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The Senate Finance Committee met August 30th to discuss HB 9 (Bonnen | et al.), SB 89 (Nelson), and  SB 91 (Bettencourt) concerning approprations and compressed property tax rates. Part one of the hearing can be found here and part two can be found here.

 

This report is intended to give you an overview and highlight of the discussions on the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

SB 89 (Nelson) Relating to making supplemental appropriations relating to border security and giving direction regarding those appropriations.

  • Nelson – Lays out bill
  • Bill provides critical resources for the events occurring at the Southern Texas border
  • Bill attempts to act against the surplus of immigration into TX as well as the humanitarian issues happening as a result
  • Bill lays out $1.8 billion in general revenue:
    • $301 million for additional guardsman
    • $150 million for department of public safety
    • $250 million TX department of criminal justice
    • $23.7 million for additional security staffing
    • $1 billion in border security grants to meet local needs, construct additional border and processing sites
  • Going to hear public testimony today, but ultimately wait for HB 9, the companion bill, to come to Senate to vote on bill
  • Would prefer federal money for border security, but concerned that lack of federal attention border issues puts Texans at risk
  • Lucio – Are there still funds at the federal level to provide border security support? Would prefer to use state money for state issues; giving up on holding the federal government accountable? Other border states that are impacted by influx of immigrants going to help out?
    • TX has dedicated billions of dollars to protect Southern border; not sure about federal government involvement
    • Governor’s office will testify regarding recent communication with the federal government
  • Lucio – Most of votes that have taken place regarding extra funds for border security have been unanimous; discussions regarding border wall funding should be federal or international jurisdiction
  • Hancock – Federal focus on wrong area; only 1/5 of the border crossings occur near El Paso; real crisis is southern border near Rio Grande Valley; reason TX is so engaged in this issue is because the southern border is immigration hotspot
  • Huffman – Have worked for several sessions to work on border security; all of the construction plans so far are voluntary on the part of the landowners
  • Lucio – Important note, because during initial discussion of the wall, it was not voluntary; just want to know when federal government will help out
  • Campbell – Issue is about spending state dollars to protect Texans; concern about keeping drugs out of Texas; want to stop gangs, cartels, and human trafficking; bill is an initiative to support Texas
  • Whitmire – Lots of stakeholders want the bill; crime in urban cities being directed by cartel on the other side of the border; need state resources in urban areas to combat crime
  • Whitmire – Supports bill but more concerned about crime in urban areas which spills into rural areas as well; wants 10% of budget amount to put into cities to combat crime; need to get rid of gangs; felons not being processed in courthouses are in the streets directing crime
  • Nelson – Agrees with Whitmire; doesn’t want to utilize money out of this specific bill, but agrees that crime all over Texas is an issue, not just centralized at the border
  • Whitmire – TX has anti juvenile gang centers, need to give them more resources; need to give police more resources; courthouses backed up; all needs to be a part of the conversation
  • Lucio – Border discussion impacts all of Texas, need to do something to stop the spread of drugs
  • Buckingham – Criminals wouldn’t be getting into Houston if they couldn’t cross the border; wants complete operational control of the border
  • Whitmire – Talking about homegrown criminals that are being funded and controlled by cartels; isn’t concerned with undocumented immigrants
  • Lucio – Combination of both homegrown criminals and immigrants that contribute to crime in Texas; need to work with law enforcement agencies to make sure how to be most effective

 

