Texas 2023 - 88th Regular

Texas House Bill HB20 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R26674 JCG-F
2	2	By: Schaefer, et al. H.B. No. 20
3	3	Substitute the following for H.B. No. 20:
4	4	By: Slawson C.S.H.B. No. 20
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to measures to ensure the safety and welfare of the border
10	10	region of this state, including protection from ongoing criminal
11	11	activity and public health threats and the establishment of the
12	12	Border Protection Unit; creating a criminal offense; creating a
13	13	civil penalty.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	ARTICLE 1. GENERAL PROVISIONS
16	16	SECTION 1.01. This Act may be cited as the Border Protection
17	17	Unit Act.
18	18	SECTION 1.02. The legislature finds that:
19	19	(1) The security of Texans and the sovereignty of this
20	20	state have been threatened by the deadly activities of
21	21	transnational cartels operating throughout this state and the
22	22	United States.
23	23	(2) Many Texans have lost the peaceful use and
24	24	enjoyment of their properties due to criminal activities along the
25	25	border.
26	26	(3) Lethal quantities of opioids such as fentanyl are
27	27	being trafficked into this state resulting in the poisoning deaths
28	28	of people throughout Texas and the United States.
29	29	(4) Human trafficking by transnational cartels has
30	30	resulted in the deaths of many people and the exploitation of women
31	31	and children.
32	32	(5) This state is "in such imminent [d]anger as will
33	33	not admit of delay" and declares authority under Section 10,
34	34	Article 1, United States Constitution.
35	35	(6) Deaths from fentanyl and other synthetic opioids
36	36	are increasing in this state and throughout the United States and
37	37	number in the tens of thousands according to the National
38	38	Institutes of Health of the United States Department of Health and
39	39	Human Services.
40	40	(7) Fentanyl is being produced on an industrial scale
41	41	by Mexican cartels and smuggled across the border into Texas.
42	42	(8) The number of people unlawfully entering Texas
43	43	from Mexico at locations other than ports of entry has reached
44	44	historic levels and local communities are increasingly
45	45	overwhelmed.
46	46	(9) Law enforcement cannot adequately interdict
47	47	fentanyl and human trafficking operations along the Texas-Mexico
48	48	border because resources are diverted to address the unlawful entry
49	49	by large numbers of people into Texas from Mexico.
50	50	(10) The legislature, acting with the governor, has
51	51	the solemn duty to protect and defend the citizens of this state and
52	52	maintain sovereignty over this state's borders.
53	53	ARTICLE 2. BORDER PROTECTION UNIT
54	54	SECTION 2.01. Article 2.12, Code of Criminal Procedure, is
55	55	amended to read as follows:
56	56	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
57	57	officers:
58	58	(1) sheriffs, their deputies, and those reserve
59	59	deputies who hold a permanent peace officer license issued under
60	60	Chapter 1701, Occupations Code;
61	61	(2) constables, deputy constables, and those reserve
62	62	deputy constables who hold a permanent peace officer license issued
63	63	under Chapter 1701, Occupations Code;
64	64	(3) marshals or police officers of an incorporated
65	65	city, town, or village, and those reserve municipal police officers
66	66	who hold a permanent peace officer license issued under Chapter
67	67	1701, Occupations Code;
68	68	(4) rangers, officers, and members of the reserve
69	69	officer corps commissioned by:
70	70	(A) the Public Safety Commission; and
71	71	(B) either:
72	72	(i) the Director of the Department of
73	73	Public Safety; or
74	74	(ii) the unit chief of the Border
75	75	Protection Unit;
76	76	(5) investigators of the district attorneys', criminal
77	77	district attorneys', and county attorneys' offices;
78	78	(6) law enforcement agents of the Texas Alcoholic
79	79	Beverage Commission;
80	80	(7) each member of an arson investigating unit
81	81	commissioned by a city, a county, or the state;
82	82	(8) officers commissioned under Section 37.081,
83	83	Education Code, or Subchapter E, Chapter 51, Education Code;
84	84	(9) officers commissioned by the General Services
85	85	Commission;
86	86	(10) law enforcement officers commissioned by the
87	87	Parks and Wildlife Commission;
88	88	(11) officers commissioned under Chapter 23,
89	89	Transportation Code;
90	90	(12) municipal park and recreational patrolmen and
91	91	security officers;
92	92	(13) security officers and investigators commissioned
93	93	as peace officers by the comptroller;
94	94	(14) officers commissioned by a water control and
95	95	improvement district under Section 49.216, Water Code;
96	96	(15) officers commissioned by a board of trustees
97	97	under Chapter 54, Transportation Code;
98	98	(16) investigators commissioned by the Texas Medical
