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  80R17829 BEF-F
 
  By: Swinford, Escobar, Christian, Woolley, H.B. No. 13
      Guillen, et al.
 
Substitute the following for H.B. No. 13:
 
  By:  Cook of Navarro C.S.H.B. No. 13
 
A BILL TO BE ENTITLED
AN ACT
relating to homeland security issues, including border security
issues.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 418.042(a), Government Code, is amended
to read as follows:
       (a)  The division shall prepare and keep current a
comprehensive state emergency management plan. The plan may
include:
             (1)  provisions for prevention and minimization of
injury and damage caused by disaster;
             (2)  provisions for prompt and effective response to
disaster;
             (3)  provisions for emergency relief;
             (4)  provisions for energy emergencies;
             (5)  identification of areas particularly vulnerable
to disasters;
             (6)  recommendations for zoning, building
restrictions, and other land-use controls, safety measures for
securing mobile homes or other nonpermanent or semipermanent
structures, and other preventive and preparedness measures
designed to eliminate or reduce disasters or their impact;
             (7)  provisions for assistance to local officials in
designing local emergency management plans;
             (8)  authorization and procedures for the erection or
other construction of temporary works designed to protect against
or mitigate danger, damage, or loss from flood, fire, or other
disaster;
             (9)  preparation and distribution to the appropriate
state and local officials of state catalogs of federal, state, and
private assistance programs;
             (10)  organization of manpower and channels of
assistance;
             (11)  coordination of federal, state, and local
emergency management activities;
             (12)  coordination of the state emergency management
plan with the emergency management plans of the federal government;
             (13)  coordination of federal and state energy
emergency plans; [and]
             (14)  the provision of necessary project management
resources to support the Texas Data Exchange; and
             (15)  other necessary matters relating to disasters.
       SECTION 2.  Section 418.043, Government Code, is amended to
read as follows:
       Sec. 418.043.  OTHER POWERS AND DUTIES.  The division shall:
             (1)  determine requirements of the state and its
political subdivisions for food, clothing, and other necessities in
event of a disaster;
             (2)  procure and position supplies, medicines,
materials, and equipment;
             (3)  adopt standards and requirements for local and
interjurisdictional emergency management plans;
             (4)  periodically review local and interjurisdictional
emergency management plans;
             (5)  coordinate deployment of mobile support units;
             (6)  establish and operate training programs and
programs of public information or assist political subdivisions and
emergency management agencies to establish and operate the
programs;
             (7)  make surveys of public and private industries,
resources, and facilities in the state that are necessary to carry
out the purposes of this chapter;
             (8)  plan and make arrangements for the availability
and use of any private facilities, services, and property and
provide for payment for use under terms and conditions agreed on if
the facilities are used and payment is necessary;
             (9)  establish a register of persons with types of
training and skills important in disaster mitigation,
preparedness, response, and recovery;
             (10)  establish a register of mobile and construction
equipment and temporary housing available for use in a disaster;
             (11)  prepare, for issuance by the governor, executive
orders and regulations necessary or appropriate in coping with
disasters;
             (12)  cooperate with the federal government and any
public or private agency or entity in achieving any purpose of this
chapter and in implementing programs for disaster mitigation,
preparation, response, and recovery; [and]
             (13)  provide to the Department of Public Safety the
necessary project management resources, including operational
support and personnel, to support the Texas Data Exchange; and
             (14)  do other things necessary, incidental, or
appropriate for the implementation of this chapter.
       SECTION 3.  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)  establishing and directing the Texas Fusion 
[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;
and
             (10)  creating and operating a multi-agency
coordination system as outlined in the federal Department of
Homeland Security publication "National Incident Management
System," published March 1, 2004.
       (d) [(c)]  The governor's homeland security strategy must
complement and operate in coordination with the federal homeland
security strategy.
       SECTION 4.  Subchapter A, Chapter 421, Government Code, is
amended by adding Section 421.0025 to read as follows:
       Sec. 421.0025.  BORDER SECURITY COUNCIL.  (a)  The Border
Security Council consists of members appointed by the governor.
