Relating to border protection and economic development services, programs, and other measures, including measures to recruit health care professionals to the border region, improve border inspection efficiency, and enhance border region airport security and capacity, and establishing certain educational programs.

89(R) HB 5520 - Engrossed version - Bill Text

By: Gámez

H.B. No. 5520

A BILL TO BE ENTITLED

AN ACT

relating to border protection and economic development services,

programs, and other measures, including measures to recruit health

care professionals to the border region, improve border inspection

efficiency, and enhance border region airport security and

capacity, and establishing certain educational programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. SHORT TITLE

SECTION 1.01. This Act may be cited as the Border

Enhancement Act.

ARTICLE 2. DEPARTMENT OF PUBLIC SAFETY DUTIES

SECTION 2.01. Subchapter A, Chapter 411, Government Code,

is amended by adding Sections 411.02091 and 411.02092 to read as

follows:

Sec.

411.02091.

BORDER SECURITY LIAISON.

(a)

The

department shall designate a department employee to act as the

liaison between the department and each sector for border

operations established by the United States Customs and Border

Protection.

(b)

The department shall avoid duplicative efforts, improve

efficacy of deployed resources, and ensure efficient allocation of

department resources along the Texas-Mexico border.

Sec.

411.02092.

BORDER SECURITY PRIORITIES AND EQUIPMENT.

(a)

The department shall pursue strategies and efforts for

securing the Texas-Mexico border.

(b)

The department may purchase for use at or near the

Texas-Mexico border equipment that increases the efficacy and

efficiency of inspecting vehicles entering this state from Mexico,

including equipment that uses radiography (X-rays) to inspect

vehicles and freight.

ARTICLE 3. GRANT PROGRAM FOR COURTS IN THE BORDER REGION

SECTION 3.01. Chapter 72, Government Code, is amended by

adding Subchapter H to read as follows:

SUBCHAPTER H. BORDER COURT GRANT PROGRAM

Sec.

72.201.

DEFINITION.

In this subchapter, "border

region" has the meaning assigned by Section 772.0071.

Sec.

72.202.

GRANT PROGRAM.

(a)

From money appropriated

for that purpose, the office shall establish and administer a grant

program to support the operation of courts in the border region.

(b)

In addition to other funds appropriated by the

legislature and for purposes of administering and funding the grant

program, the office may:

(1)

seek and apply for any available federal funds;

and

(2)

solicit and accept gifts, grants, and donations

from any other source, public or private, as necessary to ensure

resources are available to achieve the purpose described by

Subsection (a).

(c)

The grants awarded under this subchapter may be used for

the reimbursement of costs associated with the operation of a

court, including the:

(1)

salary of a visiting judge appointed under Chapter

74;

(2)

salary and benefits of an associate judge, court

coordinator, court administrator, court reporter, and court

interpreter;

(3)

salary and benefits of district and county clerk

staff;

(4)

travel costs and other expenses incurred by court

personnel and judges in the performance of their duties;

(5)

cost of equipment necessary for personnel

dedicated to processing and adjudicating cases; or

(6)

fees and related expenses for the appointment of

counsel to represent an indigent defendant under Chapter 26, Code

of Criminal Procedure, or the costs to operate a public defender's

office or managed assigned counsel program under that chapter, as

those fees and expenses relate to the adjudication of cases in

courts in the border region.

Sec.

72.203.

RULES.

(a)

The office shall adopt rules for

the administration and operation of the grant program established

under this subchapter.

(b) In adopting the rules, the office shall:

(1)

conduct a study of the data collected for this

purpose or otherwise available on crime, arrests, detentions, and

convictions to identify offenses for which prosecutions have

increased as a result of Operation Lone Star; and

(2)

solicit from governmental officials, community

leaders, and other interested persons in the border region

information necessary to identify the courts of the region needing

financial assistance.

(c) The rules must include:

(1)

administrative provisions for grants awarded

under this subchapter, including:

(A)

eligibility criteria for grant applicants,

including criteria to limit eligibility to those applicants

experiencing an increase in caseloads;

(B) grant application procedures;

(C) guidelines relating to grant amounts;

(D)

procedures for evaluating grant

applications; and

(E) procedures for monitoring the use of grants;

(2)

methods for tracking the effectiveness of grants

and the efficiency of the applicants receiving grants; and

(3)

procedures for reporting caseload data at least

annually, including caseload data necessary to update the study

described by Section 72.2055.

Sec.

72.204.

GRANT AMOUNTS. The amount of a grant awarded

under this subchapter may not exceed the amount set by the General

Appropriations Act.

Sec.

72.205.

REPORTING REQUIREMENTS FOR GRANT RECIPIENTS.

The recipient of a grant awarded under this subchapter shall submit

to the office an annual report on the grant money spent during the

year covered by the report and the purposes for which that money was

spent.

Sec.

72.2055.

ANNUAL REPORT BY OFFICE. Annually, the

office shall update the study conducted under Section 72.203(b)(1)

using caseload data required to be reported under the rules adopted

under Section 72.203.

Sec.

72.206.

ADMINISTRATIVE COSTS.

Unless otherwise

provided by the appropriation, in each state fiscal year, the

office may use a reasonable amount, not to exceed five percent, of

any general revenue appropriated for purposes of this subchapter

for that state fiscal year to pay the costs of administering the

grant program.

