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  80R9403 JRD-F
 
  By: Swinford H.B. No. 13
 
 
 
   
 
 
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.