Texas 2023 - 88th Regular

Texas House Bill HB1600 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R26159 JRR-F
2	2	By: Hefner, Spiller, Orr, Metcalf, H.B. No. 1600
3	3	Morales of Maverick, et al.
4	4	Substitute the following for H.B. No. 1600:
5	5	By: Spiller C.S.H.B. No. 1600
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of a criminal offense for illegal entry
11	11	into this state from Mexico by a person who is not a citizen or legal
12	12	permanent resident of the United States.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The legislature finds that:
15	15	(1) Mexican drug cartels are designated as foreign
16	16	terrorist organizations in Executive Order No. GA-42 because they
17	17	have trafficked hundreds of millions of lethal doses of fentanyl
18	18	into this state since 2021;
19	19	(2) to fund this deadly violence, Mexican drug cartels
20	20	have recently smuggled aliens across the Texas-Mexico border at a
21	21	record-setting pace;
22	22	(3) this unprecedented surge of illegal immigration
23	23	has been a declared disaster for Texans since May 31, 2021;
24	24	(4) although an alien commits a federal offense under
25	25	8 U.S.C. Section 1325(a)(1) and its implementing regulations by
26	26	entering the United States at any time or place other than a
27	27	federally designated port of entry, the federal government has
28	28	ignored repeated demands for aggressive prosecution of these
29	29	illegal-entry offenses by the United States Department of Homeland
30	30	Security and the United States Department of Justice;
31	31	(5) the federal government's refusal to faithfully
32	32	execute 8 U.S.C. Section 1325(a)(1) and other immigration laws
33	33	enacted by Congress has broken the federal government's promise to
34	34	"protect each [state] against invasion" under Section 4, Article
35	35	IV, United States Constitution;
36	36	(6) this federal dereliction of duty has compelled
37	37	this state to protect its own border against invasion by Mexican
38	38	drug cartels using the sovereign powers reserved to the states;
39	39	(7) as "Commander-in-Chief of the military forces of
40	40	the State," the governor has the power to "call forth the militia to
41	41	execute the laws of the State" to "repel invasions" under Section 7,
42	42	Article IV, Texas Constitution; and
43	43	(8) the governor has the authority to protect Texans
44	44	from cartel violence and defend the state's territorial integrity
45	45	by enforcing a state-law version of the illegal-entry offense that
46	46	the federal government has refused to use under 8 U.S.C. Section
47	47	1325(a)(1).
48	48	SECTION 2. Chapter 38, Penal Code, is amended by adding
49	49	Section 38.20 to read as follows:
50	50	Sec. 38.20. ILLEGAL ENTRY FROM MEXICO. (a) In this
51	51	section, "port of entry" has the meaning assigned by 19 C.F.R.
52	52	Section 101.1, as that provision existed on January 1, 2023.
53	53	(b) A person who is not a citizen or legal permanent
54	54	resident of the United States commits an offense if the person
55	55	enters or attempts to enter this state by crossing its border with
56	56	Mexico at any location other than a port of entry.
57	57	(c) An offense under this section is a felony of the third
58	58	degree, except that the offense is a felony of the second degree if
59	59	it is shown on the trial of the offense that the actor has
60	60	previously been convicted of an offense under this section.
61	61	SECTION 3. This Act takes effect September 1, 2023.