By: Guillen, Raymond, Muñoz, Jr.,	H.B. No. 7
	Morales of Maverick, Lopez of Cameron,

	A BILL TO BE ENTITLED
	AN ACT
	relating to border protection and economic development services,
	programs, and other measures, including establishing educational
	programs and the border protection unit, in this state to address
	the effects of ongoing disasters, including disasters caused by
	transnational and other criminal activity and public health
	threats.
	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 may 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 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 significantly 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 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 section 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(c).
	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. 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 the safety and
	security of the citizens of this state;
	(4)  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;
	(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 and
	similar transportation facilities in the border region that provide
	for detailed monitoring of commercial motor vehicles traveling
	along the roadways and facilities.
	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. 421.114.  RULES. The office may adopt rules for the
	administration of this subchapter.
	Sec. 421.115.  REPORTING REQUIREMENTS. (a) The recipient
	of funds for a purpose described by Section 421.112 shall submit to
	the office reports on an interval prescribed by the office
	regarding the use of the funds and any other issue related to the
	funds as determined by the office.
	(b)  Funds received by a state agency for a purpose described
	by Section 421.112 are considered border security funding for
	purposes of reporting requirements in the General Appropriations
	Act.
	Sec. 421.116.  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 adopt rules as
	necessary to implement Subchapter G, Chapter 421, Government Code,
	as added by this Act.
	ARTICLE 5. BORDER PROTECTION PROPERTY DAMAGE PROGRAM
	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 or 20.06, 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 program established under Chapter
	56C.
	SECTION 5.03.  Title 1, Code of Criminal Procedure, is
	amended by adding Chapter 56C to read as follows:
	CHAPTER 56C. BORDER PROPERTY DAMAGE COMPENSATION PROGRAM
	Art. 56C.001.  DEFINITIONS. In this chapter:
	(1)  "Border crime" means conduct:
	(A)  constituting an offense under:
	(i)  Subchapter D, Chapter 481, Health and
	Safety Code;
	(ii)  Section 20.05, 20.06, or 38.04, Penal
	Code; or
	(iii)  Chapter 20A, Penal Code; and
	(B)  involving transnational criminal activity.
	(2)  "Border region" has the meaning assigned by
	Section 772.0071, Government Code.
	(3)  "Trespasser" has the meaning assigned by Section
	75.007, Civil Practice and Remedies Code.
	Art. 56C.002.  ADMINISTRATION; RULES. (a) The attorney
	general shall adopt rules to administer this chapter.
	(b)  Subchapters A and B, Chapter 2001, Government Code,
	except Sections 2001.004(3) and 2001.005, apply to the attorney
	general.
	(c)  The attorney general may delegate to a person in the
	attorney general's office a power or duty given to the attorney
	general under this chapter.
	Art. 56C.003.  BORDER PROPERTY DAMAGE COMPENSATION PROGRAM.
	(a) From the funding sources described by Subsection (b), the
	attorney general shall establish and administer a program to
	compensate persons residing in the border region who suffer real or
	personal property damage caused by:
	(1)  a trespasser as a result of an offense under
	Chapter 28, Penal Code, that was committed in the course of or in
	furtherance of a border crime; or
	(2)  a law enforcement response to a trespasser who was
	engaged in a border crime.
	(b)  The attorney general may use money from the following
	sources to establish the program described by Subsection (a):
	(1)  money appropriated, credited, or transferred by
	the legislature for purposes of the program;
	(2)  revenue that the legislature by statute dedicates
	for deposit to the credit of the program;
	(3)  investment earnings and interest earned on money
	held for purposes of administering the program;
	(4)  gifts, grants, and donations received by the state
	for purposes of the program; and
	(5)  proceeds received under Article 59.06(v).
	(c)  The attorney general shall establish:
	(1)  eligibility criteria for compensation under this
	article, including requirements for providing proof of eligibility
	for compensation;
	(2)  application procedures;
	(3)  criteria for evaluating applications and awarding
	compensation;
	(4)  guidelines related to compensation amounts,
	provided that the maximum amount awarded per incident causing
	damage may not exceed $75,000; and
	(5)  procedures for monitoring the use of compensation
	awarded under this article and ensuring compliance with any
	conditions of the award.
	(d)  The attorney general may not award compensation under
	this article for property damage caused by a trespasser described
	by Subsection (a)(1) unless the damage is documented in a written
	report by a law enforcement agency as having occurred in connection
	with a border crime.
