article using other appropriations available for   that purpose.   ARTICLE 7. TUITION REIMBURSEMENT AND STUDENT LOAN REPAYMENT PROGRAM   FOR HEALTH CARE PROFESSIONALS IN BORDER COMMUNITIES          SECTION 7.01.  (a) The Department of State Health Services,   in consultation with the Texas Higher Education Coordinating Board,   shall develop and adopt a plan to establish new and improve existing   tuition reimbursement programs and programs providing assistance   with the repayment of student loans for eligible health care   professionals who are serving in communities near and along the   international border of this state with the United Mexican States.          (b)  The plan developed under this section must:                (1)  require a health care professional to commit to   full-time employment as a health care professional in the   communities near and along the international border of this state   with the United Mexican States for a specified time to be eligible   for participation in the tuition reimbursement and student loan   repayment programs; and                (2)  give preference for participation in the programs   to health care professionals who live in those communities.          (c)  Not later than September 1, 2026, the Department of   State Health Services shall submit to the legislature the plan   developed under Subsection (a) of this section and the estimated   cost to this state of implementing the plan.          (d)  This section expires January 1, 2027.   ARTICLE 8. EFFECTIVE DATE          SECTION 8.01.  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, 2025.