Texas House Bill HB87

Texas 2023 - 88th 3rd C.S.

• Filed: 10/6/23

Caption

Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity, and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.

Impact

The proposed legislation introduces a stricter legal framework regarding border enforcement, particularly concerning trespassing while entering the state from neighboring jurisdictions. Under the new provisions, individuals who unlawfully enter Texas without consent can be prosecuted as felons, which can lead to heightened law enforcement activity in border areas. Furthermore, the bill places the Border Protection Unit under the umbrella of the Texas Department of Public Safety, centralizing efforts to secure the border and enforce criminal statutes related to border activity, thereby impacting both local governance capabilities and law enforcement practices across the state.

Summary

House Bill 87 (HB87) focuses on enhancing the safety and welfare of the Texas border region by addressing ongoing criminal activity and public health threats. A significant feature of the bill is the establishment of the Border Protection Unit, which is empowered to enforce laws that support the state's efforts to handle challenges related to immigration and health emergencies. The bill grants this unit various authorities, including the ability to charge civil penalties against individuals who violate border entry regulations. Additionally, it establishes a framework for managing public health emergencies, particularly those relating to COVID-19 transmission laws.

Sentiment

Sentiment towards HB87 is mixed. Supporters argue that the legislation is necessary for ensuring safety in border regions, particularly in light of rising concerns related to illegal immigration and public health. They believe the establishment of the Border Protection Unit would streamline efforts to combat crime and manage health crises effectively. Conversely, opponents express concerns that the bill may lead to overreach in law enforcement, infringe upon the rights of individuals, and potentially escalate tensions in border communities, particularly for those who may be undocumented but are seeking safety or economic opportunity.

Contention

Notable points of contention surrounding HB87 include the potential for civil liberties infringement and the adequacy of checks and balances on the powers granted to the Border Protection Unit. Critics fear that the broad definitions used within the bill might enable discriminatory practices against certain groups, and the emphasis on enforcement might overshadow the need for comprehensive immigration reform. The ongoing debate incorporates discussions on the balance of state versus federal authority in managing health and immigration issues, highlighting the complex socio-political dynamics unique to Texas's border regions.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 2. General Duties Of Officers
  • Section: 12

Government Code

• Chapter 752. Immigration
  • Section: New Section

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: New Section

Penal Code

• Chapter 30. Burglary And Criminal Trespass
  • Section: New Section

Health And Safety Code

• Chapter 81. Communicable Diseases; Public Health Disasters; Public Health Emergencies
  • Section: New Section