88R24945 JCG-F     By: Guillen H.B. No. 3782     Substitute the following for H.B. No. 3782:     By:  Metcalf C.S.H.B. No. 3782       A BILL TO BE ENTITLED   AN ACT   relating to establishing the Border Security Advisory Council and   the Border Protection Task Force.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  BORDER SECURITY ADVISORY COUNCIL          SECTION 1.01.  Subchapter B-1, Chapter 421, Government Code,   is amended by adding Section 421.0425 to read as follows:          Sec. 421.0425.  BORDER SECURITY ADVISORY COUNCIL. (a) The   Border Security Advisory Council is a permanent special advisory   committee created to advise the legislature and the governor or the   governor's designee on homeland security issues impacting the   security of the Texas-Mexico border and on streamlining statewide   border security activities and initiatives.          (b)  The council is composed of:                (1)  the lieutenant governor;                (2)  the speaker of the house of representatives;                (3)  four senators appointed by the lieutenant governor   who collectively meet the following requirements:                      (A)  two senators must be members of the political   party with the most members in the senate and two senators must be   members of the political party with the second most members in the   senate;                      (B)  two senators must represent senatorial   districts located in the border region; and                      (C)  one senator must be the chair of the senate   standing committee with primary jurisdiction over border security   issues;                (4)  four members of the house of representatives   appointed by the speaker of the house of representatives who   collectively meet the following requirements:                      (A)  two representatives must be members of the   political party with the most members in the house and two   representatives must be members of the political party with the   second most members in the house;                      (B)  two representatives must represent house   districts located in the border region; and                      (C)  one representative must be the chair of the   house standing committee with primary jurisdiction over border   security issues;                (5)  as nonvoting members, the executive head of or a   designee from each of the following:                      (A)  Department of Public Safety;                      (B)  Texas Military Department;                      (C)  Texas Division of Emergency Management;                      (D)  Parks and Wildlife Department;                      (E)  Texas Department of Criminal Justice; and                      (F)  Office of Court Administration of the Texas   Judicial System;                (6)  the following nonvoting members appointed by the   governor or the governor's designee:                      (A)  one representative of a county located in the   border region, other than a sheriff;                      (B)  one sheriff of a county located in the border   region;                      (C)  one representative of a municipality located   in the border region, other than a municipal police chief;                      (D)  one police chief of a municipality located in   the border region; and                      (E)  one representative of the business community   involved in international trade across the Texas-Mexico border; and                (7)  other nonvoting members as determined by the   governor or the governor's designee.          (c)  The lieutenant governor and the speaker of the house of   representatives are joint chairs of the council.          (d)  A majority of the voting members of the council   constitutes a quorum to transact business. If a quorum is present,   the council may act on any matter within the council's jurisdiction   by a majority vote.          (e)  The council shall meet as often as necessary to perform   the council's duties. Meetings may be held at any time at the   request of either chair.          (f)  As an exception to Chapter 551 and other law, for a   meeting at which both joint chairs of the council are physically   present, any number of the other council members may attend the   meeting by use of telephone conference call, video conference call,   or other similar technology. This subsection applies for purposes   of establishing a quorum or voting or for any other purpose allowing   the members to fully participate in any council meeting. This   subsection applies without regard to the subject or topics   considered by the members at the meeting.          (g)  A council meeting held by use of telephone conference   call, video conference call, or other similar technology:                (1)  is subject to the notice requirements applicable   to other meetings;                (2)  must specify in the notice of the meeting the   location at which the joint chairs will be physically present;                (3)  must be open to the public and audible to the   public at the location specified in the notice under Subdivision   (2); and                (4)  must provide two-way audio communication between   all council members attending the meeting during the entire   meeting, and if the two-way audio communication link with any   member attending the meeting is disrupted at any time, the meeting   may not continue until the two-way audio communication link is   reestablished.          (h)  In addition to the duties under Section 421.045, the   council shall:                (1)  use statistical analyses and other research   methods to conduct an in-depth examination of border safety   initiatives and programs in this state that includes:                      (A)  an assessment of the cost-effectiveness of   the use of state and local funds in ensuring border safety;                      (B)  an identification of critical border safety   problems; and                      (C)  a determination of the state's long-range   border safety needs;                (2)  recommend to the legislature and the governor:                      (A)  strategies to solve the problems identified   under Subdivision (1)(B);                      (B)  policy priorities to address the long-range   needs determined under Subdivision (1)(C); and                      (C)  measures based on objective research and   analysis to help guide state border safety policies;                (3)  advise the legislature and the governor regarding:                      (A)  coordinating the goals and responsibilities   for border security efforts of local and state agencies with   jurisdiction over border security;                      (B)  developing procedures for streamlining   decision-making of local and state agencies with jurisdiction over   border security; and                      (C)  improving transparency of border security   operations; and                (4)  advise and assist the legislature and the governor   in developing plans, programs, and proposed legislation to improve   the effectiveness of border safety initiatives and programs.          (i)  The council may hire staff or may contract with   universities or other suitable entities to assist the council in   carrying out the council's duties. Funding to support the   operation of the council shall be provided from funds appropriated   to the Texas Legislative Council.          (j)  Not later than January 1 of each odd-numbered year, the   council shall submit to the legislature and the governor a report   that contains the recommendations described by Subsection (h)(2).          SECTION 1.02.  Section 421.044, Government Code, is amended   to read as follows:          Sec. 421.044.  COMPENSATION AND REIMBURSEMENT OF EXPENSES   PROHIBITED. (a) A person who is a member of a permanent special   advisory committee created under this subchapter is not entitled to   receive:                (1)  compensation from this state for service on the   committee; or                (2)  except as provided by Subsection (b), travel   expenses incurred by the person while conducting the business of   the committee.          (b)  A member of the Border Security Advisory Council created   under Section 421.0425 is entitled to travel expenses described by   Subsection (a)(2) as provided by the General Appropriations Act.   ARTICLE 2. BORDER PROTECTION TASK FORCE          SECTION 2.01.  Article 2.12, Code of Criminal Procedure, is   amended to read as follows:          Art. 2.12.  WHO ARE PEACE OFFICERS. The following are peace   officers:                (1)  sheriffs, their deputies, and those reserve   deputies who hold a permanent peace officer license issued under   Chapter 1701, Occupations Code;                (2)  constables, deputy constables, and those reserve   deputy constables who hold a permanent peace officer license issued   under Chapter 1701, Occupations Code;                (3)  marshals or police officers of an incorporated   city, town, or village, and those reserve municipal police officers   who hold a permanent peace officer license issued under Chapter   1701, Occupations Code;                (4)  rangers, officers, and members of the reserve   officer corps commissioned by the Public Safety Commission and the   Director of the Department of Public Safety;                (5)  investigators of the district attorneys', criminal   district attorneys', and county attorneys' offices;                (6)  law enforcement agents of the Texas Alcoholic   Beverage Commission;                (7)  each member of an arson investigating unit   commissioned by a city, a county, or the state;                (8)  officers commissioned under Section 37.081,   Education Code, or Subchapter E, Chapter 51, Education Code;                (9)  officers commissioned by the General Services   Commission;                (10)  law enforcement officers commissioned by the   Parks and Wildlife Commission;                (11)  officers commissioned under Chapter 23,   Transportation Code;                (12)  municipal park and recreational patrolmen and   security officers;                (13)  security officers and investigators commissioned   as peace officers by the comptroller;                (14)  officers commissioned by a water control and   improvement district under Section 49.216, Water Code;                (15)  officers commissioned by a board of trustees   under Chapter 54, Transportation Code;                (16)  investigators commissioned by the Texas Medical   Board;                (17)  officers commissioned by:                      (A)  the board of managers of the Dallas County   Hospital District, the Tarrant County Hospital District, the Bexar   County Hospital District, or the El Paso County Hospital District   under Section 281.057, Health and Safety Code;                      (B)  the board of directors of the Ector County   Hospital District under Section 1024.117, Special District Local   Laws Code;                      (C)  the board of directors of the Midland County   Hospital District of Midland County, Texas, under Section 1061.121,   Special District Local Laws Code; and                      (D)  the board of hospital managers of the Lubbock   County Hospital District of Lubbock County, Texas, under Section   1053.113, Special District Local Laws Code;                (18)  county park rangers commissioned under   Subchapter E, Chapter 351, Local Government Code;                (19)  investigators employed by the Texas Racing   Commission;                (20)  officers commissioned under Chapter 554,   Occupations Code;                (21)  officers commissioned by the governing body of a   metropolitan rapid transit authority under Section 451.108,   Transportation Code, or by a regional transportation authority   under Section 452.110, Transportation Code;                (22)  investigators