88S40272 CJC-D
	By: Raymond	H.B. No. 104

	A BILL TO BE ENTITLED
	AN ACT
	relating to the recovery by this state from the federal government
	of certain border security expenditures.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter B, Chapter 403, Government Code, is
	amended by adding Section 403.0123 to read as follows:
	Sec. 403.0123.  RECOVERY OF CERTAIN BORDER SECURITY
	EXPENDITURES. (a) The comptroller shall, not later than the 30th
	day after the beginning of each state fiscal biennium:
	(1)  determine the amount of money spent by this state
	on border security during the preceding state fiscal biennium;
	(2)  prepare an invoice requesting payment of the
	amount determined under Subdivision (1); and
	(3)  submit the invoice prepared under Subdivision (2)
	to the appropriate agency of the federal government for payment.
	(b)  The comptroller may request the assistance of the
	Legislative Budget Board in making the determination required under
	Subsection (a)(1), and the Legislative Budget Board shall provide
	the requested assistance.
	(c)  An invoice submitted under Subsection (a)(3) must
	include the date the invoice is due, which must be at least six, but
	not more than eight, months after the date the invoice is submitted.
	(d)  If an invoice submitted under Subsection (a)(3) is paid
	on or before the date the invoice is due, the comptroller shall
	deposit the payment in the state treasury to the credit of the
	general revenue fund.
	(e)  If an invoice submitted under Subsection (a)(3) is not
	timely paid, the comptroller shall certify the amount due as stated
	on the invoice to the attorney general, who shall bring an action
	against the appropriate agency of the federal government to recover
	the amount due as certified by the comptroller.
	(f)  The comptroller shall deposit any money received as a
	result of an action brought under Subsection (e) in the state
	treasury to the credit of the general revenue fund.
	(g)  Notwithstanding any provision of Subsection (a) to the
	contrary, for the state fiscal biennium ending August 31, 2023:
	(1)  the comptroller shall take the actions described
	by Subsection (a) not later than March 1, 2024; and
	(2)  for purposes of Subsection (a)(1), the comptroller
	shall determine the amount of money spent by this state on border
	security to be the lesser of:
	(A)  the amount of money spent by this state for
	that purpose during the period beginning September 1, 2001, and
	ending August 31, 2023; or
	(B)  $20 billion.
	(h)  Subsection (g) and this subsection expire August 31,
	2025.
	SECTION 2.  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 on the 91st day after the last day of the
	legislative session.

Statutes affected:
Introduced: ()