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A BILL TO BE ENTITLED
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AN ACT
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relating to homeland security issues, including border security |
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issues and homeland security staffing requirements; making an |
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appropriation. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 421.002, Government Code, is amended to |
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read as follows: |
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�������Sec.�421.002.��STATE OFFICE OF HOMELAND SECURITY; HOMELAND |
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SECURITY STRATEGY. �(a) �The State Office of Homeland Security is in |
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the office of the governor.�The governor shall direct homeland |
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security in this state through the State Office of Homeland |
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Security and shall develop a statewide homeland security strategy |
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that improves the state's ability to: |
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�������������(1)��detect and deter threats to homeland security; |
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�������������(2)��respond to homeland security emergencies; and |
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�������������(3)��recover from homeland security emergencies. |
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�������(b)��The State Office of Homeland Security [governor's
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homeland security strategy] shall coordinate homeland security |
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activities among and between local, state, and federal agencies and |
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the private sector. |
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�������(c)��The governor's homeland security strategy [and] must |
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include specific plans for: |
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�������������(1)��intelligence gathering and analysis; |
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�������������(2)��information sharing; |
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�������������(3)��reducing the state's vulnerability to homeland |
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security emergencies; |
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�������������(4)��protecting critical infrastructure; |
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�������������(5)��protecting the state's international border, |
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ports, and airports; |
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�������������(6)��detecting, deterring, and defending against |
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terrorism, including cyber-terrorism and biological, chemical, and |
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nuclear terrorism; |
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�������������(7)��positioning equipment, technology, and personnel |
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to improve the state's ability to respond to a homeland security |
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emergency; |
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�������������(8)��directing the Texas Infrastructure Protection |
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Communications Center and giving the center certain forms of |
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authority to implement the governor's homeland security strategy; |
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and |
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�������������(9)��using technological resources to: |
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�������������������(A)��facilitate the interoperability of |
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government technological resources, including data, networks, and |
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applications; |
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�������������������(B)��coordinate the warning and alert systems of |
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state and local agencies; |
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�������������������(C)��incorporate multidisciplinary approaches to |
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homeland security; and |
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�������������������(D)��improve the security of governmental and |
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private sector information technology and information resources. |
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�������(d)�[(c)]��The governor's homeland security strategy must |
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complement and operate in coordination with the federal homeland |
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security strategy. |
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�������SECTION�2.��Section 421.071, Government Code, is amended to |
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read as follows: |
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�������Sec.�421.071.��COOPERATION AND ASSISTANCE; COMPLIANCE WITH |
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APPLICABLE LAW. (a)�A state or local agency that performs a |
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homeland security activity or a nongovernmental entity that |
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contracts with a state or local agency to perform a homeland |
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security activity shall cooperate with and assist the office of the |
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governor, the Homeland Security Council, the Texas Infrastructure |
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Protection Communications Center, and the National Infrastructure |
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Protection Center in the performance of their duties under this |
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chapter and other state or federal law. |
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�������(b)��A state governmental entity or municipality may not |
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adopt a rule, policy, or ordinance that entails a violation of state |
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or federal law having any relation to homeland security or |
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immigration. A violation of this subsection: |
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�������������(1)��will result in the immediate forfeiture and |
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repayment to the appropriate entity of any funds granted to the |
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state governmental entity or municipality for immigration-related |
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matters or for purposes related to homeland security, including |
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border security; and |
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�������������(2)��makes the state governmental entity or |
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municipality ineligible to receive funding under this chapter for |
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the three-year period beginning on the date the rule, policy, or |
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ordinance is adopted. |
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�������SECTION�3.��Section 421.072, Government Code, is amended by |
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amending Subsection (a) and adding Subsections (d) and (e) to read |
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as follows: |
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�������(a)��The office of the governor shall: |
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�������������(1)��allocate available federal and state grants and |
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other funding related to homeland security to state and local |
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agencies and defense base development authorities created under |
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Chapter 379B, Local Government Code, that perform homeland security |
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activities; |
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�������������(2)��periodically review the grants and other funding |
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for appropriateness and compliance, including compliance with |
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applicable state and federal law; |
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�������������(3)��designate state administering agencies to |
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administer all grants and other funding to the state related to |
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homeland security; and |
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�������������(4)��measure the effectiveness of the homeland security |
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grants and other funding. |
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�������(d)��The governor may allocate funds as necessary to assist |
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state and local law enforcement agencies to acquire additional |
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personnel, equipment, and other operational support that will |
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enable state and local law enforcement agencies to better perform |
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homeland security activities, including activities related to |
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border security or law enforcement emergencies. |
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�������(e)��A violation of applicable state or federal law by a |
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state or local agency receiving a grant or allocation under this |
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section: |
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�������������(1)��will result in the immediate forfeiture and |
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repayment to the appropriate entity of the grant or of the money |
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allocated to the state or local agency; and |
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�������������(2)��makes the state or local agency ineligible to |
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receive funding under this section for the three-year period |
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beginning on the date the applicable state or federal law was |
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violated. |
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�������SECTION�4.��Section 370.003, Local Government Code, is |
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amended to read as follows: |
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�������Sec.�370.003.��MUNICIPAL OR COUNTY POLICY REGARDING |
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ENFORCEMENT OF DRUG LAWS OR LAWS RELATING TO IMMIGRATION. The |
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governing body of a municipality, the commissioners court of a |
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county, or a sheriff, municipal police department, municipal |
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attorney, county attorney, district attorney, or criminal district |
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attorney may not adopt a policy under which the entity will not |
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fully enforce state or federal laws relating to: |
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�������������(1)��drugs, including Chapters 481 and 483, Health and |
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Safety Code; or |
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�������������(2)��immigration [, and federal law]. |
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�������SECTION�5.��The Department of Public Safety shall study |
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whether the department could reorganize in a way that would enable |
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the department to better support the governor's State Office of |
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Homeland Security and this state's homeland security activities, |
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including border security activities. The department shall report |
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the results of its study to the governor and the presiding officer |
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of each house of the legislature not later than November 1, 2008. |
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�������SECTION�6.��The governor's State Office of Homeland Security |
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shall study whether there are existing sources of state revenue |
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that are not currently being used to support homeland security |
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activities that could be used for that purpose. �The office shall |
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report the results of its study to the governor and the presiding |
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officer of each house of the legislature not later than November 1, |
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2008, and include in its report any change in law that would be |
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necessary before its recommendations could be implemented. |
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�������SECTION�7.��In addition to other amounts appropriated for |
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the state fiscal biennium ending August 31, 2009, that may be used |
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for this purpose, the amount of $100,000,000 is appropriated out of |
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the general revenue fund to the trusteed programs within the office |
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of the governor for the state fiscal biennium ending August 31, |
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2009, for use by the governor's State Office of Homeland Security |
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for homeland security activities, including border security |
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activities and personnel requirements. |
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�������SECTION�8.��This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution.��If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |