88R25151 JCG-F
	By: Guillen, et al.	H.B. No. 7
	Substitute the following for H.B. No. 7:
	By:  Slawson	C.S.H.B. No. 7

	A BILL TO BE ENTITLED
	AN ACT
	relating to services and programs in the southern border region of
	this state to address the effects of ongoing criminal activity and
	public health threats in that region.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. LEGISLATIVE FINDING
	SECTION 1.01.  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.
	ARTICLE 2. BORDER PROTECTION AGREEMENTS
	SECTION 2.01.  Title 7, Government Code, is amended by
	adding Chapter 794 to read as follows:
	CHAPTER 794. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN
	STATES
	Sec. 794.001.  AUTHORITY FOR AGREEMENTS. On behalf of this
	state, the governor shall 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.
	ARTICLE 3. BORDER REGION SPECIALTY COURT PROGRAM
	SECTION 3.01.  Chapter 72, Government Code, is amended by
	adding Subchapter H to read as follows:
	SUBCHAPTER H. BORDER PROTECTION COURT GRANT PROGRAM
	Sec. 72.201.  DEFINITIONS. In this subchapter:
	(1)  "Border-related offense" means an offense:
	(A)  associated with or involving:
	(i)  a person unlawfully entering or
	attempting to enter this state by crossing the Texas-Mexico border
	at any place other than at a port of entry;
	(ii)  the smuggling of individuals or
	contraband across the Texas-Mexico border; or
	(iii)  an operative of a transnational
	cartel;
	(B)  similar to an offense described by Paragraph
	(A) that the office by rule defines as a border-related offense for
	purposes of this subchapter; or
	(C)  for which the office has determined
	prosecutions have increased as a result of Operation Lone Star.
	(2)  "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 with
	the adjudication of border-related offenses.
	(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 the processing and adjudicating of border-related
	offenses; 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
	border-related offenses.
	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 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.
	Sec. 72.204.  GRANT AMOUNTS. The amount of a grant awarded
	under this section may not exceed the amount set by the General
	Appropriations Act.
	Sec. 72.205.  REPORTING REQUIREMENTS. 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. 72.206.  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 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. GRANT PROGRAMS FOR INFRASTRUCTURE, FACILITIES,
	EQUIPMENT, AND SERVICES IN THE BORDER REGION
	Sec. 421.111.  DEFINITIONS. In this subchapter:
	(1)  "Border region" has the meaning assigned by
	Section 772.0071.
	(2)  "Division" means the criminal justice division
	established under Section 772.006.
	(3)  "Local government" means a municipality, county,
	special purpose district, or other political subdivision of this
	state.
	Sec. 421.112.  GRANTS PROGRAMS. From money appropriated for
	that purpose, the division shall establish and administer:
	(1)  the Border Protection Equipment and
	Infrastructure Fund to award grants to state agencies and local
	governments located or operating in the border region for the
	construction and maintenance of temporary border security
	infrastructure, including temporary barriers, fences, wires,
	roads, trenches, 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 and for 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;
	(2)  the Border Protection Criminal Justice Facilities
	Fund to award grants to state agencies, local governments, or
	private entities located or operating in the border region for the
	construction and maintenance of facilities related to prosecuting
	and adjudicating offenses committed in the border region, including
	court facilities, processing facilities, detention facilities,
	criminal justice centers, and other similar facilities;
	(3)  the Border Protection Public Safety Personnel Fund
	to award grants to state agencies or local governments located or
	operating in the border region for the payment of staff salaries and
	benefits and the payment of operational expenses related to
	providing law enforcement services; and
	(4)  the Border Protection Secure Trade Fund to award
	grants to state agencies, local governments, entities operating
	ports of entry, or private entities located or operating in the
	border region for 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 for the construction or improvement of
	roadways and similar transportation facilities that provide for
	detailed monitoring of commercial motor vehicles traveling along
	the roadways and facilities in the border region.
	Sec. 421.113.  FEDERAL FUNDS; GIFTS, GRANTS, AND DONATIONS.
	In addition to other funds appropriated by the legislature and for
	purposes of administering and funding the grant programs
	established under Section 421.112, 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 programs.
	Sec. 421.114.  RULES. (a) The governor shall adopt rules
	for the administration of this subchapter.
	(b)  In adopting the rules, the governor shall solicit from
	public officials and community leaders in the border region and any
	other interested stakeholders information necessary to identify
	the greatest needs for financial assistance in that region.
	(c)  In adopting rules that relate to the grant program
	established under Section 421.112(4), the governor shall consult
	federal agencies, state agencies, local governments, and private
	entities with particular knowledge and expertise on the:
	(1)  investigation, interdiction, and prosecution of
	persons smuggling individuals and contraband over the Texas-Mexico
	border; and
	(2)  construction or improvement of roadways and
	similar transportation facilities that provide for detailed
	monitoring of commercial motor vehicles traveling along the
	roadways and facilities.
	(d)  The rules must include:
	(1)  administrative provisions for grants awarded
	under this subchapter, including:
	(A)  eligibility criteria for grant applicants;
	(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
	(3)  provisions for donations to the grant program
	established under Section 421.112(1).
	Sec. 421.115.  GRANT AMOUNTS. The amount of a grant awarded
	under this subchapter may not exceed the amount set by the General
	Appropriations Act.
