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