By: Schaefer H.B. No. 20
A BILL TO BE ENTITLED
AN ACT
relating to measures to ensure the safety and welfare of the
southern border region of this state, including protection from
ongoing criminal activity and public health threats; creating a
criminal offense; creating a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.01. SHORT TITLE. This Act shall be known as the
Border Protection Unit Act.
SECTION 1.02. FINDINGS. (a) The legislature finds that:
(1) The security of Texans and the sovereignty of the
state has been threatened by the deadly activities of transnational
cartels operating throughout the State of Texas and the United
States;
(2) Many Texans have lost the peaceful use and
enjoyment of their properties due to criminal activities along the
border;
(3) Lethal quantities of opioids such as fentanyl are
being trafficked into Texas and resulting in the poisoning deaths
of thousands of people throughout the country;
(4) Texas is in such imminent danger as will not admit
of delay, and now declares authority under Article 1, § 10 of the
U.S. Constitution;
(5) The Legislature, acting with the Governor, has the
solemn duty to protect and defend the citizens of Texas, and
maintain the sovereignty of Texas borders.
SECTION 1.03. Article 2.12, Code of Criminal Procedure, is
amended by amending Subsection (4) to read as follows:
(4) rangers, officers, and members of the reserve
officer corps commissioned by the Public Safety Commission, [and]
the Director of the Department of Public Safety, and the unit chief
of the Border Protection Unit;
SECTION 1.04. Section 411.001, Government Code, is amended
to read as follows:
Sec. 411.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Public Safety Commission.
(2) "Department" means the Department of Public Safety
of the State of Texas.
(3) "Director" means the public safety director.
(4) "Internet" means the largest nonproprietary
nonprofit cooperative public computer network, popularly known as
the Internet.
(5) "Unit" means the Border Protection Unit.
(6) "Unit chief" means the person charged with
directing the unit.
ARTICLE 2. POWERS AND DUTIES
SECTION 2.01. Section 411.002, Government Code, is amended
by amending Subsection (a) to read as follows:
(a) The Department of Public Safety of the State of Texas is
an agency of the state to enforce the laws protecting the public
safety, [and] provide for the prevention and detection of crime,
and to defend and secure the Texas air, maritime, and land border.
The department is composed of the Texas Rangers, the Texas Highway
Patrol, the Border Protection Unit, the administrative division,
and other divisions that the commission considers necessary.
SECTION 2.02. Sections 411.004, Government Code, is amended
by amending Subdivision (1) to read as follows:
(1) formulate plans and policies for:
(A) enforcement of state criminal, traffic, and
safety laws;
(B) prevention of crime;
(C) detection and apprehension of persons who
violate laws; [and]
(D) education of citizens of this state in the
promotion of public safety and the observance of law; and
(E) defense and security of the Texas air,
maritime, and land border.
SECTION 2.03. Chapter 411, Government Code, is amended by
adding Sections 411.0055 and 411.0056 to read as follows:
Sec. 411.0055. BORDER PROTECTION UNIT CHIEF. (a) The
governor shall appoint a citizen of the United States as border
protection unit chief. The unit chief serves until removed by the
governor.
(b) The unit chief may appoint, with the advice and consent
of the commission, deputy unit chiefs and assistant unit chiefs who
shall perform the duties that the unit chief designates. Deputy
unit chiefs and assistant unit chiefs serve until removed by the
unit chief.
(c) The unit chief, deputy unit chiefs, and assistant unit
chiefs are entitled to annual salaries as provided by the
legislature.
Sec. 411.0056. POWERS AND DUTIES OF THE BORDER PROTECTION
UNIT CHIEF. (a) The unit chief shall:
(1) be directly responsible to the commission for all
conduct of the border unit;
(2) act as the executive director of the unit;
(3) act with the commission in an advisory capacity,
without vote;
(4) adopt rules, subject to commission approval,
considered necessary for the control of the unit;
(5) issue commissions as law enforcement officers,
under the commission's direction, and to such members of the border
unit;
(6) create as necessary, with the advice and consent
of the commission, operational and administrative divisions within
the unit, and appoint heads of the divisions;
(7) the unit chief may employ licensed state or local
law enforcement personnel to participate in unit operations and
functions.
