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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 418.042(a), Government Code, is amended |
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to read as follows: |
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(a) The division shall prepare and keep current a |
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comprehensive state emergency management plan. The plan may |
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include: |
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(1) provisions for prevention and minimization of |
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injury and damage caused by disaster; |
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(2) provisions for prompt and effective response to |
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disaster; |
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(3) provisions for emergency relief; |
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(4) provisions for energy emergencies; |
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(5) identification of areas particularly vulnerable |
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to disasters; |
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(6) recommendations for zoning, building |
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restrictions, and other land-use controls, safety measures for |
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securing mobile homes or other nonpermanent or semipermanent |
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structures, and other preventive and preparedness measures |
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designed to eliminate or reduce disasters or their impact; |
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(7) provisions for assistance to local officials in |
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designing local emergency management plans; |
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(8) authorization and procedures for the erection or |
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other construction of temporary works designed to protect against |
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or mitigate danger, damage, or loss from flood, fire, or other |
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disaster; |
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(9) preparation and distribution to the appropriate |
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state and local officials of state catalogs of federal, state, and |
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private assistance programs; |
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(10) organization of manpower and channels of |
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assistance; |
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(11) coordination of federal, state, and local |
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emergency management activities; |
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(12) coordination of the state emergency management |
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plan with the emergency management plans of the federal government; |
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(13) coordination of federal and state energy |
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emergency plans; [and] |
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(14) the provision of necessary project management |
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resources to support the Texas Data Exchange; and |
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(15) other necessary matters relating to disasters. |
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SECTION 2. Section 418.043, Government Code, is amended to |
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read as follows: |
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Sec. 418.043. OTHER POWERS AND DUTIES. The division shall: |
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(1) determine requirements of the state and its |
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political subdivisions for food, clothing, and other necessities in |
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event of a disaster; |
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(2) procure and position supplies, medicines, |
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materials, and equipment; |
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(3) adopt standards and requirements for local and |
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interjurisdictional emergency management plans; |
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(4) periodically review local and interjurisdictional |
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emergency management plans; |
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(5) coordinate deployment of mobile support units; |
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(6) establish and operate training programs and |
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programs of public information or assist political subdivisions and |
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emergency management agencies to establish and operate the |
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programs; |
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(7) make surveys of public and private industries, |
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resources, and facilities in the state that are necessary to carry |
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out the purposes of this chapter; |
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(8) plan and make arrangements for the availability |
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and use of any private facilities, services, and property and |
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provide for payment for use under terms and conditions agreed on if |
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the facilities are used and payment is necessary; |
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(9) establish a register of persons with types of |
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training and skills important in disaster mitigation, |
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preparedness, response, and recovery; |
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(10) establish a register of mobile and construction |
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equipment and temporary housing available for use in a disaster; |
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(11) prepare, for issuance by the governor, executive |
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orders and regulations necessary or appropriate in coping with |
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disasters; |
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(12) cooperate with the federal government and any |
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public or private agency or entity in achieving any purpose of this |
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chapter and in implementing programs for disaster mitigation, |
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preparation, response, and recovery; [and] |
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(13) provide to the Department of Public Safety the |
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necessary project management resources, including operational |
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support and personnel, to support the Texas Data Exchange; and |
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(14) do other things necessary, incidental, or |
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appropriate for the implementation of this chapter. |
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SECTION 3. 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) establishing and directing the Texas Fusion |
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[Infrastructure Protection Communications] Center and giving the |
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center certain forms of authority to implement the governor's |
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homeland security strategy; [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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and |
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(10) creating and operating a multi-agency |
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coordination system as outlined in the federal Department of |
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Homeland Security publication "National Incident Management |
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System," published March 1, 2004. |
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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 4. Subchapter A, Chapter 421, Government Code, is |
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amended by adding Section 421.0025 to read as follows: |
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Sec. 421.0025. BORDER SECURITY COUNCIL. (a) The Border |
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Security Council consists of members appointed by the governor. |