99	99	Board;
100	100	(17) officers commissioned by:
101	101	(A) the board of managers of the Dallas County
102	102	Hospital District, the Tarrant County Hospital District, the Bexar
103	103	County Hospital District, or the El Paso County Hospital District
104	104	under Section 281.057, Health and Safety Code;
105	105	(B) the board of directors of the Ector County
106	106	Hospital District under Section 1024.117, Special District Local
107	107	Laws Code;
108	108	(C) the board of directors of the Midland County
109	109	Hospital District of Midland County, Texas, under Section 1061.121,
110	110	Special District Local Laws Code; and
111	111	(D) the board of hospital managers of the Lubbock
112	112	County Hospital District of Lubbock County, Texas, under Section
113	113	1053.113, Special District Local Laws Code;
114	114	(18) county park rangers commissioned under
115	115	Subchapter E, Chapter 351, Local Government Code;
116	116	(19) investigators employed by the Texas Racing
117	117	Commission;
118	118	(20) officers commissioned under Chapter 554,
119	119	Occupations Code;
120	120	(21) officers commissioned by the governing body of a
121	121	metropolitan rapid transit authority under Section 451.108,
122	122	Transportation Code, or by a regional transportation authority
123	123	under Section 452.110, Transportation Code;
124	124	(22) investigators commissioned by the attorney
125	125	general under Section 402.009, Government Code;
126	126	(23) security officers and investigators commissioned
127	127	as peace officers under Chapter 466, Government Code;
128	128	(24) officers appointed by an appellate court under
129	129	Subchapter F, Chapter 53, Government Code;
130	130	(25) officers commissioned by the state fire marshal
131	131	under Chapter 417, Government Code;
132	132	(26) an investigator commissioned by the commissioner
133	133	of insurance under Section 701.104, Insurance Code;
134	134	(27) apprehension specialists and inspectors general
135	135	commissioned by the Texas Juvenile Justice Department as officers
136	136	under Sections 242.102 and 243.052, Human Resources Code;
137	137	(28) officers appointed by the inspector general of
138	138	the Texas Department of Criminal Justice under Section 493.019,
139	139	Government Code;
140	140	(29) investigators commissioned by the Texas
141	141	Commission on Law Enforcement under Section 1701.160, Occupations
142	142	Code;
143	143	(30) commission investigators commissioned by the
144	144	Texas Private Security Board under Section 1702.061, Occupations
145	145	Code;
146	146	(31) the fire marshal and any officers, inspectors, or
147	147	investigators commissioned by an emergency services district under
148	148	Chapter 775, Health and Safety Code;
149	149	(32) officers commissioned by the State Board of
150	150	Dental Examiners under Section 254.013, Occupations Code, subject
151	151	to the limitations imposed by that section;
152	152	(33) investigators commissioned by the Texas Juvenile
153	153	Justice Department as officers under Section 221.011, Human
154	154	Resources Code; and
155	155	(34) the fire marshal and any related officers,
156	156	inspectors, or investigators commissioned by a county under
157	157	Subchapter B, Chapter 352, Local Government Code.
158	158	SECTION 2.02. Section 411.002(a), Government Code, is
159	159	amended to read as follows:
160	160	(a) The Department of Public Safety of the State of Texas is
161	161	an agency of the state to enforce the laws protecting the public
162	162	safety, [and] provide for the prevention and detection of crime,
163	163	and defend and secure the state's air, maritime, and land borders.
164	164	The department is composed of the Texas Rangers, the Texas Highway
165	165	Patrol, the Border Protection Unit, the administrative division,
166	166	and other divisions that the commission considers necessary.
167	167	SECTION 2.03. Section 411.004, Government Code, is amended
168	168	to read as follows:
169	169	Sec. 411.004. DUTIES AND POWERS OF COMMISSION. The
170	170	commission shall:
171	171	(1) formulate plans and policies for:
172	172	(A) enforcement of state criminal, traffic, and
173	173	safety laws;
174	174	(B) prevention of crime;
175	175	(C) detection and apprehension of persons who
176	176	violate laws; [and]
177	177	(D) education of citizens of this state in the
178	178	promotion of public safety and the observance of law; and
179	179	(E) defense and security of this state's air,
180	180	maritime, and land borders;
181	181	(2) organize the department and supervise its
182	182	operation;
183	183	(3) adopt rules considered necessary for carrying out
184	184	the department's work;
185	185	(4) maintain records of all proceedings and official
186	186	orders; and
187	187	(5) biennially submit a report of its work to the
188	188	governor and legislature, including the commission's and director's
189	189	recommendations.