(8) the unit chief may employ law-abiding citizens
without a felony conviction to participate in unit operations and
functions, but such persons may not have arresting authority unless
trained and specifically authorized by the governor.
(9) quarterly, annually, and biennially submit to the
commission detailed reports of the operation of the unit, including
statements of its expenditures; and
(10) prepare, swear to, submit to the governor, and
file in the department's records a quarterly statement containing
an itemized list of all money received and its source and all money
spent and the purposes for which it was spent.
(b) The unit chief or unit chief's designee shall provide to
members of the commission and to unit employees, as often as
necessary, information regarding the requirements for office or
employment under this chapter, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
(c) The powers and duties vested in the director under the
following Government Code Sections are also vested in the border
protection unit chief:
(1) Section 411.007;
(2) Section 411.0071;
(3) Section 411.0075;
(4) Section 411.0079;
(5) Section 411.009;
(6) Section 411.0095;
(7) Section 411.0097;
(8) Section 411.0097;
(9) Section 411.0098;
(10) Section 411.013;
(11) Section 411.0131;
(12) Section 411.0132;
(13) Section 411.0141;
(14) Section 411.015;
(15) Section 411.016;
(16) Section 411.0161;
(17) Section 411.0162;
(18) Section 411.0163;
(19) Section 411.0164;
(20) Section 411.017;
(21) Section 411.018;
(22) Section 411.0207;
(23) Section 411.0208;
(24) Section 411.0209;
(25) Section 411.02095;
(26) Section 411.041;
(27) Section 411.043;
(28) Section 411.044;
(29) Section 411.045;
(30) Section 411.048;
(31) Section 411.0603;
(32) Section 411.0604;
(33) Section 411.0865;
(34) Section 411.087;
(35) Section 411.0891;
(36) Section 411.146;
(37) Section 411.147;
(38) Section 411.1471;
(39) Section 411.151;
(40) Section 411.154;
(41) Section 411.242;
(42) Section 411.243;
(43) Section 411.251;
(44) Section 411.252;
(45) Section 411.253;
(46) Section 411.255;
(47) Section 411.263; and
(48) Section 411.506.
(d) The director may not exercise any operational or
administrative control of the border protection unit, or the unit
chief.
SECTION 2.04. Section 411.006, Government Code, is amended
by amending Subsection (a) to read as follows:
Sec. 411.006. DUTIES OF DIRECTOR. (a) The director shall:
(1) [be directly responsible to the commission for the
conduct of the department's affairs;]
[(2)] act as executive director for and be directly
responsible to the commission for all conduct of the Texas Highway
Patrol, the Texas Rangers, and other administrative divisions and
departments assigned by the commission [of the department];
[(3)] (2) act with the commission in an advisory
capacity, without vote;
[(4)] (3) adopt rules, subject to commission
approval, considered necessary for the control of the department;
[(5)] (4) issue commissions as law enforcement
officers, under the commission's direction, to all members of the
Texas Rangers and the Texas Highway Patrol and to other officers of
the department;
[(6)] (5) appoint, with the advice and consent of the
commission, the head of a division or bureau provided for by this
chapter;
[(7)] (6) quarterly, annually, and biennially submit
to the commission detailed reports of the operation of the
department, including statements of its expenditures; and
[(8)] (7) prepare, swear to, submit to the governor,
and file in the department's records a quarterly statement
containing an itemized list of all money received and its source and
all money spent and the purposes for which it was spent.
SECTION 2.05. Section 411.007, Government Code, is amended
by amending Subsection (a) to read as follows:
(a) Subject to the provisions of this chapter, the director
and the unit chief may appoint, promote, reduce, suspend, or
discharge any officer or employee of the department which has been
assigned under their authority by the commission.
SECTION 2.06. Section 411.017, Government Code, is amended
by amending Subsection (a) to read as follows:
(a) A person commits an offense if, without the director's
authorization, the person:
(1) manufactures, sells, or possesses a badge,
identification card, or other item bearing a department insignia or
an insignia deceptively similar to the department's;
(2) makes a copy or likeness of a badge,
identification card, or department insignia, with intent to use or
allow another to use the copy or likeness to produce an item bearing
the department insignia or an insignia deceptively similar to the
department's; or
(3) uses the term "Texas Department of Public Safety,"
"Department of Public Safety," "Texas Ranger," [or] "Texas Highway
Patrol," or "Border Protection Unit" in connection with an object,
with the intent to create the appearance that the object belongs to
or is being used by the department.
SECTION 2.07. Section 411.251, Government Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The commission shall establish the office of inspector
general for the department and the office of inspector general for
the unit.
(c) The Border Protection Unit inspector general shall be
appointed by the governor who shall perform the duties of this
subchapter or as may be provided by law and as the unit chief
designates. The inspector general shall serve until removed by the
governor. The Border Protection Unit inspector general is
responsible for:
(1) preparing and delivering assessments concerning
the administration of the unit to the governor, the legislature,
and the unit chief;
(2) perform responsibilities affecting the unit as set
forth in Subsection (c);
(3) acting to prevent and detect serious breaches of
departmental policy, fraud, and abuse of office, including any acts
of criminal conduct within the unit; and
(4) independently and objectively reviewing,
investigating, delegating, and overseeing the investigation of:
(A) conduct described in Subdivision (1);
(B) criminal activity occurring within the unit;
(C) allegations of wrongdoing by unit employees;
(D) crimes committed on unit property; and
(E) serious breaches of unit policy.
SECTION 2.08. Chapter 411, Government Code, is amended by
adding Subchapter S to read as follows:
SUBCHAPTER S. BORDER PROTECTION UNIT
Sec. 411.534. COMPOSITION. (a) The Border Protection Unit
("the unit") is a division under the commission consisting of the
number of officers authorized by the legislature and headquartered
in the border region. The highest ranking officer of the unit is
the border protection unit chief who shall be appointed by the
governor, and report directly to the governor. Officers are
entitled to compensation as provided by the legislature and will be
recruited and trained within the border region to the fullest
extent possible.
(b) the unit chief may employ law-abiding citizens without a
felony conviction to participate in unit operations and functions,
but such persons may not have arresting authority unless trained
and specifically authorized by the governor.
(c) The unit shall acquire equipment and facilities, and
conduct training necessary to fulfill the operational,
intelligence, communication, logistics, and administrative duties
set forth by the unit chief to include land, air, and maritime
responsibilities.
(d) The commission shall transfer existing personnel,
equipment, and facilities to the unit from within the Department of
Public Safety as necessary at the discretion of the commission
while maintaining accountability and adequate support for all
officers and activities within the commission's responsibility.
Sec. 411.535. AUTHORITY OF OFFICERS. (a) An officer of the
unit is governed by the law regulating and defining the powers and
duties of sheriffs performing similar duties, except that the
officer may make arrests and execute processes in a criminal case in
any county.
(b) Within the State of Texas, officers of the unit may, to
the extent consistent with the Constitution and federal law,
arrest, detain, and deter individuals crossing the border
illegally, including with the use of non-deadly force.
(c) Notwithstanding any other law, the unit chief, and all
officers and employees of the unit, as well as law-abiding citizens
employed, to participate in unit operations under Section
411.534(b), shall have immunity from criminal and civil liability
for any actions taken that are authorized by this subchapter.
Sec. 411.536. CONSTRUCTION AND MAINTENANCE OF PHYSICAL
BARRIERS. (a) The unit shall oversee the construction and
maintenance of walls, fences, and other physical barriers along the
border with Mexico in order to enhance the safety and security of
Texans.
(b) The unit chief, or his designee, is authorized to
negotiate and acquire the necessary right of way, leases,
permissions, materials, and services needed to erect, and maintain
physical barriers.
(c) The unit may use funds appropriated by the legislature,
other government funds, or donations from United States citizens
and domestic entities.
Sec. 411.537. ARTICLE I § 10 INVOCATION. (a) To the extent
consistent with the United States and Texas constitutions and
federal and state law, in the event that the legislature finds, or
the governor has declared, or declares, a state of invasion or
imminent danger under Article I § 10 of the U.S. Constitution, the
unit chief shall be authorized to order the unit to take the
following actions:
(1) deter and repel persons attempting to enter the
State of Texas illegally at locations outside a port of entry, to
the extent consistent with the United States and Texas
constitutions and federal immigration laws;
(2) within the State of Texas, return aliens to Mexico
who have been observed actually crossing the Mexican border
illegally, and were apprehended or detained in the immediate
vicinity of the border, to the extent consistent with the United
States and Texas constitutions and federal immigration laws;
(3) use force to repel, arrest, and detain known
transnational cartel operatives in the border region, to the extent
consistent with the United States and Texas constitutions and
federal immigration laws.
Sec. 411.538. QUALIFICATIONS. (a) To be commissioned as an
officer of the Border Protection Unit, a person must:
(1) be a U.S. citizen or legal permanent resident;
(2) be a graduate of a Texas police academy;
(3) have experience as a sworn law-enforcement officer
in another state or federal law-enforcement agency; or
(4) be appointed or employed per the criteria provided
in Section 411.534(b) of this Act.
(b) The border protection unit is an equal employment
opportunity employer, and it may not discriminate against or give
preferential treatment to any employee or job applicant on account
of the individual's race, color, sex, national origin, or religion.
Sec. 411.539. TERM OF AUTHORIZATION. The unit is
established upon passage of this act, subject to appropriations
from the legislature, and shall continue in operation until
December 31, 2030. The legislature shall reauthorize the unit
prior to its sunset date or the entity is considered to be
effectively abolished.
Sec. 411.540. RULEMAKING AUTHORITY. The unit chief of the
unit may promulgate such substantive or procedural rules as may be
required to carry out the general administration of the unit,
including, but not limited to: procurement of facilities, training
and equipment, and effectuation of personnel policies.
Sec. 411.541. OPERATIONAL PLAN TO COORDINATE BORDER
SECURITY. (a) The unit shall develop and recommend to the governor
and report to the legislature a strategic plan that establishes the
framework for the budgeting and operation of the unit, including
homeland security strategies, administered by assisting agencies.
The unit shall annually report to the governor and the legislature
on the implementation of the strategic plan.
(b) The unit shall include in the strategic plan goals,
objectives, and performance measures that involve collaboration
with other state agencies, and local entities.
(c) The unit shall create plans and conduct operations
consistent with the strategic plan.
(d) The operational plan under this section shall evaluate 8
U.S.C. § 1325(a) and other federal laws relating to the requirement
that border crossings occur only at designated ports of entry.
Sec. 411.542. SEVERABILITY. (a) Mindful of Leavitt v. Jane
L., 518 U.S. 137 (1996), in which in the context of determining the , 518 U.S. 137 (1996), in which in the context of determining the
severability of a state statute the Supreme Court of the United
States held that an explicit statement of legislative intent is
controlling, it is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this subchapter, and every application of the provisions in this
subchapter to every person, group of persons, or circumstances, are
severable from each other.
(b) If any application of any provision in this subchapter
to any person, group of persons, or circumstances is found by a
court to be invalid, preempted, or unconstitutional, for any reason
whatsoever, then the remaining applications of that provision to
all other persons and circumstances shall be severed and preserved,
and shall remain in effect. All constitutionally valid
applications of the provisions in this subchapter shall be severed
from any applications that a court finds to be invalid, preempted,
or unconstitutional, because it is the legislature's intent and
priority that every single valid application of every statutory
provision be allowed to stand alone.
(c) The legislature further declares that it would have
enacted this subchapter, and each provision, section, subsection,
sentence, clause, phrase, or word, and all constitutional
applications of the provisions of this subchapter, irrespective of
the fact that any provision, section, subsection, sentence, clause,
phrase, or word, or applications of this subchapter were to be
declared invalid, preempted, or unconstitutional.
(d) If any provision of this subchapter is found by any
court to be unconstitutionally vague, then the applications of that
provision that do not present constitutional vagueness problems
shall be severed and remain in force, consistent with the
severability requirements of Subsections (a), (b), and (c).
(e) No court may decline to enforce the severability
requirements of Subsections (a), (b), (c), and (d) on the ground
that severance would "rewrite" the statute or involve the court in
legislative or lawmaking activity. A court that declines to
enforce or enjoins a state official from enforcing a statutory
provision is never rewriting a statute or engaging in legislative
or lawmaking activity, as the statute continues to contain the same
words as before the court's decision. A judicial injunction or
declaration of unconstitutionality:
(1) is nothing more than an edict prohibiting
enforcement of the disputed statute against the named parties to
that lawsuit, which may subsequently be vacated by a later court if
that court has a different understanding of the requirements of the
Texas Constitution or the United States Constitution or federal
law;
(2) is not a formal amendment of the language in a
statute; and
(3) no more rewrites a statute than a decision by the
executive not to enforce a duly enacted statute in a limited and
defined set of circumstances.
(f) If any state or federal court disregards any of the
severability requirements in Subsections (a), (b), (c), (d), or
(e), and declares or finds any provision of this subchapter
facially invalid, preempted, or unconstitutional, when there are
discrete applications of that provision that can be enforced
against a person, group of persons, or circumstances without
violating federal law or the federal or state constitutions, then
that provision shall be interpreted, as a matter of state law, as if
the legislature had enacted a provision limited to the persons,
group of persons, or circumstances for which the provision's
application will not violate federal law or the federal or state
constitutions, and every court shall adopt this saving construction
of that provision until the court ruling that pronounced the
provision facially invalid, preempted, or unconstitutional is
vacated or overruled.
ARTICLE 3. TRESPASS
SECTION 3.01. Chapter 30, Penal Code, is amended by adding
Section 30.08 to read as follows:
Sec. 30.08. TRESPASS WHILE ENTERING THE STATE OF TEXAS. (a)
A person commits an offense if the person knowingly enters the
property of another without effective consent when knowingly
entering the state of Texas from a neighboring jurisdiction.
(b) An offense under this section is a third degree felony.
(c) A person who violates this section is subject to a civil
penalty of not less than $10,000 for each violation. The attorney
general may file an action to recover a civil penalty assessed under
this section and may recover attorney's fees and costs incurred in
bringing the action.
(d) The fact that conduct is subject to a civil or criminal
penalty under this section does not abolish or impair any remedy for
the conduct that is available in a civil suit.
SECTION 3.02. Section 17.44, Code of Criminal Procedure, is
amended to read as follows:
(a) A magistrate may require as a condition of release on
bond that the defendant submit to:
(1) home confinement and electronic monitoring under
the supervision of an agency designated by the magistrate; or
(2) testing on a weekly basis for the presence of a
controlled substance in the defendant's body.
(b) In this article, "controlled substance" has the meaning
assigned by Section 481.002, Health and Safety Code.
(c) A magistrate shall require as a condition of release on
bond for someone arrested for the offense of Penal Code 30.08
Trespass While Entering the State of Texas that the defendant
submit to electronic monitoring unless the magistrate makes a
finding that the defendant is not a flight risk.
[(c)] (d) The magistrate may revoke the bond and order the
defendant arrested if the defendant:
(1) violates a condition of home confinement and
electronic monitoring;
(2) refuses to submit to a test for controlled
substances or submits to a test for controlled substances and the
test indicates the presence of a controlled substance in the
defendant's body; or
(3) fails to pay the reimbursement fee for monitoring
or testing for controlled substances, if payment is ordered under
Subsection (e) as a condition of bond and the magistrate determines
that the defendant is not indigent and is financially able to make
the payments as ordered.
[(d)] (e) The community justice assistance division of the
Texas Department of Criminal Justice may provide grants to counties
to implement electronic monitoring programs authorized by this
article.
[(e)] (f) The cost of electronic monitoring or testing for
controlled substances under this article may be assessed as a
reimbursement fee or ordered paid directly by the defendant as a
condition of bond.
ARTICLE 4. PUBLIC HEALTH EMERGENCY
SECTION 4.01. Subtitle D, Title 2, Health and Safety Code,
is amended by adding Chapter 81B to read as follows:
CHAPTER 81B. SUSPENSION OF ENTRY OF PERSONS FROM DESIGNATED PLACES
TO PREVENT SPREAD OF COMMUNICABLE DISEASES
Sec. 81B.001. DEFINITIONS. In this chapter:
(1) "COVID-19" means the 2019 novel coronavirus
disease.
(2) "Federally declared public health emergency"
means:
(A) a public health emergency declared by the
United States Secretary of Health and Human Services under 42
U.S.C. Section 247d; or
(B) an emergency or disaster declared, including
under a renewal of the declaration, by the president of the United
States in relation to a public health emergency described by
Paragraph (A) under:
(i) the National Emergencies Act (50 U.S.C.
Section 1601 et seq.); or
(ii) the Robert T. Stafford Disaster Relief
and Emergency Assistant Act (42 U.S.C. Section 5121 et seq.).