Joe-Frank Martinez, Val Verde County Sheriff – Resource

  • Operation Lone Star has made community safe; but increased DPS law enforcement presence has hurt jail in terms of surplus of arrests but nowhere to house criminals
  • Lost 24 people since Jan. 18 due to drowning, working overtime to recover bodies from river
  • Border control overwhelmed from processing so many people at the processing centers; the one in Del Rio holds 117 people, seeing over 600 people at one time some days
  • Border control arrests over 500% increase in last fiscal year; processing over 1100 people a day
  • Border control arrests include people from 83 countries; processed over 737 human smuggling cases
  • Cartels making $25 million a week in Del Rio
  • An increase of 1466% in sexual violence crime
  • Stats are all for Del Rio sector which includes several counties along border, only 3 of which actually touch border
  • Border wall along Del Rio originally put up by Bush administration; Trump admin was going to replace it, Biden admin stopped construction; left compromised structure
  • 192,000 arrested in last month for crossing in Del Rio sector, 54,000 known immigrants who have gotten through border
  • Kolkhorst – In the Del Rio holding center, built for 117, had 600+ last time you went?
    • Yes, have had to erect temporary shelters to help process through border control station
  • Kolkhorst – Senators denied access to holding centers during visit in March; concerned about overcrowding in holding centers; last year there were 20,000 arrests, already up to 192,000
  • Kolkhorst – How do cartels make money off of this? Mentioned 83 countries that have crossed in the Del Rio sector?
    • Human smuggling, drug smuggling
    • Del Rio 2nd highest immigration crossing (1st highest is Rio Grande area) so they see immigrants from all over
  • Kolkhorst – Interesting that Haiti was one of the highest countries of origin for immigrants crossing border
    • Border security not just about Mexico, immigrants coming from across Central and South America as well as Caribbean
  • Kolkhorst – Will Remain in Mexico policy help?
    • Yes, need more information
  • Bettencourt – You said there was a point at which there were no federal agents at border? Federal agents not on frontline of border?
    • Yes, frequent occurrence; can speak for 2/3 counties that touch border
    • Federal agents overwhelmed working at processing centers; DPS and local sheriff offices working on border
  • Bettencourt – Low estimate on amount cartels are making; at least $1.3 billion a year just in this sector, cartels are a well-oiled machine at expense of lives of immigrants and taxpayers of U.S.
  • Lucio – Are there any investigations going on right now regarding U.S. law enforcement personnel working with cartels? Are there efforts to find out?
    • None
    • No corruption going on in Val Verde County
  • Lucio – Going Southbound, how much cash, technology, drugs, arms, and ammunition have been confiscated?
    • Del Rio not known as corridor for narcotics
    • Some amount of funds being apprehended at border; some at point of entry
    • In process of border weaknesses being exposed in county due to media attention; narcotic smuggling in county will increase
  • Lucio – Are you equipped to face large entry of drugs through your sector?
    • In Val Verde country, have 3-4 deputies patrolling 3200 square miles; do not have the resources to handle potential narcotic uptick
  • West – What was 400,000 in reference to?
    • 440,000 apprehensions in Rio Grande Valley sector
  • West – Talked about unfinished wall; would construction of it be useful?
    • Yes; first construction of wall protects 2 miles of Del Rio community; routes migrants along the wall so officials have more time to respond to make apprehensions
    • Current wall dangerous due to its unfinished structure
  • West – In terms of cartels, is there a lot of cartel activity and what do you do to combat it?
    • Analyst that keeps sheriff updated as to what is happening in sister city in Mexico; a lot of cartel activity in near sister cities, not as much in Del Rio’s
  • West – Lack of manpower to control area; any coordination between DPS and federal agents?
    • Constant communication with federal partners and DPS
  • West – In terms of coordination, federal agents not on frontlines; result of lack of collaboration and coordination? Other agencies on the frontline?
    • When they get overwhelmed in processing center, pull in local agents to take over; made aware no one is on frontline and sheriff deploys people
    • DPS on the frontline as well; some Florida personnel
  • West – How to push forward the importance of the border security issue?
    • Not one of the people crossing are staying in border towns; they are going to cities across the state and country
  • West – Supreme Court Decision about Remain in Place in Mexico policy; how much have you heard about this?
    • Trying their best to go back to what previous administration’s policy was
  • Whitmire – How do you measure amount of money cartels are making?
    • Federal partners using intel to generate number
  • Whitmire – Del Rio is not the drug trafficking corridor yet Eagle Pass is; what determines that?
    • Population in each city determines this; Eagle Pass is a target-rich environment
    • Del Rio doesn’t have the highway infrastructure leaving border to smuggle drugs efficiently
    • DPS working hard in Eagle Pass to stop it
  • Whitmire – TX Legislature has continuously funneled money to border security, where has this money gone? Why add more if problem at its worst? How to get different results?
    • The additional funding helps to keep Texas safe
  • Whitmire – Looking for a solution, maybe better to solve it at the root in certain countries but for time being, who to partner with to stop the cartels?
    • In Val Verde country, retired analyst from DPS who has contacts in sister city
    • Cartels in control
  • Whitmire – Is additional wall really going to stop cartels?
    • Original wall did its job, redirected immigrants so officials could cut them off
  • Whitmire – Why are you going to do wall when its only 2 mi and there’s so much more land to cover?
    • Don’t need wall in certain rugged areas; could use other forms of technology to stop it
  • Whitmire – How would you stop cartels?
    • Need Mexican government to cooperate to eliminate cartels; that’s not going to happen
  • Whitmire – So going to spend billions to not even solve the problem? What difference is additional funding going to make at border?
    • Resources being put in place and funds that have been spent have led to narcotics seizures
  • Whitmire – Texas cities still overrun by narcotics; need plans for a different model; said that drugs, victims, or immigrants aren’t staying at border and are going across the state and country; would you say most of urban crime originates at border? Where does the money go?
    • What takes place in Houston and Dallas has ties back to border
    • Money goes back to cartel
  • Whitmire – Heard from DPS that there were more cars going south to deliver cash than drugs going north? Potentially a bigger issue
    • Not aware of that
  • Campbell – 4 other sectors that haven’t been discussed; every barrier put up helps mitigate some of the crossings and problems; not one specific thing will be silver bullet; everything done provides additional mitigation
  • Nichols – Border where you are is in disrepair; adding fences will help?
    • In the area that has been compromised, not sure what it would take to be patched up; to northwest of that there are property owners putting up fences
  • Nichols – What impact will property owners voluntarily putting up fences have?
    • Going to help
    • Homeowners on banks of Rio Grande would be on wrong side of the fence, 8 ft structure with barbed wire at owner’s request
  • Nichols – Holding centers holding a couple hundred people each; for people not being funneled through the centers, where are they being processed? Where are they being taken; dropped in random cities across US?
    • Takes about 2 hours to process individuals; move people to where space is available
    • Not sure
  • Perry – U.S. used to send in covert actions to take out drug lords and cartel leaders; it was treated as a war; until U.S. is on offensive, going to continue spending billions to deal with symptoms; is this a fair statement?
    • Yes
  • Perry – Do you know people who know where cartel leaders are?
    • Have sources in Mexico; never know who the head is; so many people in between
  • Perry – 190,000 people have come through sector; are these people being vetted so we know who the bad guys are? How do we know who has a criminal background?
    • Everyone who gets processed with a criminal history gets sent back
    • Not sure how they get access to criminal background, up to Federal government
  • Perry – So majority of people coming in are running from a problem?
    • Yes, majority are family units with young kids looking for safety and security
  • Perry – If we know who cartel leaders are, and we can find out where they are, maybe a better paycheck written to get rid of leaders and not just keep treating the symptoms?
  • Huffman – If structures placed in correct location, can they be useful? Is proposed bill going to be helpful?
    • Yes
    • A complete barrier through county will not be necessary; have oldest archeological sites in country along border and don’t want to put these in jeopardy
  • Huffman – Other provisions in bill that gives more personnel and other assistance, will this all be useful? Help combat surge?
    • Yes, all of the resources will be helpful; Operation Lone Star has not been helpful
    • Can’t combat surge without all of this help
  • Huffman – Urban crime an issue; this bill will not solve every problem, but the bill is necessary
  • Nelson – Need to consider next steps to take in addressing Texas as a border state with issues along border as well as in cities
  • West – Looking at $1.8 billion; will this be a continuous obligation going forth? Something future legislations will have to consider?
    • Nelson – Can’t commit to that, hopeful that federal government will step up