commissioned by the attorney   general under Section 402.009, Government Code;                (23)  security officers and investigators commissioned   as peace officers under Chapter 466, Government Code;                (24)  officers appointed by an appellate court under   Subchapter F, Chapter 53, Government Code;                (25)  officers commissioned by the state fire marshal   under Chapter 417, Government Code;                (26)  an investigator commissioned by the commissioner   of insurance under Section 701.104, Insurance Code;                (27)  apprehension specialists and inspectors general   commissioned by the Texas Juvenile Justice Department as officers   under Sections 242.102 and 243.052, Human Resources Code;                (28)  officers appointed by the inspector general of   the Texas Department of Criminal Justice under Section 493.019,   Government Code;                (29)  investigators commissioned by the Texas   Commission on Law Enforcement under Section 1701.160, Occupations   Code;                (30)  commission investigators commissioned by the   Texas Private Security Board under Section 1702.061, Occupations   Code;                (31)  the fire marshal and any officers, inspectors, or   investigators commissioned by an emergency services district under   Chapter 775, Health and Safety Code;                (32)  officers commissioned by the State Board of   Dental Examiners under Section 254.013, Occupations Code, subject   to the limitations imposed by that section;                (33)  investigators commissioned by the Texas Juvenile   Justice Department as officers under Section 221.011, Human   Resources Code; [and]                (34)  the fire marshal and any related officers,   inspectors, or investigators commissioned by a county under   Subchapter B, Chapter 352, Local Government Code; and                (35)  officers of the Border Protection Task Force   commissioned by the task force chief under Section 425.054,   Government Code.          SECTION 2.02.  Subtitle B, Title 4, Government Code, is   amended by adding Chapter 425 to read as follows:   CHAPTER 425. BORDER PROTECTION TASK FORCE   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 425.001.  DEFINITIONS. In this chapter:                (1)  "Alien" has the meaning assigned by 8 U.S.C.   Section 1101.                (2)  "Border region" has the meaning assigned by   Section 772.0071.                (3)  "Chief" means the chief of the task force.                (4)  "Governing body" means the governing body of the   state agency selected under Section 425.002.                (5)  "Local government" means a municipality, county,   special purpose district, or other political subdivision of this   state.                (6)  "Port of entry" means a port or place designated by   the United States Department of Homeland Security at which an alien   may apply to the department for admission into the United States.                (7)  "Task force" means the Border Protection Task   Force established under this chapter.          Sec. 425.002.  BORDER SECURITY ADVISORY COUNCIL TO RECOMMEND   STATE AGENCY FOR BORDER PROTECTION TASK FORCE. (a)  The Border   Security Advisory Council established under Section 421.0425 shall   provide to the governor a list of recommendations for the state   agency that will establish the Border Protection Task Force.          (b)  The governor shall select from the list under Subsection   (a) the state agency that will establish the Border Protection Task   Force.          Sec. 425.003.  BORDER PROTECTION TASK FORCE ESTABLISHED.   (a) The governing body of the state agency selected under Section   425.002 shall establish the Border Protection Task Force as a   division within the agency to provide cross-functional expertise to   border protection operations and improve efficiency and   effectiveness of the border protection operations of the state   agencies and political subdivisions of this state.          (b)  The governing body shall appoint, with the approval of   the governor, a chief of the task force.          (c)  The chief serves at the will of the governing body.          Sec. 425.004.  TERM OF AUTHORIZATION. (a) The task force is   subject to appropriations from the legislature and continues in   existence until September 1, 2031, unless reauthorized by the   legislature.          (b)  This chapter expires September 1, 2031.          Sec. 425.005.  HEADQUARTERS; REGIONAL OFFICES. The task   force must be headquartered in the border region. The task force may   establish regional offices along the Texas-Mexico border.          Sec. 425.006.  CONSOLIDATION OF STATE AGENCY BORDER   OPERATIONS. (a)  The chief shall identify resources the task force   needs to conduct border protection operations, including   personnel, equipment, and facilities owned or controlled by state   agencies that conduct border protection operations under Operation   Lone Star.  The chief may identify any resources dedicated to border   security that are owned or controlled by:                 (1)  the office of the governor;                (2)  the office of the attorney general;                (3)  the Department of Public Safety;                (4)  the Texas Military Department;                (5)  the Parks and Wildlife Department;                (6)  the Texas Alcoholic Beverage Commission;                (7)  the Texas Department of Criminal Justice;                (8)  the Texas Commission on Jail Standards;                (9)  the Texas Commission on Law Enforcement;                (10)  the Office of Court Administration of the Texas   Judicial System;                (11)  the Department of State Health Services;                (12)  the Texas Department of Motor Vehicles;                (13)  the State Soil and Water Conservation Board; and                (14)  any other state agency designated by the   governor.          (b)  Each state agency that owns or controls resources   identified under Subsection (a) shall by written agreement with the   task force dedicate those resources to the task force and its   duties.          Sec. 425.007.  REIMBURSEMENT FOR STATE USE OF LOCAL   GOVERNMENT RESOURCES.  (a)  The chief shall identify resources the   task force needs to conduct border protection operations, including   personnel, equipment, and facilities owned or controlled by local   governments that conduct border protection operations along the   Texas-Mexico border.          (b)  A local government that owns or controls resources   identified under Subsection (a) may by written agreement with the   task force dedicate those resources to the task force and its   duties.          (c)  A local government that dedicates resources to the task   force under this section is entitled to reimbursement for the use of   those resources as provided by the written agreement under   Subsection (b) and the General Appropriations Act.          Sec. 425.008.  GIFTS, GRANTS, AND DONATIONS.  The task force   may accept gifts, grants, and donations from any source, including   private and nonprofit organizations, for the purposes of   implementing this chapter.          Sec. 425.009.  FEDERAL AND LOCAL COOPERATION. The task   force shall coordinate with any federal agency or any local   government as necessary to carry out the duties of the task force.   SUBCHAPTER B. POWERS AND DUTIES          Sec. 425.051.  GENERAL POWERS AND DUTIES OF CHIEF; RULES.   (a)  The chief shall:                 (1)  formulate plans and policies for the protection of   the citizens of this state in the Texas-Mexico border region,   including the air, maritime, and land borders of this state;                (2)  organize the task force and supervise its   operation;                (3)  maintain records of all task force proceedings and   official orders; and                (4)  biennially submit a report of the task force's   operations to the governor and legislature.          (b)  The chief is directly responsible to the governing body   for the conduct of the task force and shall act as the chief   administrative officer of the task force.          (c)  The chief, with the approval of the governing body, may   adopt rules necessary to carry out the duties of the task force,   including rules for procuring equipment and facilities, providing   training, and adopting policies governing the personnel of the task   force.          Sec. 425.052.  OPERATIONAL PLAN TO COORDINATE BORDER   PROTECTION. (a) The chief or the chief's designee shall develop and   recommend to the governor, the legislature, and the governing body   a strategic plan that establishes the framework for the budgeting   and operations of the task force, including homeland security   strategies, to be administered by the task force and state agencies   that provide assistance to the task force.          (b)  The strategic plan under Subsection (a) must include:                (1)  goals and performance measures that involve   collaboration with other state agencies and local governments; and                (2)  an evaluation of 8 U.S.C. Section 1325(a) and   other federal laws relating to the requirement that the admission   of aliens into the United States occur only at ports of entry.          (c)  The chief shall annually report to the governor, the   legislature, and the governing body on the implementation of the   strategic plan.          Sec. 425.053.  DEPUTY CHIEFS. The chief, with the approval   of the governing body, may appoint deputy chiefs and regional   commanders to oversee the regional offices authorized by Section   425.005.          Sec. 425.054.  OFFICERS AND OTHER EMPLOYEES. (a) The chief   may commission, with the approval of the governing body, officers   of the task force as peace officers.          (b)  The chief may hire any employees as necessary to carry   out the duties of the task force.          Sec. 425.055.  QUALIFICATIONS. (a) To be a commissioned   officer of the task force, a person must hold or obtain a peace   officer license under Chapter 1701, Occupations Code.          (b)  To be a noncommissioned officer of the task force, a   person must meet the qualifications set by the chief by rule.          (c)  The chief may provide by rule for the qualifications of   any other employees of the task force.          (d)  The task force is an equal employment opportunity   employer, and the task force may not discriminate against or give   preferential treatment to any employee or job applicant on account   of the individual's race, color, sex, national origin, or religion.          Sec. 425.056.  TRAINING. The task force shall acquire   equipment and facilities and conduct training necessary to carry   out the operational, intelligence, communication, logistics, and   administrative duties of the task force, including land, air, and   maritime responsibilities. The task force shall conduct the   training in the border region.          Sec. 425.057.  AUTHORITY OF DEDICATED PERSONNEL. (a)  A   person dedicated to the task force and its duties under Section   425.006 or 425.007 retains the authority of the office held by the   person with the dedicating state agency or local government and may   exercise any powers granted to the task force under this chapter   with the approval of the chief.          (b)  The governing body, with the approval of the governor,   may assign the person additional duties consistent with the duties   of the task force under this chapter.          Sec. 425.058.  USE OF DEDICATED PROPERTY. Any property,   including equipment or facilities, dedicated to the task force and   its duties under Section 425.006 or 425.007 may be used for the   purposes of the dedicating state agency or local government or the   purposes of the task force.   ARTICLE 3. EFFECTIVE DATE          SECTION 3.01.  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, 2023.