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(b) The Border Security Council shall develop and recommend |
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to the State Office of Homeland Security performance standards, |
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reporting requirements, audit methods, and other procedures to |
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ensure that funds allocated by the State Office of Homeland |
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Security for purposes related to security at or near this state's |
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international border are used properly and that the recipients of |
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the funds are accountable for the proper use of the funds. |
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(c) The Border Security Council shall advise the State |
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Office of Homeland Security regarding the allocation of funds by |
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the office for purposes related to security at or near this state's |
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international border. Recommendations relating to the allocation |
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of those funds must be made by a majority of the members of the |
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council. |
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(d) The governor shall designate one member of the Border |
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Security Council as the chair. The chair shall arrange meetings of |
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the Border Security Council at times determined by the members of |
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the council. |
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(e) The meetings of the Border Security Council are subject |
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to the requirements of Chapter 551 to the same extent as similar |
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meetings of the Public Safety Commission. The plans and |
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recommendations of the Border Security Council are subject to the |
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requirements of Chapter 552 to the same extent as similar plans and |
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recommendations of the Department of Public Safety of the State of |
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Texas. |
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(f) Service on the Border Security Council by a state |
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officer or employee or by an officer or employee of a local |
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government is an additional duty of the member's office or |
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employment. |
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(g) Chapter 2110 does not apply to the Border Security |
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Council. |
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SECTION 5. Section 421.003, Government Code, is amended to |
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read as follows: |
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Sec. 421.003. CRIMINAL INTELLIGENCE INFORMATION; TEXAS |
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DATA EXCHANGE. (a) The Department of Public Safety of the State of |
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Texas is: |
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(1) the repository in this state for the collection of |
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multijurisdictional criminal intelligence information that is |
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about terrorist activities or otherwise related to homeland |
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security activities; and |
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(2) the state agency that has primary responsibility |
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to analyze and disseminate that information. |
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(b) The Department of Public Safety of the State of Texas |
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shall oversee the Texas Data Exchange and all related information. |
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SECTION 6. Subchapter A, Chapter 421, Government Code, is |
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amended by adding Section 421.005 to read as follows: |
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Sec. 421.005. LEGISLATIVE OVERSIGHT COMMITTEE. (a) The |
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legislative oversight committee on homeland security and border |
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security consists of: |
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(1) the chair of the House Committee on Border and |
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International Affairs; |
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(2) the chair of the House Committee on Defense |
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Affairs and State-Federal Relations; |
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(3) the chair of the House Committee on State Affairs; |
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(4) the chair of the Senate Committee on International |
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Relations and Trade; |
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(5) the chair of the Senate Committee on State |
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Affairs; |
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(6) the chair of the Senate Committee on |
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Transportation and Homeland Security; |
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(7) two additional members of the house of |
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representatives appointed by the speaker of the house of |
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representatives; and |
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(8) two additional members of the senate appointed by |
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the lieutenant governor. |
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(b) The members of the oversight committee appointed under |
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Subsections (a)(7) and (8) serve at the will of the appointing |
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officer. |
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(c) The speaker of the house of representatives and the |
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lieutenant governor shall each designate a cochair from among the |
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committee members. |
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(d) The committee shall meet initially at the joint call of |
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the cochairs and the committee shall subsequently hold meetings and |
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public hearings at the call of the cochairs. |
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(e) The committee shall monitor homeland security and |
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border security issues in this state, including the implementation |
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of laws relating to homeland security and border security. The |
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committee shall issue a report to the legislature not later than |
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December 1 of each even-numbered year. |
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SECTION 7. 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 Fusion |
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[Infrastructure Protection Communications] Center, and the |
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National Infrastructure Protection Center in the performance of |
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their duties under this chapter and other state or federal law. |
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(b) A state governmental entity or political subdivision |
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may not adopt a rule, policy, or ordinance under which the state |
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governmental entity or political subdivision will: |
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(1) not fully enforce state or federal criminal law |
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relating to drugs, including Chapters 481 and 483, Health and |
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Safety Code; |
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(2) refuse to take an action that is authorized under 8 |
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U.S.C. Section 1252c and permitted under state law; or |
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(3) violate 8 U.S.C. Section 1324. |
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(c) If the staff of the office of the attorney general |