	(e)  In awarding compensation under this article for
	property damage caused by a trespasser described by Subsection
	(a)(1), the attorney general may not consider the outcome of any
	criminal prosecution arising out of the offense under Chapter 28,
	Penal Code, as a result of which the applicant suffered property
	damage or the applicable offense listed in Article 56C.001(1)(A).
	Art. 56C.004.  HEARINGS AND PREHEARING CONFERENCES. (a)
	The attorney general shall determine whether a hearing on an
	application for compensation under this chapter is necessary.
	(b)  On determining that a hearing is not necessary, the
	attorney general may approve the application.
	(c)  On determining that a hearing is necessary or on request
	for a hearing by the applicant, the attorney general shall consider
	the application at a hearing at a time and place of the attorney
	general's choosing. The attorney general shall notify all
	interested persons not later than the 10th day before the date of
	the hearing.
	(d)  At the hearing the attorney general shall:
	(1)  review the application for compensation; and
	(2)  receive other evidence that the attorney general
	finds necessary or desirable to evaluate the application properly.
	(e)  The attorney general may appoint hearing officers to
	conduct hearings or prehearing conferences under this chapter.
	(f)  A hearing or prehearing conference is open to the public
	unless the hearing officer or attorney general determines in a
	particular case that all or part of the hearing or conference should
	be held in private because a private hearing or conference is in the
	interest of the applicant.
	(g)  Subchapters C through H, Chapter 2001, Government Code,
	do not apply to the attorney general or the attorney general's
	orders and decisions.
	Art. 56C.005.  ANNUAL REPORT. Not later than the 100th day
	after the end of each state fiscal year, the attorney general shall
	submit to the governor and the legislature a report on the attorney
	general's activities under this chapter during the preceding fiscal
	year that includes the following information, disaggregated by each
	offense listed in Article 56C.001(1)(A):
	(1)  the number of applications made;
	(2)  the number of applicants receiving compensation;
	and
	(3)  the amount of compensation awarded.
	Art. 56C.006.  PAYER OF LAST RESORT. (a) The program
	established under Article 56C.003 is a payer of last resort for
	property damage described by that article.
	(b)  The attorney general may not award compensation to an
	applicant under Article 56C.003 if the attorney general determines
	that the applicant:
	(1)  is eligible for reimbursement from another source,
	including under an insurance contract or a state, local, or federal
	program; and
	(2)  failed to seek reimbursement from the source
	described by Subdivision (1).
	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, excluding direct
	financial incentives to the company.
	Sec. 481.244.  GIFTS, GRANTS, AND DONATIONS. In addition to
	funds appropriated, credited, or transferred by the legislature for
	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. BORDER PROTECTION PROGRAM OF DEPARTMENT OF PUBLIC
	SAFETY
	SECTION 8.01.  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:
	(A)  the Public Safety Commission; and
	(B)  either:
	(i)  the Director of the Department of
	Public Safety; or
	(ii)  the unit chief of the Border
	Protection Unit;
	(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.
	SECTION 8.02.  Section 411.002(a), Government Code, is
	amended to read as follows:
	(a)  The Department of Public Safety of the State of Texas is
	an agency of the state to enforce the laws protecting the public
	safety, [and] provide for the prevention and detection of crime,
	and defend and secure the state's air, maritime, and land borders.
	The department is composed of the Texas Rangers, the Texas Highway
	Patrol, the Border Protection Unit, the administrative division,
	and other divisions that the commission considers necessary.
	SECTION 8.03.  Section 411.004, Government Code, is amended
	to read as follows:
	Sec. 411.004.  DUTIES AND POWERS OF COMMISSION. The
	commission shall:
	(1)  formulate plans and policies for:
	(A)  enforcement of state criminal, traffic, and
	safety laws;
	(B)  prevention of crime;
	(C)  detection and apprehension of persons who
	violate laws; [and]
	(D)  education of citizens of this state in the
	promotion of public safety and the observance of law; and
	(E)  defense and security of this state's air,
	maritime, and land borders;
	(2)  organize the department and supervise its
	operation;
	(3)  adopt rules considered necessary for carrying out
	the department's work;
	(4)  maintain records of all proceedings and official
	orders; and
	(5)  biennially submit a report of its work to the
	governor and legislature, including the commission's and director's
	recommendations.