 

Benny Martinez, Brooks County Border Sheriff – Resource

  • Public health and humanitarian issue at border; have recovered 81 dead bodies so far due to exposure to elements as they make their way through desert
  • Brooks county one of the busiest corridors for immigration; county is 70 miles north of border
  • Agents focused on processing, lack of personnel guarding borders
  • Issue of people driving around checkpoints, cutting locks on gates/fences to smuggle people and narcotics
  • 795 bodies recovered in desert since 2009; Brooks County leads state on dead bodies found
  • Wall is a tool; want to focus on longevity of solutions
  • In terms of drug-running, little time to focus on cars bringing money to border and drugs north; wish there was time and resources to put checkpoint on southbound cars
  • 20% of bodies test positive for COVID; people travel in groups, so COVID being spread across state as people travel to different cities
  • There are things to do to minimize damage; have the intelligence to break down the cartels; have to move forward on intelligence
  • Cartel members visited Sheriff’s home and threatened his children; issue very personal to him
  • Difficult to talk about this subject because it’s a sensitive issue; need to channel frustration in a logical way to take down cartels
  • Nelson – An issue that TX and the U.S. needs to address; there’s not one solution; there are dangers associated with people crossing illegally; a humanitarian crisis
  • Kolkhorst – Can you clarify statement about COVID? Is there any other testing for those apprehended?
    • 20% out of the 81 who have died and been found were positive for COVID
    • Federal government says they are testing; county requested medical assets on the ground to save some lives
    • No hospital in area, want ability to help migrants, test them for COVID, and ultimately be able to interview them to understand process of their plan; all usable intel
  • Kolkhorst – How do we solve the border security problem?
    • Process those who come in; make sure they have clean bill of health; get intel from them to understand how to stop further crossings
  • Lucio – Wants to talk to Director of DPS to talk about who is selling ammunition and technology to cartels, who the drug lords are in the U.S. who are buying drugs; appreciates concept of apprehending those smuggling cash southbound
    • These are sensitive cases that can be developed to much larger scale, can’t really be discussed

 

Eusevio Salinas, Zavala County Sheriff – Resource

  • Major corridor into Mexico through highway 57
  • Lots of drug and human smuggling; overwhelmed with human smuggling
  • Has to turn down felons in jail because of overcrowding; felons being given citations and let go
  • Since beginning of year, 93 cases of human smuggling, and that’s just of U.S. citizens who are from Houston, Dallas, and Austin
  • 13,020 square miles to cover with 14 deputies
  • Receive calls of groups of 30 people crossing into private property; takes 30-40 minutes to get there; DPS allowing them to not be overrun; increase of arrests but no room to lock them up
  • All of the sheriffs along the border have different issues; issue there is that people are evading processing centers and cutting through private property and running from law enforcement
  • All of the chasing of migrants overwhelms law enforcement
  • Addition of guns on part of human smugglers complicates everything
  • Wall wouldn’t do anything for county because it doesn’t sit on border
  • Nelson – How would you respond to the claims that barriers have a minimum impact?
    • Barriers are a tool to assist efforts
  • Lucio – How long have you had the jail that the county has now?
    • Since started as sheriff
    • County is poor so limited resources to build new facility and hire staff
  • Lucio – That’s how state could help?
    • Yes, there is also a private facility that could be utilized; former private prison
  • Lucio – How many more deputies would you need to help?
    • Texas Border Sheriff’s Coalition allowed for distribution of money from governor to allocate money where it’s necessary; any new hires were dependent upon coalition
    • Need at least 3 more local deputies who know the land
  • Nelson – Mentioned that the drivers are local; young teenagers?
    • Had a trend for about a month where human smugglers were using juveniles from Ft. Worth as drivers; when arrested, couldn’t house juveniles in jail because overwhelmed; had to bring juveniles back to their home cities; takes more time to deal with them
    • Smugglers advertising on social media, flashing money to get teenagers to drive for them

 

