SENATE BILL 257

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Anthony L. Thornton and Pat Boone and James G. Townsend

and Candy Spence Ezzell and Nicholas A. Paul

 

 

 

 

AN ACT

RELATING TO BORDER SECURITY; CREATING THE OFFICE OF BORDER SECURITY; PROVIDING POWERS AND DUTIES; ALLOWING FOR THE EXERCISE OF EMINENT DOMAIN; CREATING THE BORDER SECURITY FUND; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Border Security Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Border Security Act:

          A. "border fence" means a physical barrier and related infrastructure closing the open border between New Mexico and the country of Mexico;

          B. "director" means the director of the office of border security;

          C. "fund" means the border security fund;

          D. "office" means the office of border security; and

          E. "security" means border security operations.

     SECTION 3. [NEW MATERIAL] OFFICE OF BORDER SECURITY CREATED--DIRECTOR--STAFF--POWERS AND DUTIES.--

          A. The "office of border security" is created as an adjunct agency pursuant to the Executive Reorganization Act.          B. The governor shall appoint a director with the advice and consent of the senate.

          C. Subject to appropriations, the director may appoint a deputy director.

          D. Subject to appropriations, the director may employ professional and clerical staff as provided in the Personnel Act.

          E. The office may:

                (1) exercise the power of eminent domain as provided by law for the condemnation of private property for public use with just compensation; and

                (2) enter into joint powers agreements with the federal government.

          F. The office shall coordinate collaborative efforts between the federal government and local governments for the construction, security and maintenance of a border fence.

     SECTION 4. [NEW MATERIAL] BORDER SECURITY FUND CREATED.--

          A. The "border security fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations to the fund. Money in the fund is subject to appropriation by the legislature to carry out the provisions of the Border Security Act.

          B. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the director or the director's authorized representative.

     SECTION 5. APPROPRIATIONS.--

          A. Four million dollars ($4,000,000) is appropriated from the general fund to the office of border security for expenditure in fiscal years 2026 through 2029 to coordinate collaborative efforts between the federal government and local governments for the construction of a fence at the border of New Mexico and the country of Mexico. Any unexpended or unencumbered balance remaining at the end of fiscal year 2029 shall revert to the general fund.

          B. Two million dollars ($2,000,000) is appropriated from the general fund to the office of border security for expenditure in fiscal years 2026 through 2029 for operational expenses, including establishing the office of border security, personnel, office space, furniture, equipment and supplies. Any unexpended or unencumbered balance remaining at the end of fiscal year 2029 shall revert to the general fund.

     SECTION 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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