	SECTION 8.04.  Section 411.006(a), Government Code, is
	amended to read as follows:
	(a)  Subject to Section 411.556, the [The] director shall:
	(1)  be directly responsible to the commission for the
	conduct of and act as executive director of the Texas Highway
	Patrol, the Texas Rangers, and other administrative divisions and
	departments assigned by the commission, other than the Border
	Protection Unit [the department's affairs];
	(2)  [act as executive director of the department;
	[(3)]  act with the commission in an advisory capacity,
	without vote;
	(3) [(4)]  adopt rules, subject to commission
	approval, considered necessary for the control of the department;
	(4) [(5)]  issue commissions as law enforcement
	officers, under the commission's direction, to all members of the
	Texas Rangers and the Texas Highway Patrol and to other officers of
	the department;
	(5) [(6)]  appoint, with the advice and consent of the
	commission, the head of a division or bureau provided for by this
	chapter;
	(6) [(7)]  quarterly, annually, and biennially submit
	to the commission detailed reports of the operation of the
	department, including statements of its expenditures; and
	(7) [(8)]  prepare, swear to, submit to the governor,
	and file in the department's records a quarterly statement
	containing an itemized list of all money received and its source and
	all money spent and the purposes for which it was spent.
	SECTION 8.05.  Section 411.007(a), Government Code, is
	amended to read as follows:
	(a)  Subject to the provisions of this chapter, the director
	may appoint, promote, reduce, suspend, or discharge any officer or
	employee of the department, other than an officer or employee of the
	Border Protection Unit.
	SECTION 8.06.  Section 411.017(a), Government Code, is
	amended to read as follows:
	(a)  A person commits an offense if, without the director's
	authorization, the person:
	(1)  manufactures, sells, or possesses a badge,
	identification card, or other item bearing a department insignia or
	an insignia deceptively similar to the department's;
	(2)  makes a copy or likeness of a badge,
	identification card, or department insignia, with intent to use or
	allow another to use the copy or likeness to produce an item bearing
	the department insignia or an insignia deceptively similar to the
	department's; or
	(3)  uses the term "Texas Department of Public Safety,"
	"Department of Public Safety," "Texas Ranger," [or] "Texas Highway
	Patrol," or "Border Protection Unit" in connection with an object,
	with the intent to create the appearance that the object belongs to
	or is being used by the department.
	SECTION 8.07.  Chapter 411, Government Code, is amended by
	adding Subchapter S to read as follows:
	SUBCHAPTER S. BORDER PROTECTION UNIT
	Sec. 411.551.  DEFINITIONS. In this subchapter:
	(1)  "Border region" has the meaning assigned by
	Section 772.0071.
	(2)  "Unit" means the Border Protection Unit.
	(3)  "Unit chief" means the person appointed under
	Section 411.555 as the unit chief.
	Sec. 411.552.  BORDER PROTECTION UNIT; TERM OF
	AUTHORIZATION. (a) The unit is a division under the commission
	consisting of the number of commissioned officers and other
	employees authorized by the legislature.
	(b)  The unit is subject to appropriations by the legislature
	and, unless continued in existence by the legislature, is abolished
	December 31, 2030.
	(c)  This subchapter expires December 31, 2030.
	Sec. 411.553.  LIMITATION ON CERTAIN POWERS. The unit and
	the department, as applicable, may provide law enforcement services
	as authorized by this subchapter, including Sections 411.0095,
	411.560(b), and 411.563, in a county in the border region only to
	the extent authorized in writing by the commissioners court of that
	county.
	Sec. 411.554.  HEADQUARTERS. The unit must be headquartered
	in the border region.
	Sec. 411.555.  UNIT CHIEF. (a) The governor shall appoint a
	United States citizen to serve as the unit chief of the Border
	Protection Unit. The unit chief serves until removed by the
	governor.
	(b)  The unit chief may appoint, with the advice and consent
	of the commission, deputy unit chiefs and assistant unit chiefs who
	shall perform the duties that the unit chief designates. Deputy
	unit chiefs and assistant unit chiefs serve until removed by the
	unit chief.
	(c)  The unit chief, deputy unit chiefs, and assistant unit
	chiefs are entitled to annual salaries as provided by the
	legislature.