Danny Dominguez, Presidio County Sheriff – Resource

  • Immense increase in the amount of border crossings; have never seen anything like it
  • 4th largest county in state of TX, 108 miles of border
  • Have to engage in many failure-to-yield situations; lack of deputies to assist
  • DPS has been very helpful
  • Lack of manpower, difficult to handle multiple calls at once
  • Equipment failing, poor county that can’t afford new equipment
  • Technology would be huge asset, especially in Big Bend area
  • Wall wouldn’t be sufficient; most mountainous county in TX that has many natural barriers
  • People who cross would have to travel so far to get to big cities; county deals with different issues than other sheriffs, lots of country to cover and very little staff to do it with
  • Kolkhorst – What is the most effective tool for your county?
    • Technology: night-vision goggles for example, communication technology
  • Kolkhorst – How long have you been sheriff? You said you’ve never seen anything like this crossing increase; what is the volume that you see now?
    • 25 years
    • Every day/night, have border patrol chasing groups; not huge volumes, but chases are time and resource consuming
  • Bettencourt – When you’re looking at your county, could clearly use technology because of terrain; anything else besides technology you might need?
    • Operating supplies in addition to technology
  • Nelson – Have $100 million in this bill for grants to meet each county’s need; could be used for technology purposes
  • Whitmire – How will money be distributed?
    • Nelson – Governor’s office can answer that

 

Sarah Hicks, Director of Policy and Budget for Governor’s Office – Resource

  • Regarding local grants, $100 million for local county grants; office would enumerate eligible kinds of expenses, solicit them for requests, and assemble group of people outside Governor’s office on the border task force to review requests and prioritize what will bring greatest benefit
  • Have a compliance office to direct flow of money and make sure it’s all something that will be beneficial
  • Whitmire – Why $100 million? One-time expenditures? What about counties that are not on the border?
    • Received early requests from sheriffs that amounted to $150 million; after looking at it and weeding out stuff that will be covered by other funding, $100 million is proportionate to requests
    • Yes, year-long grants
    • One of the policies of Operation Lone Star is that each county has to declare issue that they want help from state on
    • Counties self-opt-into Operation Lone Star who are then included in potential grant money; not every request will be weighted and funded the same
  • Highlights Gov’s Office view on safety issues with current border policy, drug smuggling and human trafficking
  • Apprehensions are higher than before, some crossing have significant criminal records
  • Private property owners have reported vandalism, trespassing, etc.
  • Provides history of Operation Lone Star, 5k criminal arrests and 63k referrals as part of Operation Lone Star
  • 111 border landowners have agreed to temporary fencing on their property, provides notice that anyone climbing or cutting fence is subject to criminal trespass
  • Criminal penalty is enhanced by 1 degree under disaster declaration, DPS is actively patrolling for this and other violations of state law
  • Largest portion of the request related to the long-term permanent barrier, DPS has a request for overtime and 50 additional troopers, increasing TMD manpower up to 2.5k, also a request to support courts and ensure due process req is met
  • Also request for intake & processing centers, as well as TDCJ beds
  • Local government support at $100 million
  • Nelson – Wanting to go back to tech utilization, Sheriffs have noted the importance of drones, any opportunities for this in money appropriated for cybersecurity?
    • Chief McCraw may be able to answer this better
  • Kolkhorst – Some of the cost basis was built upon local sheriffs, counties have to participate in the local declaration to receive funds? Counties like Zapata, Jim Hogg, have not participated?
    • Correct, would’ve loved for them to participate, not too late to join in
  • Kolkhorst – Do we know where we’ll physically build a wall?
    • DPS is in the process of identifying vulnerable places, incl. 733 miles where something may be needed, not necessarily full barrier
    • Facilities Commission is close to hiring a program manager
    • Current plan is to erect temporary fencing for private land, provides physical notice that coming onto the land is trespassing
  • Kolkhorst – When TX is going to arrest someone for trespassing, your plan is to have more centers; once they are here, do they remain? What is the process? Purpose is to send strong message?
    • Message is part of the program, also serves to detain and identify
  • Lucio – 3 of th3 4 counties not declaring emergencies are in my district, was there any discussion with these counties and Gov’s Office?
    • Not sure, haven’t been part of the conversations
  • Lucio – Where would the declaration come from?
    • In the original border declaration, all border counties and those contiguous to those were included; only counties that opted to participate were left in renewals
    • County judge can declare the emergency, Commissioners Court has to vote to continue after 7 days
  • Lucio – Asks after Throckmorton in the Panhandle?
    • Other counties not along the border have expressed interest
  • Lucio – If a county doesn’t declare an emergency, are they still subject to wall construction in their counties?
    • Final decisions on permanent barrier locations have not been decided, DPS is looking at risk areas
    • Will also depend on individual landowners, will not use eminent domain
  • Lucio – But state does have flexibility to finish or construct along any area across Cameron, Hidalgo, and Starr?
    • Yes, especially on state land
  • Campbell – Also wondered about Throckmorton, El Paso is not listed?
    • El Paso likely in the same position as Starr, Hidalgo, and Cameron
  • Whitmire – Thus far, the detainees on trespassing charge have been only men?
    • Only men in the Briscoe Unit, not sure of apprehensions
  • Whitmire – Those charged are entitled to counsel and bond, some have been released for time served; then released to ICE and go through that process
    • Have a detainer at that point
  • Whitmire – Difficult for me to support this because we are confining people for a state charge and don’t see a deterrent when they’re released for time served
  • Whitmire – Many confines are thankful they were apprehended, receiving first food, clothing, medical attention, and protection since they left home
    • On time served, need to wait and see; on many of these assumption was made that county would be bearing cost so decisions are being made with this in mind
    • Large part of the bill is that if state is standing in gap left by federal gov, state should pay cost from arrest until turning over to ICE
  • Whitmire – Will the 4 counties along the border create a corridor? How do they affect others?
    • Would be a great success if we could get other counties locked down and then we can camp in those other counties
  • Huffman – Trespass is already an offense under state law, fence give notices to those crossing into private land; using what we have and creating an atmosphere where these charges can be prosecuted, also creating places where they can be held
  • Huffman – Looking more for those traveling solo, etc., those most likely transporting contraband
    • Yes
  • Huffman – Inventive way to address this issue
  • Kolkhorst – Know you’re working with all the tools available, need to see where this leads us; this is a federal gov responsibility
  • Whitmire – I do understand the enhancement under the declaration, related to natural disaster looting and trespass issues; shouldn’t assume criminals will serve time as they haven’t so far
  • Whitmire – When families come over, male is being detained, taken to court, and then released for back time; not fair to think it is a deterrent at this time, statistics do not support this
  • Perry – Federal gov is supposed to protect us from foreign and domestic enemies; writing checks for things TX taxpayers shouldn’t be responsible for
  • Nichols – Many different tools in this package, some will likely work better than others; fencing and barrier will slow people down