SECTION 3.02. As soon as practicable after the effective

date of this Act, the Office of Court Administration of the Texas

Judicial System shall, with respect to Subchapter H, Chapter 72,

Government Code, as added by this Act:

(1) adopt rules as necessary to implement the

subchapter; and

(2) establish the grant program required by the

subchapter.

ARTICLE 4. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,

EQUIPMENT, AND SERVICES IN THE BORDER REGION

SECTION 4.01. Chapter 421, Government Code, is amended by

adding Subchapter G to read as follows:

SUBCHAPTER G.

USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY

Sec. 421.111. DEFINITIONS. In this subchapter:

(1)

"Border region" has the meaning assigned by

Section 772.0071.

(2) "Local government" means a municipality or county.

(3)

"Office" means the trusteed programs within the

office of the governor.

Sec.

421.112.

USE OF CERTAIN FUNDS. From money

appropriated for that purpose, the office, as authorized by Chapter

418, including Subchapter D of that chapter, shall make funds

available to state agencies and local governments for the following

purposes:

(1)

the construction and maintenance of facilities

related to prosecuting and adjudicating offenses committed in the

border region, including court facilities, processing facilities,

detention facilities for persons who are 10 years of age or older,

regardless of gender, criminal justice centers, and other similar

facilities;

(2)

the payment of staff salaries and benefits and the

payment of operational expenses related to providing law

enforcement services;

(3)

the purchase or maintenance of equipment related

to providing public health and safety services in the border

region, including law enforcement services, communication

services, and emergency services, to enhance safety and security;

(4)

the construction and maintenance of border

security infrastructure, including drive-through mobile cargo

scanners that use radiography (X-rays) to inspect vehicles and

freight, surveillance technology, or other improvements, designed

or adapted to surveil or impede the movement of persons or objects

across the Texas-Mexico border at locations other than ports of

entry;

(5)

the construction of improvements to an area in the

immediate vicinity of a port of entry to enhance vehicle inspection

capabilities and assist in the investigation, interdiction, and

prosecution of persons smuggling individuals or contraband across

the Texas-Mexico border; and

(6)

the construction or improvement of roadways, sea

ports, airports, and similar transportation facilities in the

border region.

Sec.

421.113.

FEDERAL FUNDS; GIFTS, GRANTS, AND DONATIONS.

In addition to funds appropriated by the legislature and for

purposes of this subchapter, the office may:

(1)

seek and apply for any available federal funds;

and

(2)

solicit and accept gifts, grants, and donations

from any other source, public or private.

Sec.

421.1131.

USE OF FEDERAL GRANT MONEY. To the extent

authorized by federal law, the office may use federal money

received under this subchapter for dual-use infrastructure

improvements at general aviation airports in the border region to:

(1) improve border security operations; and

(2)

support regional economic development by

expanding the commercial or cargo capacity of an airport.

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. EDUCATION GRANT PROGRAM AND ESTABLISHMENT OF TEXAS

CENTER FOR BORDER POLICY

SECTION 5.01. 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, in each state fiscal year, the board

may use a reasonable amount, not to exceed five percent, of any

general revenue appropriated for purposes of this subchapter for

that state fiscal year to pay the costs of administering this

subchapter.

SECTION 5.02. (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, 2026, 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 6. TRADE AGRICULTURAL INSPECTION GRANT PROGRAM

SECTION 6.01. Sections 12.050(k) and (l), Agriculture Code,

are amended to read as follows:

(k) Not later than January 15,
2029
[
2025
], the department

shall evaluate the performance of the program under this section

and submit a report to the legislature. The report must include an

evaluation of agricultural inspections affected by the program,

including the extent to which the program is reducing wait times for

agricultural inspections of vehicles at ports of entry along the

border with the United Mexican States.

(l) Unless continued in existence by the legislature, this

section expires September 1,
2029
[
2025
].

SECTION 6.02. The Department of Agriculture is required to

implement a provision of this article only if the legislature

appropriates money specifically for that purpose. If the

legislature does not appropriate money specifically for that

purpose, the department may, but is not required to, implement a

provision of this article using other appropriations available for

that purpose.

ARTICLE 7. TUITION REIMBURSEMENT AND STUDENT LOAN REPAYMENT PROGRAM

FOR HEALTH CARE PROFESSIONALS IN BORDER COMMUNITIES

SECTION 7.01. (a) The Department of State Health Services,

in consultation with the Texas Higher Education Coordinating Board,

shall develop and adopt a plan to establish new and improve existing

tuition reimbursement programs and programs providing assistance

with the repayment of student loans for eligible health care

professionals who are serving in communities near and along the

international border of this state with the United Mexican States.

(b) The plan developed under this section must:

(1) require a health care professional to commit to

full-time employment as a health care professional in the

communities near and along the international border of this state

with the United Mexican States for a specified time to be eligible

for participation in the tuition reimbursement and student loan

repayment programs; and

(2) give preference for participation in the programs

to health care professionals who live in those communities.

(c) Not later than September 1, 2026, the Department of

State Health Services shall submit to the legislature the plan

developed under Subsection (a) of this section and the estimated

cost to this state of implementing the plan.

(d) This section expires January 1, 2027.

ARTICLE 8. EFFECTIVE DATE

SECTION 8.01. 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, 2025.