85R10143 KLA-D     By: Miles S.B. No. 1270       A BILL TO BE ENTITLED   AN ACT   relating to the allocation and use of certain border security   funding to secure Gulf of Mexico ports.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 411, Government Code, is   amended by adding Section 411.0133 to read as follows:          Sec. 411.0133.  ALLOCATION OF APPROPRIATIONS FOR BORDER   SECURITY. (a) In this section:                (1)  "Border security appropriation" means an amount of   money appropriated or transferred in a General Appropriations Act   or another act of the legislature for the purpose of the Texas   Border Security Initiative or to otherwise secure the borders of   this state.                (2)  "Gulf of Mexico port" means a port in this state   located on the Gulf of Mexico or on a bay, inlet, or other waterway   opening into the Gulf of Mexico.          (b)  Notwithstanding any geographic limitation or limitation   on covered activities specified by a definition of "border   security" provided in a General Appropriations Act or another act   of the legislature that applies to a border security appropriation,   the term as used in any of those acts includes projects designed for   the purpose of securing Gulf of Mexico ports.          (c)  Subject to Subsection (d) and except as provided by   Subsection (e), the department shall allocate 10 percent of each   border security appropriation made to the department to, through   the award of grants under Subchapter P, addressing the security   needs and maintaining the security of Gulf of Mexico ports to   protect this state from acts of terrorism, illegal drug smuggling   activities, human trafficking, and similar acts that would threaten   this state's security and could be effected through this state's   border with the Gulf of Mexico.          (d)  If a provision of a General Appropriations Act or   another act of the legislature allocates a percentage or an amount   of a border security appropriation made to the department to the   grant program under Subchapter P and the amount resulting from that   provision exceeds the amount that would result from the percentage   specified by Subsection (c) to be allocated to that purpose, the   department shall allocate the greater amount to that purpose.          (e)  The department is not required under Subsection (c) to   allocate any amount of the total amount of border security   appropriations made to the department in a General Appropriations   Act or another act of the legislature to the purpose specified by   that subsection if:                (1)  the act makes a separate appropriation to the   department for the grant program under Subchapter P; and                (2)  the amount of that separate appropriation is equal   to or greater than 10 percent of the sum of that separate   appropriation and all other border security appropriations made to   the department in the act.          SECTION 2.  Chapter 411, Government Code, is amended by   adding Subchapter P to read as follows:   SUBCHAPTER P. GULF OF MEXICO PORT SECURITY GRANT PROGRAM          Sec. 411.441.  DEFINITIONS. In this subchapter:                (1)  "Border security appropriation amount" means the   amount of money appropriated or allocated under Section 411.0133 to   the department for a state fiscal biennium for the grant program   under this subchapter.                (2)  "Gulf of Mexico port" has the meaning assigned by   Section 411.0133.          Sec. 411.442.  GRANT PROGRAM TO FUND PORT SECURITY PROJECTS.   (a) The commission by rule shall develop and the department shall   implement a grant program to provide funding to address the   security needs and maintain the security of Gulf of Mexico ports for   the purpose of protecting this state from acts of terrorism,   illegal drug smuggling activities, human trafficking, and similar   acts that would threaten this state's security and could be   effected through this state's border with the Gulf of Mexico.          (b)  The department shall use the border security   appropriation amount for a state fiscal biennium to provide grants   under the program during that biennium.          (c)  The rules adopted under Subsection (a) must provide a   process by which a Gulf of Mexico port may apply for a grant.          Sec. 411.443.  ELIGIBILITY FOR GRANT. To be eligible for a   grant under this subchapter, a Gulf of Mexico port must:                (1)  submit an application to the department in   accordance with commission rules;                (2)  specify in the application each security project   to be funded with the grant money and demonstrate the need for the   project;                (3)  demonstrate in the manner required by the   department that the port is able to provide as local matching money   other money available to the port in an amount at least equal to   33.33 percent of the requested amount of the grant;                (4)  agree to use the local matching money described by   Subdivision (3) in addition to the grant money for the security   projects specified in the application; and                (5)  comply with any other requirements specified by   commission rules.          Sec. 411.444.  MAXIMUM AMOUNT OF GRANT. (a) In this section,   "annual cargo volume proportion" means the proportion a Gulf of   Mexico port's annual cargo volume, measured by tonnage, for a year   bears to the total annual cargo volume, measured by tonnage, of all   Gulf of Mexico ports for the same year.          (b)  The maximum amount of a grant the department may award   to a Gulf of Mexico port for a state fiscal biennium is an amount   equal to a proportionate share of the border security appropriation   amount for that biennium equal to that port's annual cargo volume   proportion for the year preceding the year in which the port applies   for the grant.          Sec. 411.445.  EVALUATION OF FUNDED PORT SECURITY PROJECTS.   (a) The department shall evaluate and document the effectiveness   of each port security project funded with a grant under this   subchapter in maintaining or increasing the security of this state.     The commission by rule shall establish the criteria for purposes of   making the required evaluations.          (b)  A Gulf of Mexico port to which a grant is awarded under   this subchapter shall collect, maintain, and report relevant data   as required by the department for purposes of an evaluation   required by this section.          SECTION 3.  Section 411.0133, Government Code, as added by   this Act, applies to an appropriation or transfer of money to the   Department of Public Safety for the purpose of securing the borders   of this state made in an act of the legislature that takes effect   after the effective date of this Act.          SECTION 4.  The Public Safety Commission shall adopt the   rules required by Subchapter P, Chapter 411, Government Code, as   added by this Act, not later than January 1, 2018.          SECTION 5.  This Act takes effect September 1, 2017.