 

Tom Krampitz, Texas Border Prosecution Unit – Resource

  • Highlights handout that covers criminal trespass and penalty enhancement under disaster declaration, org map of Border Prosecution Unit
  • Provides overview of Border Prosecution Unit, provides legal support to DPS
  • Nelson – Federal gov needs to do their job, because they aren’t we need to do something; will this be a deterrent
    • Krampitz, BPU – Criminal trespass cases are brought to us with landowner complaint, meet the statutory definition & not simply prosecuting because they’re traveling across the border
  • Nelson – Have heard stories, will be able to prosecute trespass with this in place
    • Some of those prosecuted are witnesses in ongoing cases

 

Chief Nim Kidd, Texas Division of Emergency Management – Resource

  • Working on intake facility in Val Verde, procuring raw materials for fencing building
  • Campbell – Why is Throckmorton an outlier and El Paso not on the disaster?
    • City and counties have authorities; Judge Carrington in Throckmorton declared a disaster due to concerns on trafficking, drug smuggling, etc.
  • Campbell – Are they getting assistance?
    • Get the same assistance as others
    • El Paso did not request assistance
  • Perry – Checked on Throckmorton, have 2 big farm-to-market roads and seeing drug smuggling pass through, also had a van of trafficked individuals; everywhere in the state
  • Whitmire – Population of Throckmorton?
    • Likely under 5k
  • Nelson – Throckmorton seems like a pathway for drug trafficking if you’re avoiding urban areas

 