	Sec. 411.556.  GENERAL POWERS AND DUTIES OF UNIT AND UNIT
	CHIEF. (a) The unit chief shall:
	(1)  be directly responsible to the commission for all
	conduct of the unit, but may be removed only by the governor under
	Section 411.555;
	(2)  act as the executive director of the unit;
	(3)  act with the commission in an advisory capacity,
	without vote;
	(4)  adopt rules, subject to commission approval,
	considered necessary for the control and general administration of
	the unit, including rules governing the procurement of facilities
	and equipment for the unit and the training and working conditions
	for unit personnel;
	(5)  issue commissions as law enforcement officers,
	under the commission's direction, to members of the unit;
	(6)  create as necessary, with the advice and consent
	of the commission, operational or administrative divisions within
	the unit and appoint heads of those divisions;
	(7)  employ as necessary commissioned officers and
	other employees to perform unit operations and functions;
	(8)  quarterly, annually, and biennially submit to the
	commission detailed reports of the operation of the unit, including
	statements of its expenditures; and
	(9)  prepare, swear to, submit to the governor, and
	file in the unit's records a quarterly statement containing an
	itemized list of all money received and its source and all money
	spent and the purposes for which it was spent.
	(b)  The unit chief or unit chief's designee shall provide to
	members of the commission and to employees of the unit, as often as
	necessary, information regarding the requirements for office or
	employment under this chapter, including information regarding a
	person's responsibilities under applicable law relating to
	standards of conduct for state officers or employees.
	(c)  Subject to Subsection (d), the following provisions
	apply to the unit chief with respect to the unit in the same manner
	as the provisions apply to the director with respect to the
	department or, as applicable, apply to the unit when acting at the
	direction of the unit chief in the same manner as the provisions
	apply to the department when acting at the direction of the
	director:
	(1)  Section 411.007;
	(2)  Section 411.0071;
	(3)  Section 411.0075;
	(4)  Section 411.0079;
	(5)  Section 411.009;
	(6)  Section 411.0095;
	(7)  Section 411.0097, as added by Section 3, Chapter
	556 (H.B. 1239), Acts of the 79th Legislature, Regular Session,
	2005;
	(8)  Section 411.0097, as added by Section 1, Chapter
	693 (S.B. 293), Acts of the 79th Legislature, Regular Session,
	2005;
	(9)  Section 411.0098;
	(10)  Section 411.013(b);
	(11)  Section 411.0131;
	(12)  Section 411.0132;
	(13)  Section 411.0141(e);
	(14)  Section 411.015;
	(15)  Section 411.016;
	(16)  Section 411.0161;
	(17)  Section 411.0162;
	(18)  Section 411.0163;
	(19)  Section 411.0164;
	(20)  Section 411.017;
	(21)  Section 411.018;
	(22)  Sections 411.0207(c)(1)-(5);
	(23)  Sections 411.0208(d) and (e);
	(24)  Section 411.0209;
	(25)  Section 411.02095;
	(26)  Section 411.0865;
	(27)  Section 411.087(e);
	(28)  Section 411.0891; and
	(29)  Section 411.154.
	(d)  The director may not exercise any operational or
	administrative control over the unit chief or the unit. The unit
	chief may not exercise any operational or administrative control
	over the director or the department, other than the unit.
	(e)  The unit is a criminal justice agency for purposes of
	this chapter.
	(f)  The unit is a law enforcement agency for purposes of
	Section 411.1471(b).
	(g)  The unit may assist local law enforcement with the
	investigation of crime.
	Sec. 411.557.  OFFICE OF AUDIT AND REVIEW FOR UNIT. The
	governor shall establish the office of audit and review within the
	unit and appoint the director of the office to perform the duties
	under Subchapter I with respect to the unit. The director of the
	office of audit and review of the unit shall serve until removed by
	the governor.
	Sec. 411.558.  INSPECTOR GENERAL FOR UNIT. (a) The governor
	shall establish the office of the inspector general within the unit
	and appoint the inspector general of the unit who shall perform with
	respect to the unit the duties of Subchapter I-1 or as may be
	provided by other law. The inspector general of the unit shall
	serve until removed by the governor.
	(b)  The inspector general of the unit is responsible for:
	(1)  preparing and delivering assessments concerning
	the administration of the unit to the governor, the legislature,
	and the unit chief;
	(2)  acting to prevent and detect serious breaches of
	unit policy, fraud, and abuse of office, including any acts of
	criminal conduct within the unit; and
	(3)  independently and objectively reviewing,
	investigating, delegating, and overseeing the investigation of:
	(A)  conduct described by Subdivision (2);
	(B)  criminal activity occurring within the unit;
	(C)  allegations of wrongdoing by unit employees;
	(D)  crimes committed on unit property; and
	(E)  serious breaches of unit policy.
	Sec. 411.559.  OFFICERS; OTHER EMPLOYEES. (a) The unit
	chief may employ commissioned officers meeting the qualifications
	described by Section 411.561 to perform the duties of the unit.
