Texas House Bill HB20

Texas 2023 - 88th Regular

• Filed: 3/10/23
• Out of House Committee: 5/5/23

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 bill is designed to amend existing law, granting particular authority to the newly created Border Protection Unit. It includes provisions for a criminal offense related to trespassing while entering Texas from neighboring jurisdictions and establishes civil penalties for violations. This legislative move reflects a shift in state policies regarding immigration enforcement, as it enables law enforcement to take more aggressive actions against unlawful entries and related offenses, thereby affecting how local and state resources are allocated and used in border communities. The legislative assumptions rest heavily on the claims of increased criminal activities, primarily from drug and human trafficking, which they believe necessitate stronger enforcement mechanisms.

Summary

House Bill 20, also known as the Border Protection Unit Act, aims to enhance safety and welfare measures specifically in Texas's border regions. The bill proposes establishing a Border Protection Unit under the Texas Department of Public Safety. This unit would focus on mitigating ongoing criminal activities, including drug trafficking and human trafficking, with an emphasis on dealing with the increasing fentanyl crisis. The act outlines a number of operational functions and legal frameworks necessary for the unit to conduct its business, including powers of law enforcement officers. It seeks to respond to what supporters characterize as an urgent public safety threat posed by transnational crime along the Texas-Mexico border.

Sentiment

The sentiment surrounding HB 20 is mixed and highly polarized. Supporters, predominantly from the Republican side, argue that this bill is crucial for ensuring the safety of Texans and curbing dangerous activities linked to drug cartels. They view the creation of the Border Protection Unit as a proactive measure to address severe opioid crises and human rights violations. On the contrary, opponents, including several civil rights groups and many Democratic legislators, view the bill as an overreach that could lead to increased human rights abuses and criminalization of vulnerable populations. They express concerns about the implications of empowering law enforcement agencies with increased authority without adequate oversight.

Contention

Notable points of contention related to HB 20 involve the broad discretionary powers granted to the Border Protection Unit. Critics fear that these powers resemble federal enforcement and could lead to misuse against individuals seeking asylum or migrants crossing the border. The bill's provisions regarding civil penalties for unlawful entry are particularly contentious, as they may penalize individuals based solely on their immigration status, raising ethical and legal concerns surrounding civil liberties and the treatment of immigrants. The debate continues to highlight the tension between enforcing state sovereignty and ensuring humanitarian protections.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

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

Government Code

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: New Section
  • Section: 006
  • Section: 007
  • Section: New Section

Health And Safety Code

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

Penal Code

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