Steve McCraw, Department of Public safety – Resource

  • Unsecured border is significant public safety and national security threat; impacting areas across the state
  • Seeing a mass migration event, tied to issues in multiple nations across the Texas border
  • Surpassed previous high immigration in first 7 months of 2021
  • Highlights record numbers, trying to close gaps along border, includes violent criminals
  • DPS concerned about trafficking, drug smuggling; wanted a framework to detain offenders
  • Federal government can secure the border with infrastructure, tech, personnel, and policy; have chosen not to
  • Nelson – Talking about sex trafficking, how many are young men?
    • Not sure; law enforcement focuses on women
  • Nelson – Young men being trafficked isn’t talked about, something that needs to be discussed
    • Traditionally hasn’t been looked at, but it should be
  • Nelson – Talk about the use of technology to aid in border security
    • Need greater forms of communication
    • Need motion sensor cameras to be able to differentiate between animals and humans crossing
    • UAVs successful in avoiding detection when looking for illegal entries
    • Aircraft assets are invaluable
  • Lucio – Of the total budget that is being looked at, what amount of funds are going to impact DPS directly?
    • Will fund sustained overtime to conduct surge operations
    • Will fund 50 troopers conducting operations in higher corridor areas
    • Need more tactical resources between ports of entry
    • Grateful for bullet proof glass
  • Lucio – Officers are still being shot; what can be done to continue to make it even safer for law enforcement officers?
    • Narrative that police are the enemy is part of the problem
    • Wearing the best available bullet proof vests, having community support around law enforcement
  • Lucio – Could agencies apply for grants even if county didn’t establish itself for emergency grant?
    • Not sure
  • Lucio – Interest in seeing what can be done to stop southbound travel back to cartels; not sure what is being done in U.S. to stop sale of arms/drugs; what are we doing to curtail this?
    • Place special agents and experts on bridge to stop money laundering and smuggling
    • Cartels have strong counterintelligence and stop the smuggling when DPS is on it
    • Technology a way to address gaps in DPS abilities
    • Other way to address it is focus on efforts to stop the money laundering
  • Lucio – A lot of the intelligence is very sensitive and can’t be shared with us today; hope that there is careful planning ahead of time as to how to address these issues
  • Campbell – How much wall/fencing do we need to build based on topography and how much is already present? Counting temporary vs. permanent for what we need?
    • 733 miles; national guard has done great job with project
    • 1,254 miles is whole border; some of this is federal land
  • Campbell – Have we started construction on wall?
    • Temporary structures; national guard works to make sure there are no weak structures
    • A permanent border wall requires the passing of a certain project
  • Campbell – Of the TX national guard, how many have been deployed at the border?
    • Refer to General Norris
  • Campbell – Have other states provided troops to help at border?
    • Have been sent game wardens, troopers, special agents from Florida, Iowa, Nebraska; volunteers, not being paid by TX
  • Bettencourt – How big of an enemy/operational unit are the cartels?
    • Never been an organized crime unit in the world to compare to the brutality, the power influence, and the execution of military/terrorist tactics on people/government
    • Rise of cartels occurred because the border is not secure
    • Bilateral task forces failed miserably to take down cartels; all failed because of systemic corruption
    • Can’t just take down the leader to ruin the cartel
    • Things that have worked other places aren’t going to work with the cartels
  • Bettencourt – Important to understand who the opponent is; without closing wall, can’t shut down the criminal enterprise; only one operational solution?
    • Could argue that Mexico is a victim of U.S. inability to secure border
  • Whitmire – Mentioned that Houston is hub for MS-13, El Salvadorian gang? How would you eradicate it if that was our purpose?
    • Violent group that recruits at an early age
    • Need to stop feeding of resources and recruits by cutting off border
    • Going after them is same as any organized crime operation; need to go after all of the organization, not just parts of it
  • Whitmire – Doesn’t seem like apprehensions and confiscations of drugs are impacting cost of drugs on street, means supply is much higher than we’re away of; what does this tell you?
    • Missing a substantial amount of people and drugs
    • Cartels using factories to manufacture high amounts of drugs
    • Using cooperation between different countries’/regions’ cartels/mafias to create drug supply
  • Whitmire – Talking about the real dangers of crime that are in major cities, doesn’t seem as serious on borders
    • Problem of stash-house robberies in border towns
    • Concerned about major city armed robberies
  • Hancock – This legislation seems like we’re treating the symptoms of a major mass migration across the globe which is then a monetary opportunity for cartels; not a border issue, an international issue; is anyone looking at it in this macro-issue?
    • Yes, contributing to border officers being overwhelmed
    • Way to stop macro-issue is to secure the border
  • Hancock – You keep talking about officers being overwhelmed; Can you share the # of border patrol officers?
    • Several 1,000 in TX
  • Hancock – Is there any way to stop mass migration?
    • If there are consequences for entering or policies at the federal level, can discourage migration
  • West – Your budget was $800 million in 2021; if this passes, it would be $3 billion; have never been involved in a session in which DPS budget was reduced; do you anticipate this problem to be taken care of in 2022-2023 fiscal year? Or do we need to maintain funds to appropriate?
    • At this point, thought we would be reducing funds
    • Problem not going to be resolved
  • West – In regard to federal government, have you been personally working with them? What is the status of federal government help to secure border?
    • Have been working with counterparts in regard to border; in terms of policy, outside of lane of influence
    • Will see how supreme court decision impacts it; if numbers are reduced, then can use resources to eliminate criminal activity
  • West – By arresting someone for trespassing, will this actually help in war we’re fighting?
    • Hard to say; DPS arresting them and forcing them to serve time delays their interaction with border patrol
  • West – Serving time is a cost to state; then give them over to ICE?
    • Yes, ICE can then deport or do whatever is within their policy at the time
  • West – What kind of crime is trespassing? Can this stop ICE from letting them in the country?
    • Misdemeanor
    • ICE more focused on crimes of moral turpitude, not trespassing
  • West – Is the border wall an effective tool for the state of TX?
    • Combined with the other tools, yes effective
    • Technology, personnel, doctrine other important tools
    • Depends on the area, the more urban interfaces are where wall is helpful
  • Nichols – Approximately 700 miles of border need wall; what is timeline?
    • Until RFI goes out, will be difficult to create timeline for permanent border wall construction
  • Nichols – Have heard about variety of materials for border wall, what is being used?
    • Using different materials to create temporary fences/walls; 9ft fence with Constantine wire
  • Nichols – Every time you say the 1 million that have been apprehended, you focus on apprehended; what about total numbers of people crossing?
    • We don’t know what we don’t know; still only catch 1 in 2 migrants that are detected
  • Creighton – Irrefutable that this is an international problem but also a Texas problem; all-time high of illegal immigration; what is cause of impounded increase?
    • Policy can be a pull; went away with policies that make it seem like those who enter country will be released and allowed to stay
  • Creighton – If we still had that policy in place, would those individuals remain in country of origin where crossing occurred?
    • Yes
  • Creighton – You’ve mentioned some of the most violent gangs, isn’t it true that record breaking illegal crossings would compound that issue? Would like to hear about increase in funding to assist law enforcement in urban cities; What is your opinion on how we deter criminal activity in our cities other than border security?
    • Target groups that is leading crime
  • Creighton – Don’t want to wait on anyone, want to tackle challenge now head-on; crossings of those with a criminal record saw an 80% increase
    • Gives examples of migrants who have been convicted of sexual assault in U.S., have been deported, and then made their way back illegally
  • Creighton – Talking about physical structure of a wall; what is DPS doing on border?
    • Combination of factors to stop all criminal activity that stems from border
  • Creighton – Does DPS have jurisdiction to stop cartel activity?
    • Yes, can work with special operation group to provide an opportunity to interdict cartel activity
  • Creighton – What are examples of what would be purchased with $150 million?
    • New boats
    • 50 troopers for tactical abilities; allow for more permanent tactical capability
  • Creighton – Adequate classes to carry out proposed plans?
    • Yes, 150-person class largest they’ve ever had; have been funded for 5 classes and recruitment is good
  • Creighton – Probability of robust federal help unlikely; don’t want to turn a blind eye to border issues, need commitment to secure border and follow through and not just provide rhetoric; gratitude towards Sheriffs
  • Nelson – Praises collaboration between sheriffs, DPS, and border control; obligation to support them and their efforts
  • Perry – Is the processing effort to weed out the criminals a part of an international database?
    • No, can’t say we catch every criminal, but processing is important to fingerprint them, get a record on them and potentially solve previously committed crimes
  • Perry – Does the technology exist to identify a criminal based on international data?
    • Don’t have all the biometric data from other countries that don’t have technology to compile information
  • Perry – Are South American biometrics more advanced?
    • Processing centers not linked up to international database; can use terrorist watchlist
  • Perry – Do you suspect that there is an ongoing federal initiative about how to get rid of cartel issue?
    • Not sure; getting rid of cartel leader won’t end it
  • Perry – Cartel crime becoming the norm; want initiative to take them out