190	190	SECTION 2.04. Section 411.006(a), Government Code, is
191	191	amended to read as follows:
192	192	(a) Subject to Section 411.555, the [The] director shall:
193	193	(1) be directly responsible to the commission for the
194	194	conduct of and act as executive director of the Texas Highway
195	195	Patrol, the Texas Rangers, and other administrative divisions and
196	196	departments assigned by the commission, other than the Border
197	197	Protection Unit [the department's affairs];
198	198	(2) [act as executive director of the department;
199	199	[(3)] act with the commission in an advisory capacity,
200	200	without vote;
201	201	(3) [(4)] adopt rules, subject to commission
202	202	approval, considered necessary for the control of the department;
203	203	(4) [(5)] issue commissions as law enforcement
204	204	officers, under the commission's direction, to all members of the
205	205	Texas Rangers and the Texas Highway Patrol and to other officers of
206	206	the department;
207	207	(5) [(6)] appoint, with the advice and consent of the
208	208	commission, the head of a division or bureau provided for by this
209	209	chapter;
210	210	(6) [(7)] quarterly, annually, and biennially submit
211	211	to the commission detailed reports of the operation of the
212	212	department, including statements of its expenditures; and
213	213	(7) [(8)] prepare, swear to, submit to the governor,
214	214	and file in the department's records a quarterly statement
215	215	containing an itemized list of all money received and its source and
216	216	all money spent and the purposes for which it was spent.
217	217	SECTION 2.05. Section 411.007(a), Government Code, is
218	218	amended to read as follows:
219	219	(a) Subject to the provisions of this chapter, the director
220	220	may appoint, promote, reduce, suspend, or discharge any officer or
221	221	employee of the department, other than an officer or employee of the
222	222	Border Protection Unit.
223	223	SECTION 2.06. Section 411.017(a), Government Code, is
224	224	amended to read as follows:
225	225	(a) A person commits an offense if, without the director's
226	226	authorization, the person:
227	227	(1) manufactures, sells, or possesses a badge,
228	228	identification card, or other item bearing a department insignia or
229	229	an insignia deceptively similar to the department's;
230	230	(2) makes a copy or likeness of a badge,
231	231	identification card, or department insignia, with intent to use or
232	232	allow another to use the copy or likeness to produce an item bearing
233	233	the department insignia or an insignia deceptively similar to the
234	234	department's; or
235	235	(3) uses the term "Texas Department of Public Safety,"
236	236	"Department of Public Safety," "Texas Ranger," [or] "Texas Highway
237	237	Patrol," or "Border Protection Unit" in connection with an object,
238	238	with the intent to create the appearance that the object belongs to
239	239	or is being used by the department.
240	240	SECTION 2.07. Chapter 411, Government Code, is amended by
241	241	adding Subchapter S to read as follows:
242	242	SUBCHAPTER S. BORDER PROTECTION UNIT
243	243	Sec. 411.551. DEFINITIONS. In this subchapter:
244	244	(1) "Unit" means the Border Protection Unit.
245	245	(2) "Unit chief" means the person appointed under
246	246	Section 411.554 as the unit chief.
247	247	Sec. 411.552. BORDER PROTECTION UNIT; TERM OF
248	248	AUTHORIZATION. (a) The unit is a division under the commission
249	249	consisting of the number of commissioned and noncommissioned
250	250	officers and other employees authorized by the legislature.
251	251	(b) The unit is subject to appropriations by the legislature
252	252	and, unless continued in existence by the legislature, is abolished
253	253	December 31, 2030.
254	254	(c) This subchapter expires December 31, 2030.
255	255	Sec. 411.553. HEADQUARTERS. The unit must be headquartered
256	256	in the border region.
257	257	Sec. 411.554. UNIT CHIEF. (a) The governor shall appoint a
258	258	United States citizen to serve as the unit chief of the Border
259	259	Protection Unit. The unit chief serves until removed by the
260	260	governor.
261	261	(b) The unit chief may appoint, with the advice and consent
262	262	of the commission, deputy unit chiefs and assistant unit chiefs who
263	263	shall perform the duties that the unit chief designates. Deputy
264	264	unit chiefs and assistant unit chiefs serve until removed by the
265	265	unit chief.
