HB5520 - 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.

      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 deve [Text truncated for display. Full text available on Congress.gov.]