 

Major General Tracy Norris, Texas Military Department – Resource

  • Over 1,000 national guard soldiers sent to Southwest TX border to assist DPS
  • Soldiers performing a variety of duties, including processing, fence construction, and arrests
  • Requesting an additional 1,500 soldiers to serve Southwest border
  • So far national guard has assisted in over 130,000 detections and turn-backs
  • Need $301 million to pay for 1,500 soldiers
  • Percent of national guard currently serving on border is .43%, would be 1.08% if 1,500 added
  • Arkansas and South Dakota national guard helping out
  • Constructing 10ft chain link fence with barbed wire and razor wire along border in some areas
  • Nichols – What is the timeline for construction of fence
    • Targeting high traffic areas, focused on Del Rio right now, 200-500ft a day depending on brush density
  • Nichols – The reference to 733 miles, what does this mean?
    • Border from Del Rio down south to the RGV
    • Don’t have timeline estimate right now
  • Bettencourt – Can do 200-500ft a day with one engineer team?
    • Yes, would be faster with more troops; depends on the terrain; have to work with property owner on what they want on their land
  • Bettencourt – What have other states committed?
    • Arkansas committed 30 soldiers, all vehicle mechanics; 60-day commitments
    • South Dakota 68 soldiers, brought own vehicles and weapons; 90-day commitments
  • Campbell – How will addition of 1,500 soldiers work? Sufficient number for what we need?
    • Want 2500 working with DPS, good place for both agencies
    • Yes, enough troops on the ground and enough to provide support to DPS
  • West – Using hubs to do work? Who is doing labor? How much does it cost per mile?
    • Not contracting everything, everything being done via a multi-agency effort; procuring materials from TX DCJ, DPS gives locations
    • National guard doing work
    • Not sure; can get cost amount to committee
  • Kolkhorst – With this many troops, how are they housed and fed? The fencing is per request of landowners?
    • Able to stay hotels in small towns nearby; in more remote areas, can have some sort of operational base; have contingency plan in cases of remote areas
    • Yes
  • Kolkhorst – How long is a national guard soldier deployed at border? In 2019 how was national guard deployed at the border?
    • In state-active-duty, looking for volunteers who want to be at border; 500 ready to volunteer; plan is to rotate units at 4 months at a time
    • Federal dollars that are under the governor’s control; DHS had a request for assistance from DOD
  • Kolkhorst – Deployment of this many national guard soldiers is a huge task for a state effort
  • Campbell – For housing in remote areas, hope that they can find respectable places
    • As part of national guard, the logistics team will send people to look at hotels where soldiers will be housed
  • Perry – Chain link fence is what the landowners want? Not the expectation of the permanent border wall?
    • Yes, recommended the chain link fence because you can see through it and add no-trespassing signs so there’s no doubt in migrants’ minds to not cross barrier
    • Fence is not what would be used for permanent border wall
  • Perry – Are there conversations with the landowners to build more permanent fences/walls?
    • Agreement for fence only for a certain amount of time, then landowner in charge of fence
    • It’s to the standard of a permanent fence

 

Public Testimony

Tanya Ahlschwede, 452nd District Attorney – For

  • Proceeds over 5 counties in TX: Edwards, Kimble, Menard, Mason, McCulloch
  • Work together with DPS and sheriffs to house criminals
  • In border prosecution unit, reach out to county attorneys to provide support staff, investigation, and prosecution assistance
  • Reaching out and assisting other district attorneys; need a lot of resources to do all of this; funding will be helpful
  • A bad predicament to decide who has to be let out of jail in order to house another criminal
  • Kolkhorst – Do you think this bill will address the overwhelmed court system? Can judges move these criminals through the court system? Is this bill the correct approach for TX to take?
    • Yes, have asked for additional staff of all kinds to address needs
    • Yes, scheduled for in-person courts due to rural countries; Zoom dockets to process more criminals
    • Yes, everyone doing their job to get it all done
  • Lucio – Do you have enough personnel to address these issues?
    • Team is working hard to deal with original caseload and the surplus of cases from the border

 

Eva DeLuna-Castro, Budget Analyst at Every Texan – Against

  • Against the amount of revenue that bill would give to counties; need better funding for CPS, welfare, etc.
  • A lot of money going to border security when it is uncertain what it will accomplish
  • Environmental issues associated with a border wall
  • Funding schools and healthcare important things that should receive funding

SB 89 left pending

 

SB 91 (Bettencourt) Relating to a temporary reduction in the maximum compressed tax rate of a school district and the form of the ballot proposition to be used in an election to approve a tax rate adopted by a school district that exceeds the district’s voter-approval tax rate; making an appropriation.