	Sec. 421.116.  REPORTING REQUIREMENTS. The recipient of a
	grant awarded under this subchapter shall submit to the division 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. 421.117.  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 with respect to
	Subchapter G, Chapter 421, Government Code, as added by this Act:
	(1)  adopt rules as necessary to implement the
	subchapter; and
	(2)  establish the grant programs required by the
	subchapter.
	ARTICLE 5. BORDER PROTECTION PROPERTY DAMAGE ACCOUNT
	SECTION 5.01.  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 5.02.  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, 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 property damage
	compensation account established under Chapter 421A, Government
	Code.
	SECTION 5.03.  Subtitle B, Title 4, Government Code, is
	amended by adding Chapter 421A to read as follows:
	CHAPTER 421A. BORDER PROPERTY DAMAGE COMPENSATION ACCOUNT
	Sec. 421A.001.  DEFINITIONS. In this chapter:
	(1)  "Account" means the border property damage
	compensation account established under this chapter.
	(2)  "Border region" has the meaning assigned by
	Section 772.0071.
	(3)  "Division" means the criminal justice division
	established under Section 772.006.
	Sec. 421A.002.  LEGISLATIVE FINDING. The legislature finds
	that a person in the border region who incurs actual damages to the
	person's real or personal property is a victim of crime for purposes
	of Section 31, Article I, Texas Constitution, if the damage is
	caused by:
	(1)  a person who entered or attempted to enter this
	state by crossing the Texas-Mexico border at a place other than at a
	port of entry;
	(2)  a person who assisted a person described by
	Subdivision (1); or
	(3)  a law enforcement action taken to repel, arrest,
	or detain a person described by Subdivision (1) or (2).
	Sec. 421A.003.  ACCOUNT ESTABLISHED. (a) The border
	property damage compensation account is:
	(1)  created within the compensation to victims of
	crime fund; and
	(2)  administered by the division under rules adopted
	by the governor for the purposes authorized by this chapter.
	(b)  The account consists of:
	(1)  money appropriated, credited, or transferred to
	the account by the legislature;
	(2)  revenue that the legislature by statute dedicates
	for deposit to the credit of the account;
	(3)  investment earnings and interest earned on money
	in the account;
	(4)  gifts, grants, and donations received by the state
	for the purpose of the account; and
	(5)  proceeds received under Article 59.06(v), Code of
	Criminal Procedure.
	Sec. 421A.004.  USE OF MONEY; COMPENSATION PROGRAM.
	Notwithstanding any other law, from money appropriated from the
	account for that purpose, the division shall establish a program to
	compensate a person residing in the border region for actual
	damages to the person's real or personal property caused by:
	(1)  a person who entered or attempted to enter this
	state by crossing the Texas-Mexico border at a place other than at a
	port of entry;
	(2)  a person who assisted a person described by
	Subdivision (1); or
	(3)  a law enforcement action taken to repel, arrest,
	or detain a person described by Subdivision (1) or (2).
	Sec. 421A.005.  RULES. The governor may adopt rules to
	administer this chapter.
	ARTICLE 6. EDUCATIONAL PROGRAM
	SECTION 6.01.  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, the board 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 6.02.  (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, 2024, 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 7. ECONOMIC DEVELOPMENT INITIATIVE
	SECTION 7.01.  Chapter 481, Government Code, is amended by
	adding Subchapter Q to read as follows:
	SUBCHAPTER Q. BORDER PROTECTION ECONOMIC DEVELOPMENT INITIATIVE
	Sec. 481.241.  DEFINITION. In this subchapter, "border
	region" has the meaning assigned by Section 772.0071.
	Sec. 481.242.  CAMPAIGN FOR BUSINESSES AND TOURISM. (a) In
	consultation with stakeholders in the border region, the office
	shall develop and execute a campaign to:
	(1)  attract domestic and foreign entities to:
	(A)  locate the headquarters of those entities in
	the border region; or
	(B)  expand the entities' operations to the border
	region;
	(2)  support and promote tourism in the border region;
	and
	(3)  support institutions and initiatives in the border
	region that create an environment conducive to starting or
	operating a company whose primary business is providing homeland
	security technology or services.
	(b)  The office may coordinate with and assist any
	municipality, county, or other political subdivision in supporting
	or promoting the purposes described by Subsection (a).
	Sec. 481.243.  TARGETED RESEARCH AND OUTREACH; SUPPORTIVE
	PROGRAMS. (a) In developing and executing the campaign described
	by Section 481.242, the office shall identify and research
	particular companies and types of companies with a high potential
	of commercial success if the companies were to operate in the border
	region.
	(b)  For each company identified under Subsection (a), the
	office shall develop and execute a campaign to attract the company
	to locate its headquarters or expand operations into the border
	region.
	(c)  For a type of company identified under Subsection (a),
	the office shall create programs for supporting the formation of
	new companies in the border region of that type.
	Sec. 481.244.  GIFTS, GRANTS, AND DONATIONS. To achieve the
	purposes of this subchapter, the office shall:
	(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 this subchapter.
	Sec. 481.245.  ANNUAL REPORT. Not later than December 31 of
	each year, the office shall report to the legislature on the
	activities of the office under this subchapter.
	Sec. 481.246.  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 the purposes of this subchapter to administer this
	subchapter.
	ARTICLE 8. EFFECTIVE DATE
	SECTION 8.01.  This Act takes effect September 1, 2023.