       (b)  The Border Security Council shall develop and recommend
to the State Office of Homeland Security performance standards,
reporting requirements, audit methods, and other procedures to
ensure that funds allocated by the State Office of Homeland
Security for purposes related to security at or near this state's
international border are used properly and that the recipients of
the funds are accountable for the proper use of the funds.
       (c)  The Border Security Council shall advise the State
Office of Homeland Security regarding the allocation of funds by
the office for purposes related to security at or near this state's
international border.  Recommendations relating to the allocation
of those funds must be made by a majority of the members of the
council.
       (d)  The governor shall designate one member of the Border
Security Council as the chair. The chair shall arrange meetings of
the Border Security Council at times determined by the members of
the council.
       (e)  The meetings of the Border Security Council are subject
to the requirements of Chapter 551 to the same extent as similar
meetings of the Public Safety Commission.  The plans and
recommendations of the Border Security Council are subject to the
requirements of Chapter 552 to the same extent as similar plans and
recommendations of the Department of Public Safety of the State of
Texas.
       (f)  Service on the Border Security Council by a state
officer or employee or by an officer or employee of a local
government is an additional duty of the member's office or
employment.
       (g)  Chapter 2110 does not apply to the Border Security
Council.
       SECTION 5.  Section 421.003, Government Code, is amended to
read as follows:
       Sec. 421.003.  CRIMINAL INTELLIGENCE INFORMATION; TEXAS
DATA EXCHANGE.  (a) The Department of Public Safety of the State of
Texas is:
             (1)  the repository in this state for the collection of
multijurisdictional criminal intelligence information that is
about terrorist activities or otherwise related to homeland
security activities; and
             (2)  the state agency that has primary responsibility
to analyze and disseminate that information.
       (b)  The Department of Public Safety of the State of Texas
shall oversee the Texas Data Exchange and all related information.
       SECTION 6.  Subchapter A, Chapter 421, Government Code, is
amended by adding Section 421.005 to read as follows:
       Sec. 421.005.  LEGISLATIVE OVERSIGHT COMMITTEE.  (a)  The
legislative oversight committee on homeland security and border
security consists of:
             (1)  the chair of the House Committee on Border and
International Affairs;
             (2)  the chair of the House Committee on Defense
Affairs and State-Federal Relations;
             (3)  the chair of the House Committee on State Affairs;
             (4)  the chair of the Senate Committee on International
Relations and Trade;
             (5)  the chair of the Senate Committee on State
Affairs;
             (6)  the chair of the Senate Committee on
Transportation and Homeland Security;
             (7)  two additional members of the house of
representatives appointed by the speaker of the house of
representatives; and
             (8)  two additional members of the senate appointed by
the lieutenant governor.
       (b)  The members of the oversight committee appointed under
Subsections (a)(7) and (8) serve at the will of the appointing
officer.
       (c)  The speaker of the house of representatives and the
lieutenant governor shall each designate a cochair from among the
committee members.
       (d)  The committee shall meet initially at the joint call of
the cochairs and the committee shall subsequently hold meetings and
public hearings at the call of the cochairs.
       (e)  The committee shall monitor homeland security and
border security issues in this state, including the implementation
of laws relating to homeland security and border security. The
committee shall issue a report to the legislature not later than
December 1 of each even-numbered year.
       SECTION 7.  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 Fusion 
[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 political subdivision
may not adopt a rule, policy, or ordinance under which the state
governmental entity or political subdivision will:
             (1)  not fully enforce state or federal criminal law
relating to drugs, including Chapters 481 and 483, Health and
Safety Code;
             (2)  refuse to take an action that is authorized under 8
U.S.C. Section 1252c and permitted under state law; or
             (3)  violate 8 U.S.C. Section 1324.
       (c)  If the staff of the office of the attorney general
determines that a state governmental entity or political
subdivision has violated Subsection (b), the state governmental
entity or political subdivision shall promptly forfeit and repay to
the appropriate entity all funds granted to the state governmental
entity or political subdivision for purposes related to homeland
security, including border security.  The attorney general may stay
the duty to repay pending the outcome of an appeal under Subsection
(d).