  • Bettencourt – Presents committee substitute
  • Designed to provide at least $2 billion in property tax relief, up to $4 billion
  • Median home prices have increased; median price homeowner would save $188 in school tax bill, will eventually approach $200 in savings
  • Would revisit this in June 2022 to potentially provide even more tax relief
  • Formula being used to see what happens when state has extra GR
  • SB 1336 was passed and goes into effect in fiscal year 2023; made major change that tax relief will be calculated in a different way; with this change, gives flexibility
  • West – This is for 2022-23 property tax year?
    • Yes
  • Lucio – Like fact that it is a temporary reduction; have you talked to other economic experts that might indicate how TX will do during this period? What’s the forecast? Will there be an emergency need in which we need these funds? What about education?
    • Patch for one year; consolidated spending cap goes into next year; relying on already good forecast from comptroller’s office; if there’s additional revenue, can allocate to tax relief
    • Made major allocations with other bills, been able to maintain it this session
    • Not trying to bind future, but provide structure for extra revenue to be allocated
    • Have responsibility to give money back to taxpayers
  • Nichols – Protected from school districts raising bond issues?
    • Voters would have to agree for bonds like that
    • Individual taxing jurisdictions will try; in the past have tried to raise bonds by saying taxes won’t go up without voters understanding that their tax rate was decreased
    • Would establish a transparency portal; every county has to report school districts, so voters can know they’re being fooled
  • Hancock – Needs to be language to make sure that school districts can’t get around it by using misrepresentative language
  • West – Calls Leo Lopez to answer questions

 

Leo Lopez, Associate Commissioner of School Finance for TEA – Resource

  • West – Can school districts dance around language regarding increase in bonds?
    • INS rate supposed to float accordingly in order to pay existing debt service for their bonds
  • Bettencourt – What about HB 1525?
    • Gave TEA more authority to make school districts perform corrective action plans to avoid this issue
  • West – Is there ballot language that makes sure taxpayers know what tax rate is in existing law?
    • Yes, there is language in bill related to ballot language
    • Taylor – There is already legislative language on ballot language to give voters an understanding of what their tax rate is
  • Schwertner – Any knowledge of how many school districts after 2006 tax rate collection went after bond collections? It was a large number, many taxpayers didn’t feel tax relief
    • Can go back and look at tax rates at that time
  • Kolkhorst – Directing questions back to Bettencourt, in 2006, other entities grasped the 50 cents that was compressed; do we have correct tools in place to make sure same phenomenon doesn’t take place?
    • SB 2 has already made changes to help
    • Several bills that expand portals that will provide taxpayers with transparency
    • Would require voters to utilize the extra pennies
    • Lopez – School districts have to allow a vote if they request use of more than 5 pennies
  • Bettencourt – School districts have already tried to play these games, we know this now
  • Kolkhorst – Goal of this is to give taxpayers back their money
  • Bettencourt – When pandemic hit and exemptions were made, about 3 dozen cities rose their tax rates; but far more places raised questions and were able to prevent tax raise and save taxpayers money; important that public is aware of tax rates so they know something like that would be wrong

 

Public Testimony

Rod Bordelon, Texas Public Policy Foundation – For

  • Bill is a reasonable and responsible way to decrease taxes for Texans in a way that uses surplus funds and doesn’t cut away from schools
  • 76% of TX taxpayers indicated that property taxes were a major burden for their families

 

Carl Walker, Texas Taxpayers and Research Association – For

  • Highly effective use of additional funds to provide tax relief
  • Formula being used is easiest and fairest way to do rate reductions
  • In favor of additional tax relief depending on TX economy

 

Christie Roam, TX School Coalition – Against

  • Against the temporary nature of this bill, concerned that taxpayers will take out anger on school districts when tax rates eventually go back up
  • Investing dollars in schools via the state allows tax cuts like the one proposed to not impact schools, so in that way it’s a good bill

 

Amanda Brownson, TX Association of School Business Officials – Against

  • MNO tax rate reduction of 13% after a few years
  • What can you afford to sustain in long term
  • If going to make changes in ballot language, don’t want them to take immediate effect as schools have already begun process of funding for next school year

 

Chandra Villanueva, Every Texan – Against

  • Bill puts tax rates above the children, hurt ability to make future investments in education
  • Extra $2 billion should be put in classroom
  • Whitmire – Stress that urban center crime needs attention; need to use resources to eradicate urban gang activity
  • Nelson – Today’s testimony shed light on how what happens on TX border impacts every county and city; need to do something about this
  • Lucio – Doesn’t favor spending state money on the wall, would prefer federal money, but have to secure border for Texans; the entire state is a corridor for crime

CSSB 91 voted out (15-0)

 

HB 9 (Bonnen | et al.) Relating to making supplemental appropriations relating to border security and giving direction regarding those appropriations.

  • Nelson – Lays out HB 9
  • Same version as SB 89 save a few changes made on House floor
  • HB 9 adds
    • Quarterly report requirements to the LBB
    • Appropriates $905,000 to comptroller’s judiciary department for visiting judges
    • Directs funding to the border prosecution unit for training for misdemeanor and felony cases for eligible attorneys
    • Removes authority for 27 FTEs from governor’s office
    • Clarifies that funding is for ambulant services not for purchase of them
    • Reserves $28 million local grants for counties adjacent to border
    • Restricts funding at the governor’s office to be used to acquire property or build a barrier through imminent domain
  • Move that HB 9 be reported to full senate

HB 9 voted out (15-0)