266	266	(c) The unit chief, deputy unit chiefs, and assistant unit
267	267	chiefs are entitled to annual salaries as provided by the
268	268	legislature.
269	269	Sec. 411.555. GENERAL POWERS AND DUTIES OF UNIT AND UNIT
270	270	CHIEF. (a) The unit chief shall:
271	271	(1) be directly responsible to the commission for all
272	272	conduct of the unit, but may be removed only by the governor under
273	273	Section 411.554;
274	274	(2) act as the executive director of the unit;
275	275	(3) act with the commission in an advisory capacity,
276	276	without vote;
277	277	(4) adopt rules, subject to commission approval,
278	278	considered necessary for the control and general administration of
279	279	the unit, including rules governing the procurement of facilities
280	280	and equipment for the unit and the training and working conditions
281	281	for unit personnel;
282	282	(5) issue commissions as law enforcement officers,
283	283	under the commission's direction, to members of the unit;
284	284	(6) create as necessary, with the advice and consent
285	285	of the commission, operational or administrative divisions within
286	286	the unit and appoint heads of those divisions;
287	287	(7) employ as necessary commissioned and
288	288	noncommissioned officers and other employees to perform unit
289	289	operations and functions;
290	290	(8) quarterly, annually, and biennially submit to the
291	291	commission detailed reports of the operation of the unit, including
292	292	statements of its expenditures; and
293	293	(9) prepare, swear to, submit to the governor, and
294	294	file in the unit's records a quarterly statement containing an
295	295	itemized list of all money received and its source and all money
296	296	spent and the purposes for which it was spent.
297	297	(b) The unit chief or unit chief's designee shall provide to
298	298	members of the commission and to employees of the unit, as often as
299	299	necessary, information regarding the requirements for office or
300	300	employment under this chapter, including information regarding a
301	301	person's responsibilities under applicable law relating to
302	302	standards of conduct for state officers or employees.
303	303	(c) Subject to Subsection (d), the following provisions
304	304	apply to the unit chief with respect to the unit in the same manner
305	305	as the provisions apply to the director with respect to the
306	306	department or, as applicable, apply to the unit when acting at the
307	307	direction of the unit chief in the same manner as the provisions
308	308	apply to the department when acting at the direction of the
309	309	director:
310	310	(1) Section 411.007;
311	311	(2) Section 411.0071;
312	312	(3) Section 411.0075;
313	313	(4) Section 411.0079;
314	314	(5) Section 411.009;
315	315	(6) Section 411.0095;
316	316	(7) Section 411.0097, as added by Section 3, Chapter
317	317	556 (H.B. 1239), Acts of the 79th Legislature, Regular Session,
318	318	2005;
319	319	(8) Section 411.0097, as added by Section 1, Chapter
320	320	693 (S.B. 293), Acts of the 79th Legislature, Regular Session,
321	321	2005;
322	322	(9) Section 411.0098;
323	323	(10) Section 411.013(b);
324	324	(11) Section 411.0131;
325	325	(12) Section 411.0132;
326	326	(13) Section 411.0141(e);
327	327	(14) Section 411.015;
328	328	(15) Section 411.016;
329	329	(16) Section 411.0161;
330	330	(17) Section 411.0162;
331	331	(18) Section 411.0163;
332	332	(19) Section 411.0164;
333	333	(20) Section 411.017;
334	334	(21) Section 411.018;
335	335	(22) Sections 411.0207(c)(1)-(5);
336	336	(23) Sections 411.0208(d) and (e);
337	337	(24) Section 411.0209;
338	338	(25) Section 411.02095;
339	339	(26) Section 411.0865;
340	340	(27) Section 411.087(e);
341	341	(28) Section 411.0891; and
342	342	(29) Section 411.154.
343	343	(d) The director may not exercise any operational or
344	344	administrative control over the unit chief or the unit. The unit
345	345	chief may not exercise any operational or administrative control
346	346	over the director or the department, other than the unit.
347	347	(e) The unit is a criminal justice agency for purposes of
348	348	this chapter.
349	349	(f) The unit:
350	350	(1) may collect, preserve, ship, and analyze a DNA
351	351	sample for the DNA database subject to the rules adopted under
352	352	Section 411.146(c)(1); and
353	353	(2) is entitled to access or use a DNA sample or record
354	354	subject to the rules adopted under Section 411.147(b).
355	355	(g) The unit is a law enforcement agency for purposes of
356	356	Section 411.1471(b).