       (d)  Not later than the 21st day after the date of receiving
notice of the determination, a state governmental entity or
political subdivision may appeal a determination under Subsection
(c) to the attorney general.  An appeal under this subsection is a
contested case under Chapter 2001.  An administrative law judge
employed by the State Office of Administrative Hearings shall
conduct the contested case hearing.
       SECTION 8.  Section 421.072, Government Code, is amended by
amending Subsection (a) and adding Subsections (d), (e), and (f) to
read as follows:
       (a)  The State Office of Homeland Security, with the advice
of the Border Security Council, [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 this
section, Section 421.071, and Articles 2.13(d) and (e), Code of
Criminal Procedure;
             (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)  If the staff of the office of the attorney general
determines that a state or local agency receiving a grant or
allocation under this section has violated this section, Section
421.071, or Article 2.13(d) or (e), Code of Criminal Procedure, the
state or local agency shall promptly forfeit and repay to the
appropriate entity the grant or allocated funds.  The attorney
general may stay the duty to repay pending the outcome of an appeal
under Subsection (f).
       (f)  Not later than the 21st day after the date of receiving
notice of the determination, a state or local agency may appeal a
determination under Subsection (e) to the attorney general.  An
appeal under this subsection is a contested case under Chapter
2001.  An administrative law judge employed by the State Office of
Administrative Hearings shall conduct the contested case hearing.
       SECTION 9.  The heading to Subchapter E, Chapter 421,
Government Code, is amended to read as follows:
SUBCHAPTER E.  TEXAS FUSION [INFRASTRUCTURE PROTECTION
COMMUNICATIONS] CENTER
       SECTION 10.  Section 421.081, Government Code, is amended to
read as follows:
       Sec. 421.081.  FACILITIES AND ADMINISTRATIVE SUPPORT.  The
Department of Public Safety of the State of Texas at the request of
the governor shall provide facilities and administrative support
for the Texas Fusion [Infrastructure Protection Communications]
Center.
       SECTION 11.  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 CERTAIN 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:
             (1)  not fully enforce criminal laws relating to drugs,
including Chapters 481 and 483, Health and Safety Code, and federal
law;
             (2)  refuse to take an action that is authorized under 8
U.S.C. Section 1252c and permitted under state law; or
             (3)  violate 8 U.S.C. Section 1324.
       SECTION 12.  Chapter 370, Local Government Code, is amended
by adding Section 370.004 to read as follows:
       Sec. 370.004.  PERFORMANCE OF IMMIGRATION OFFICER
FUNCTIONS. Notwithstanding any other law, a political subdivision
of this state may enter into an agreement under Section 287(g),
Immigration and Nationality Act (8 U.S.C. Section 1357(g)), to
perform a function of an immigration officer.
       SECTION 13.  The heading to Chapter 370, Local Government
Code, is amended to read as follows:
CHAPTER 370.  MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
COUNTY] HEALTH AND PUBLIC SAFETY AFFECTING MORE THAN ONE TYPE OF
LOCAL GOVERNMENT
       SECTION 14.  Article 2.13, Code of Criminal Procedure, is
amended by adding Subsections (d) and (e) to read as follows:
       (d)  Neither a state governmental entity nor a municipality
may adopt a rule, policy, or ordinance, or follow or establish a
commonly accepted practice, that requires a peace officer to
violate a state or federal criminal law.  A peace officer shall
disregard a rule, policy, ordinance, or commonly accepted practice
that, if followed, would require the officer to violate a state or
federal criminal law.
       (e)  It is the duty of each peace officer to report to the law
enforcement agency that appoints or employs the peace officer the
commission of a federal crime or a conspiracy to commit a federal
crime if the officer has knowledge of the crime or conspiracy.  If a
peace officer reports the commission of a crime under this
subsection, it is the duty of the law enforcement agency to report
that information to the State Office of Homeland Security.
       SECTION 15.  The House Committee on Corrections may conduct
a study to determine whether it would add efficiency to the state's
criminal justice system, in terms of time and money, for this state
or for certain political subdivisions of this state, to seek one or
more agreements under Section 287(g), Immigration and Nationality
Act (8 U.S.C. Section 1357(g)).
       SECTION 16.  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.