(3) "Port of entry" means a port of entry in the United
States, as defined by part 101 of the customs regulations (19 CFR
part 101).
(4) "Person" means any individual other than:
(A) one described in the first sentence of
section 1 of the Fourteenth Amendment to the United States
Constitution; or
(B) one described in 8 U.S.C. § 1101(a)(20).
Sec. 81B.002. SUSPENSION OF ENTRY. (a) To the extent
consistent with the Constitution and federal immigration laws,
during any of the following, all persons entering Texas by land from
another country must pass through a legal port of entry for
appropriate medical review:
(1) the pendency of any federally declared public
health emergency for COVID-19,
(2) at any time which the federal government has in
place any vaccination requirements for any person lawfully residing
in the United States, including but not limited to government
contractors or healthcare workers, for the purposes of preventing
the spread of COVID-19 in the United States, or
(3) at any time which the U.S. Department of State has
travel warnings for COVID-19 for any country from which citizens
have illegally entered the United States during the most recent
year for which there is available data.
(b) Any person who enters the State of Texas from a foreign
country other than in accordance with Subsection (a), shall, to the
extent consistent with the Constitution and federal immigration
laws, be removed to the country from which they entered the United
States, or their country of origin, or another location as
practicable, as rapidly as possible, with as little time spent in
congregate settings as practicable under the circumstances.
Sec. 81B.003. SEVERABILITY. (a) Mindful of Leavitt v. Jane
L., 518 U.S. 137 (1996), in which in the context of determining the , 518 U.S. 137 (1996), in which in the context of determining the
severability of a state statute the Supreme Court of the United
States held that an explicit statement of legislative intent is
controlling, it is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this chapter, and every application of the provisions in this
chapter to every person, group of persons, or circumstances, are
severable from each other.
(b) If any application of any provision in this chapter to
any person, group of persons, or circumstances is found by a court
to be invalid, preempted, or unconstitutional, for any reason
whatsoever, then the remaining applications of that provision to
all other persons and circumstances shall be severed and preserved,
and shall remain in effect. All constitutionally valid
applications of the provisions in this chapter shall be severed
from any applications that a court finds to be invalid, preempted,
or unconstitutional, because it is the legislature's intent and
priority that every single valid application of every statutory
provision be allowed to stand alone.
(c) The legislature further declares that it would have
enacted this chapter, and each provision, section, subsection,
sentence, clause, phrase, or word, and all constitutional
applications of the provisions of this chapter, irrespective of the
fact that any provision, section, subsection, sentence, clause,
phrase, or word, or applications of this chapter were to be declared
invalid, preempted, or unconstitutional.
(d) If any provision of this chapter is found by any court to
be unconstitutionally vague, then the applications of that
provision that do not present constitutional vagueness problems
shall be severed and remain in force, consistent with the
severability requirements of Subsections (a), (b), and (c).
(e) No court may decline to enforce the severability
requirements of Subsections (a), (b), (c), and (d) on the ground
that severance would "rewrite" the statute or involve the court in
legislative or lawmaking activity. A court that declines to
enforce or enjoins a state official from enforcing a statutory
provision is never rewriting a statute or engaging in legislative
or lawmaking activity, as the statute continues to contain the same
words as before the court's decision. A judicial injunction or
declaration of unconstitutionality:
(1) is nothing more than an edict prohibiting
enforcement of the disputed statute against the named parties to
that lawsuit, which may subsequently be vacated by a later court if
that court has a different understanding of the requirements of the
Texas Constitution or the United States Constitution or federal
law;
(2) is not a formal amendment of the language in a
statute; and
(3) no more rewrites a statute than a decision by the
executive not to enforce a duly enacted statute in a limited and
defined set of circumstances.
(f) If any state or federal court disregards any of the
severability requirements in Subsections (a), (b), (c), (d), or
(e), and declares or finds any provision of this chapter facially
invalid, preempted, or unconstitutional, when there are discrete
applications of that provision that can be enforced against a
person, group of persons, or circumstances without violating
federal law or the federal or state constitutions, then that
provision shall be interpreted, as a matter of state law, as if the
legislature had enacted a provision limited to the persons, group
of persons, or circumstances for which the provision's application
will not violate federal law or the federal or state constitutions,
and every court shall adopt this saving construction of that
provision until the court ruling that pronounced the provision
facially invalid, preempted, or unconstitutional is vacated or
overruled.