357	357	(h) The unit may assist local law enforcement with the
358	358	investigation of crime.
359	359	Sec. 411.556. OFFICE OF AUDIT AND REVIEW FOR UNIT. The
360	360	governor shall establish the office of audit and review within the
361	361	unit and appoint the director of the office to perform the duties
362	362	under Subchapter I with respect to the unit. The director of the
363	363	office of audit and review of the unit shall serve until removed by
364	364	the governor.
365	365	Sec. 411.557. INSPECTOR GENERAL FOR UNIT. (a) The governor
366	366	shall establish the office of the inspector general within the unit
367	367	and appoint the inspector general of the unit who shall perform with
368	368	respect to the unit the duties of Subchapter I-1 or as may be
369	369	provided by other law. The inspector general of the unit shall serve
370	370	until removed by the governor.
371	371	(b) The inspector general of the unit is responsible for:
372	372	(1) preparing and delivering assessments concerning
373	373	the administration of the unit to the governor, the legislature,
374	374	and the unit chief;
375	375	(2) acting to prevent and detect serious breaches of
376	376	unit policy, fraud, and abuse of office, including any acts of
377	377	criminal conduct within the unit; and
378	378	(3) independently and objectively reviewing,
379	379	investigating, delegating, and overseeing the investigation of:
380	380	(A) conduct described by Subdivision (2);
381	381	(B) criminal activity occurring within the unit;
382	382	(C) allegations of wrongdoing by unit employees;
383	383	(D) crimes committed on unit property; and
384	384	(E) serious breaches of unit policy.
385	385	Sec. 411.558. OFFICERS; OTHER EMPLOYEES. (a) The unit
386	386	chief may employ commissioned or noncommissioned officers meeting
387	387	the qualifications described by Section 411.561 to perform the
388	388	duties of the unit. Those officers are entitled to compensation as
389	389	provided by the legislature and must be recruited and trained
390	390	within the border region to the extent practicable.
391	391	(b) The unit chief may employ individuals who are not
392	392	officers as necessary to carry out the duties of the unit.
393	393	(c) Subject to the provisions of this chapter, the unit
394	394	chief may appoint, promote, reduce, suspend, or discharge any
395	395	officer or employee of the unit.
396	396	Sec. 411.559. AUTHORITY OF OFFICERS. (a) A commissioned
397	397	officer of the unit is governed by the law regulating and defining
398	398	the powers and duties of sheriffs performing similar duties, except
399	399	that the officer may make arrests and execute processes in a
400	400	criminal case in any county.
401	401	(b) Subject to Subsection (c), a commissioned or
402	402	noncommissioned officer of the unit may, to the extent consistent
403	403	with the United States and Texas Constitutions, arrest, apprehend,
404	404	or detain persons crossing the Texas-Mexico border unlawfully, and
405	405	deter persons attempting to cross the border unlawfully, including
406	406	with the use of non-deadly crowd control measures.
407	407	(c) A noncommissioned officer may not exercise the
408	408	authority provided by Subsection (b) unless specifically
409	409	authorized by the commission and the governor and unless the
410	410	officer has been provided training approved by the commission and
411	411	the governor. A noncommissioned officer may exercise the arrest
412	412	authority provided by Subsection (b) only if the authority is
413	413	exercised in a county:
414	414	(1) contiguous with the Texas-Mexico border; or
415	415	(2) adjoining a county described by Subdivision (1).
416	416	(d) The commission shall develop or recognize a training
417	417	program required by Subsection (c).
418	418	Sec. 411.560. DEFENSES TO CIVIL AND CRIMINAL LIABILITY.
419	419	Notwithstanding any other law, any defense or affirmative defense
420	420	that applies to a peace officer in a civil or criminal action
421	421	applies to the unit chief and the officers and other employees of
422	422	the unit in a civil or criminal action brought against the unit
423	423	chief or an officer or other employee of the unit arising from
424	424	conduct engaged in while discharging the duties of the unit.
425	425	Sec. 411.561. QUALIFICATIONS AND STANDARDS. (a) To be a
426	426	commissioned officer of the unit, a person must hold a peace officer
427	427	license issued under Chapter 1701, Occupations Code, and meet any
428	428	other qualifications set by the commission.
429	429	(b) To be a noncommissioned officer of the unit, a person
430	430	must be a United States citizen and meet any other qualifications
431	431	set by the commission.
432	432	(c) A noncommissioned officer shall operate under the
433	433	accountability requirements and standards of professional conduct
434	434	set forth by the commission.
