87R9533 YDB-D     By: Slaton H.B. No. 2862       A BILL TO BE ENTITLED   AN ACT   relating to border security enhancement projects and the creation   of a fund to pay for those projects; allocating the earnings on the   balance of that fund and reimbursement of related expenditures.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 411, Government Code, is amended by   adding Subchapter W to read as follows:   SUBCHAPTER W. BORDER SECURITY ENHANCEMENT          Sec. 411.801.  DEFINITION. In this subchapter, "fund" means   the border security enhancement fund.          Sec. 411.802.  BORDER SECURITY ENHANCEMENT FUND. (a) The   border security enhancement fund is a special fund in the state   treasury outside the general revenue fund to be administered by the   department under this subchapter and rules adopted by the   commission under this subchapter.          (b)  The fund consists of appropriations of money made by the   legislature for deposit to the credit of the fund.          Sec. 411.803.  FUND INTEREST. The comptroller shall deposit   to the credit of the economic stabilization fund the interest and   other earnings made on the balance of the border security   enhancement fund.          Sec. 411.804.  USE OF FUND. (a)  The department may use   money in the fund only for the following activities for the purposes   of preventing human trafficking and illegal entry into the United   States of aliens without official approval of an appropriate   federal governmental authority, terrorists, instruments of   terrorism, and contraband, including narcotics and other   controlled substances:                (1)  planning, designing, constructing, and   maintaining along this state's international border water and   transportation infrastructure, technology, and commercial vehicle   inspection infrastructure at ports of entry; and                (2)  clearing nonindigenous plants.          (b)  The department must include as part of the   transportation infrastructure, technology, and commercial vehicle   inspection infrastructure at ports of entry along this state's   international border the construction to federal specifications   for similar infrastructure of a wall to be named the "President   Donald J. Trump Wall."          Sec. 411.805.  CONTRACTS AND AGREEMENTS. The department may   enter into contracts and agreements as necessary to implement this   subchapter.          Sec. 411.806.  CONSULTATION. (a)  The department may not use   money from the fund to plan, design, construct, or maintain along   this state's international border water and transportation   infrastructure, technology, or commercial vehicle inspection   infrastructure, to clear nonindigenous plants, or to contract with   a third party to perform those activities, unless the department   consults with the commissioner of the General Land Office and   appropriate federal governmental authorities to coordinate border   security efforts.          (b)  The department shall consult with the commissioner of   the General Land Office for the acquisition of any land necessary to   implement this subchapter.          Sec. 411.807.  TEXAS CONTRACTOR PREFERENCE. If the   department seeks to contract with a private entity using money from   the fund, the department must give preference to an entity that:                (1)  is incorporated or otherwise formed under the laws   of this state; or                (2)  has a headquarters or other principal office   located in this state.          Sec. 411.808.  VERIFICATION BY CONTRACTORS. (a) In this   section, "E-verify program" has the meaning assigned by Section   673.001.          (b)  The department may not award a contract under this   subchapter unless the proposed contractor registers with and   participates in the E-verify program to verify employee   information. The contractor must continue to participate in the   program during the term of the contract.          (c)  The commission shall adopt procedures for the   administration of this section.          Sec. 411.809.  REIMBURSEMENT. (a) The governor shall make a   request to the federal government for reimbursement of amounts   expended from the fund.          (b)  The comptroller shall deposit to the credit of the   economic stabilization fund an amount received from the federal   government as a reimbursement of an amount expended from the border   security enhancement fund.          Sec. 411.810.  ADOPTION OF RULES.  The commission shall   adopt rules necessary to implement this subchapter.          SECTION 2.  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, 2021.