	Those officers are entitled to compensation as provided by the
	legislature and must be recruited and trained within the border
	region to the extent practicable.
	(b)  The unit chief may employ individuals who are not
	officers as necessary to carry out the duties of the unit.
	(c)  Subject to the provisions of this chapter, the unit
	chief may appoint, promote, reduce, suspend, or discharge any
	officer or employee of the unit.
	Sec. 411.5591.  USE OF PERSONAL VEHICLE PROHIBITED.
	Notwithstanding any other provision of this subchapter, an officer
	or other employee of the unit may not use the officer's or
	employee's personal vehicle to conduct a traffic stop for any
	purpose related to the officer's or employee's duties.
	Sec. 411.560.  AUTHORITY OF OFFICERS. (a) A commissioned
	officer of the unit is governed by the law regulating and defining
	the powers and duties of sheriffs performing similar duties, except
	that the officer may make arrests and execute processes in a
	criminal case in any county in the border region.
	(b)  A commissioned officer of the unit may, to the extent
	consistent with the United States and Texas Constitutions, arrest,
	apprehend, or detain persons crossing the Texas-Mexico border
	unlawfully, and deter persons attempting to cross the border
	unlawfully, including with the use of non-deadly crowd control
	measures.
	Sec. 411.561.  QUALIFICATIONS. (a) To be a commissioned
	officer of the unit, a person must hold a peace officer license
	issued under Chapter 1701, Occupations Code, and meet any other
	qualifications set by the commission.
	(a-1)  The unit chief may not employ an officer or other
	employee if the officer or other employee:
	(1)  has been convicted of a violent offense; or
	(2)  has been dishonorably discharged from the armed
	forces of the United States or the Texas military forces as shown by
	the service member's release or discharge documentation.
	(a-2)  For purposes of Subsection (a-1):
	(1)  "Texas military forces" has the meaning assigned
	by Section 437.001.
	(2)  "Violent offense" means an offense under the law
	of any state that has as an element the use, attempted use, or
	threatened use of physical force against any person.
	(b)  The unit is an equal employment opportunity employer and
	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. 411.562.  FACILITIES AND EQUIPMENT; TRAINING. The unit
	shall acquire equipment and facilities and conduct training
	necessary to fulfill the operational, intelligence, communication,
	logistics, and administrative duties provided by this chapter and
	the unit chief.
	Sec. 411.563.  LAW ENFORCEMENT BORDER PROTECTION FUNCTIONS.
	The unit chief and director may order commissioned officers under
	their authority to take, and the commissioned officers may take,
	the following actions to the extent consistent with the United
	States and Texas Constitutions:
	(1)  deter and repel persons attempting to enter this
	state unlawfully at locations other than ports of entry;
	(2)  return aliens to Mexico who:
	(A)  have been observed actually crossing the
	Texas-Mexico border unlawfully; and
	(B)  were apprehended, detained, or arrested in
	the vicinity of the Texas-Mexico border; and
	(3)  enhance the examination of aircraft, ships,
	vehicles, railcars, and cargo at or near ports of entry for the
	purposes of interdicting fentanyl and other dangerous drugs and
	interdicting human smuggling.
	Sec. 411.564.  OPERATIONAL PLAN TO COORDINATE BORDER
	SECURITY. (a) The unit shall develop and recommend to the governor
	and report to the legislature a strategic plan that establishes the
	framework for the budget and operations of the unit, including
	homeland security strategies and the assistance of other state and
	local entities. The unit shall annually report to the governor and
	the legislature on the implementation of the strategic plan.
	(b)  The unit shall include in the strategic plan goals,
	objectives, and performance measures that involve collaboration
	with other state agencies and local entities.
	(c)  The unit shall create plans and conduct operations
	consistent with the strategic plan.
	SECTION 8.08.  As soon as practicable after the effective
	date of this Act, the governor shall appoint the unit chief as
	prescribed by Section 411.555, Government Code, as added by this
	Act.
	ARTICLE 9. SEVERABILITY
	SECTION 9.01.  (a) If any provision of this Act or its
	application to any person or circumstance is held invalid, the
	invalidity does not affect other provisions or applications of this
	Act that can be given effect without the invalid provision or
	application, and to this end the provisions of this Act are declared
	to be severable.
	(b)  Subsection (a) of this section does not affect another
	severability provision contained in this Act.
	ARTICLE 10. EFFECTIVE DATE
	SECTION 10.01.  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.