Texas House Bill HB75

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

HB75 is poised to impact state laws significantly, particularly in the areas of border enforcement and public health. The bill expands the definition of peace officers to include members of this new Border Protection Unit, granting them certain law enforcement powers related to border security. By establishing civil penalties for trespassing and creating a new criminal offense for entering the state without consent, the bill may reshape law enforcement strategies and public safety measures along the Texas-Mexico border. Additionally, it lays the groundwork for potential construction and maintenance of physical barriers and other security measures.

Summary

House Bill 75 focuses on enhancing the safety and welfare of the Texas border region, emphasizing protection from ongoing criminal activity and public health threats. A significant aspect of this proposal is the establishment of the Border Protection Unit, which would be tasked with law enforcement and operational duties related to border security, including managing illegal crossings. The bill also introduces new criminal offenses and civil penalties associated with trespassing while entering the state from neighboring jurisdictions. Its overarching goal is to address various challenges faced by border communities while ensuring their safety and welfare.

Sentiment

The sentiment surrounding HB75 appears to be divisive among legislators and community advocates. Supporters argue that this bill addresses critical issues related to public safety, crime prevention, and health threats specific to the border region. However, opponents express concerns about the implications of expanding law enforcement authority and the potential for civil liberties infringements, particularly regarding how the provisions might disproportionately affect marginalized communities. The discussions surrounding this legislation highlight the complexities involved in balancing border security with individual rights.

Contention

Notable points of contention include the bill's establishment of the Border Protection Unit and its broad enforcement powers, raising questions about oversight and accountability. Critics voice apprehension about the potential for misuse of authority and the implications of imposing strict liabilities and penalties. The bill's provisions for civil restitution for criminal offenses faced by individuals entering the state from neighboring jurisdictions have sparked debates regarding the appropriate level of security versus the rights of individuals, particularly among those who may be crossing without legal status.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

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

Government Code

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

• Chapter 752. Immigration
  • 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