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determines that a state governmental entity or political |
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subdivision has violated Subsection (b), the state governmental |
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entity or political subdivision shall promptly forfeit and repay to |
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the appropriate entity all funds granted to the state governmental |
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entity or political subdivision for purposes related to homeland |
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security, including border security. The attorney general may stay |
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the duty to repay pending the outcome of an appeal under Subsection |
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(d). |
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(d) Not later than the 21st day after the date of receiving |
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notice of the determination, a state governmental entity or |
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political subdivision may appeal a determination under Subsection |
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(c) to the attorney general. An appeal under this subsection is a |
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contested case under Chapter 2001. An administrative law judge |
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employed by the State Office of Administrative Hearings shall |
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conduct the contested case hearing. |
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SECTION 8. Section 421.072, Government Code, is amended by |
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amending Subsection (a) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(a) The State Office of Homeland Security, with the advice |
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of the Border Security Council, [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 this |
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section, Section 421.071, and Articles 2.13(d) and (e), Code of |
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Criminal Procedure; |
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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) If the staff of the office of the attorney general |
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determines that a state or local agency receiving a grant or |
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allocation under this section has violated this section, Section |
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421.071, or Article 2.13(d) or (e), Code of Criminal Procedure, the |
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state or local agency shall promptly forfeit and repay to the |
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appropriate entity the grant or allocated funds. The attorney |
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general may stay the duty to repay pending the outcome of an appeal |
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under Subsection (f). |
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(f) Not later than the 21st day after the date of receiving |
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notice of the determination, a state or local agency may appeal a |
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determination under Subsection (e) to the attorney general. An |
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appeal under this subsection is a contested case under Chapter |
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2001. An administrative law judge employed by the State Office of |
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Administrative Hearings shall conduct the contested case hearing. |
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SECTION 9. The heading to Subchapter E, Chapter 421, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER E. TEXAS FUSION [INFRASTRUCTURE PROTECTION
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COMMUNICATIONS] CENTER |
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SECTION 10. Section 421.081, Government Code, is amended to |
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read as follows: |
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Sec. 421.081. FACILITIES AND ADMINISTRATIVE SUPPORT. The |
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Department of Public Safety of the State of Texas at the request of |
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the governor shall provide facilities and administrative support |
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for the Texas Fusion [Infrastructure Protection Communications] |
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Center. |
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SECTION 11. 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 CERTAIN LAWS RELATING TO IMMIGRATION. |
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The 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: |
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(1) not fully enforce criminal laws relating to drugs, |
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including Chapters 481 and 483, Health and Safety Code, and federal |
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law; |
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(2) refuse to take an action that is authorized under 8 |
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U.S.C. Section 1252c and permitted under state law; or |
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(3) violate 8 U.S.C. Section 1324. |
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SECTION 12. Chapter 370, Local Government Code, is amended |
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by adding Section 370.004 to read as follows: |
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Sec. 370.004. PERFORMANCE OF IMMIGRATION OFFICER |
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FUNCTIONS. Notwithstanding any other law, a political subdivision |
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of this state may enter into an agreement under Section 287(g), |
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Immigration and Nationality Act (8 U.S.C. Section 1357(g)), to |
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perform a function of an immigration officer. |
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SECTION 13. The heading to Chapter 370, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
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COUNTY] HEALTH AND PUBLIC SAFETY AFFECTING MORE THAN ONE TYPE OF |
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LOCAL GOVERNMENT |
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SECTION 14. Article 2.13, Code of Criminal Procedure, is |
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amended by adding Subsections (d) and (e) to read as follows: |
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(d) Neither a state governmental entity nor a municipality |
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may adopt a rule, policy, or ordinance, or follow or establish a |
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commonly accepted practice, that requires a peace officer to |
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violate a state or federal criminal law. A peace officer shall |
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disregard a rule, policy, ordinance, or commonly accepted practice |
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that, if followed, would require the officer to violate a state or |
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federal criminal law. |
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(e) It is the duty of each peace officer to report to the law |
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enforcement agency that appoints or employs the peace officer the |
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commission of a federal crime or a conspiracy to commit a federal |
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crime if the officer has knowledge of the crime or conspiracy. If a |
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peace officer reports the commission of a crime under this |
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subsection, it is the duty of the law enforcement agency to report |
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that information to the State Office of Homeland Security. |
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SECTION 15. The House Committee on Corrections may conduct |
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a study to determine whether it would add efficiency to the state's |
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criminal justice system, in terms of time and money, for this state |
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or for certain political subdivisions of this state, to seek one or |
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more agreements under Section 287(g), Immigration and Nationality |
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Act (8 U.S.C. Section 1357(g)). |
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SECTION 16. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2007. |