ARTICLE 5. LEGISLATIVE OVERSIGHT
SECTION 5.01. Subtitle C, Title 3, Government Code, is
amended by adding Chapter 331 to read as follows:
CHAPTER 331. LEGISLATIVE BORDER SAFETY OVERSIGHT COMMITTEE
Sec. 331.001. DEFINITION. In this section, "committee"
means the legislative border safety oversight committee
established under this chapter.
Sec. 331.002. ESTABLISHMENT; COMPOSITION. (a) The
legislative border safety oversight committee is established to:
(1) provide objective research, analysis, and
recommendations to help guide state border safety policies;
(2) provide oversight for the border protection unit
established under Chapter C-1, Chapter 411; and
(3) perform other duties required by law.
(b) The committee consists of the following members:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) four members of the senate appointed by the
lieutenant governor; and
(4) four members of the house appointed by the
speaker.
(c) The lieutenant governor and the speaker of the house of
representatives are joint chairs of the committee.
(d) A majority of the members of the committee from each
house of the legislature constitutes a quorum to transact business.
If a quorum is present, the committee may act on any matter within
the committee's jurisdiction by a majority vote.
(e) The committee shall meet as often as necessary to
perform the committee's duties. Meetings may be held at any time at
the request of either chair or on written petition of a majority of
the committee members from each house of the legislature.
(f) The committee shall meet in Austin, except that if a
majority of the committee members from each house of the
legislature agree, the committee may meet in any location
determined by the committee.
(g) As an exception to Chapter 551, Government Code, and
other law, for a meeting in Austin at which both joint chairs of the
committee are physically present, any number of the other committee
members may attend the meeting by use of telephone conference call,
video conference call, or other similar telecommunication device.
This subsection applies for purposes of establishing a quorum or
voting or any other purpose allowing the members to fully
participate in any committee meeting. This subsection applies
without regard to the subject or topics considered by the members at
the meeting.
(h) A committee meeting held by use of telephone conference
call, video conference call, or other similar telecommunication
device:
(1) is subject to the notice requirements applicable
to other meetings;
(2) must specify in the notice of the meeting the
location in Austin at which the joint chairs will be physically
present;
(3) must be open to the public and audible to the
public at the location specified in the notice under Subdivision
(2); and
(4) must provide two-way audio communication between
all committee members attending the meeting during the entire
meeting, and if the two-way audio communication link with any
member attending the meeting is disrupted at any time, the meeting
may not continue until the two-way audio communication link is
reestablished.
Sec. 331.003. POWERS AND DUTIES. (a) The committee shall:
(1) use statistical analyses and other research
methods to conduct an in-depth examination of border safety
initiatives and programs in this state that includes:
(A) an assessment of the cost-effectiveness of
the use of state and local funds in ensuring border safety;
(B) an identification of critical border safety
problems; and
(C) a determination of the state's long-range
border safety needs;
(2) recommend to the legislature:
(A) strategies to solve the problems identified
under Subdivision (1)(B); and
(B) policy priorities to address the long-range
needs determined under Subdivision (1)(C); and
(3) advise and assist the legislature in developing
plans, programs, and proposed legislation to improve the
effectiveness of border safety initiatives and programs.
(b) The committee has all other powers and duties provided
to a special committee by:
(1) Subchapter B, Chapter 301;
(2) the rules of the senate and the house of
representatives; and
(3) policies of the senate and house committees on
administration.
Sec. 331.004. STAFF; AUTHORITY TO CONTRACT. The committee
may hire staff or may contract with universities or other suitable
entities to assist the committee in carrying out the committee's
duties. Funding to support the operation of the committee shall be
provided from funds appropriated to the Texas Legislative Council.
Sec. 328.005. REPORT. Not later than January 1 of each
odd-numbered year, the committee shall submit to the legislature a
report that contains the recommendations described by Section
331.003(a)(2).
ARTICLE 6. SEVERABILITY; EFFECTIVE DATE
SECTION 6.01. If any provision of this Act or its
application to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of this
Act that can be given effect without the invalid provision or
application, and to this end the provisions of this Act are declared
to be severable.
SECTION 6.02. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2023.