435	435	(d) The unit is an equal employment opportunity employer and
436	436	may not discriminate against or give preferential treatment to any
437	437	employee or job applicant on account of the individual's race,
438	438	color, sex, national origin, or religion.
439	439	Sec. 411.562. FACILITIES AND EQUIPMENT; TRAINING; TRANSFER
440	440	FROM DEPARTMENT. (a) The unit shall acquire equipment and
441	441	facilities and conduct training necessary to fulfill the
442	442	operational, intelligence, communication, logistics, and
443	443	administrative duties provided by this chapter and the unit chief.
444	444	(b) The commission shall transfer existing personnel,
445	445	equipment, and facilities to the unit from within the department as
446	446	determined necessary by the commission or the governor, in the
447	447	commission's or governor's discretion, while maintaining
448	448	accountability and adequate support for all officers and activities
449	449	within the commission's responsibility.
450	450	Sec. 411.563. CONSTRUCTION AND MAINTENANCE OF PHYSICAL
451	451	BARRIERS. (a) The unit shall oversee the construction and
452	452	maintenance of walls, fences, and other physical barriers along the
453	453	Texas-Mexico border in order to enhance the safety and security of
454	454	citizens of this state.
455	455	(b) The unit chief, or the unit chief's designee, is
456	456	authorized to negotiate and acquire the necessary rights-of-way,
457	457	leases, permissions, materials, and services needed to erect and
458	458	maintain physical barriers.
459	459	(c) The unit may use funds appropriated by the legislature,
460	460	other government funds, or donations from United States citizens
461	461	and domestic entities.
462	462	(d) The commission may delegate authority granted under
463	463	this section to another state agency.
464	464	Sec. 411.564. ARTICLE I, SECTION 10 INVOCATION. Pursuant to
465	465	a legislative finding or a declaration by the governor that a state
466	466	of invasion or imminent danger under Section 10, Article I, United
467	467	States Constitution, exists, the unit chief and director may order
468	468	personnel under their authority to take, and the personnel may
469	469	take, the following actions to the extent consistent with the
470	470	United States and Texas Constitutions:
471	471	(1) deter and repel persons attempting to enter this
472	472	state unlawfully at locations other than ports of entry;
473	473	(2) return aliens to Mexico who:
474	474	(A) have been observed actually crossing the
475	475	Texas-Mexico border unlawfully; and
476	476	(B) were apprehended, detained, or arrested in
477	477	the vicinity of the Texas-Mexico border;
478	478	(3) enhance the examination of aircraft, ships,
479	479	vehicles, railcars, and cargo at or near ports of entry for the
480	480	purposes of interdicting fentanyl and other dangerous drugs and
481	481	interdicting human smuggling; and
482	482	(4) use force to repel, arrest, and detain known
483	483	transnational cartel operatives in the border region.
484	484	Sec. 411.565. OPERATIONAL PLAN TO COORDINATE BORDER
485	485	SECURITY. (a) The unit shall develop and recommend to the governor
486	486	and report to the legislature a strategic plan that establishes the
487	487	framework for the budget and operations of the unit, including
488	488	homeland security strategies and the assistance of other state and
489	489	local entities. The unit shall annually report to the governor and
490	490	the legislature on the implementation of the strategic plan.
491	491	(b) The unit shall include in the strategic plan goals,
492	492	objectives, and performance measures that involve collaboration
493	493	with other state agencies and local entities.
494	494	(c) The unit shall create plans and conduct operations
495	495	consistent with the strategic plan.
496	496	(d) The operational plan under this section must include an
497	497	evaluation of 8 U.S.C. Section 1325(a) and other federal laws
498	498	relating to the requirement that border crossings occur only at
499	499	designated ports of entry.
500	500	Sec. 411.566. SEVERABILITY. (a) Mindful of Leavitt v. Jane
501	501	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
502	502	severability of a state statute the Supreme Court of the United
503	503	States held that an explicit statement of legislative intent is
504	504	controlling, it is the intent of the legislature that every
505	505	provision, section, subsection, sentence, clause, phrase, or word
506	506	in this subchapter, and every application of the provisions in this
507	507	subchapter to every person, group of persons, or circumstances, are
508	508	severable from each other.
509	509	(b) If any application of any provision in this subchapter
510	510	to any person, group of persons, or circumstances is found by a
511	511	court to be invalid, preempted, or unconstitutional, for any reason
512	512	whatsoever, then the remaining applications of that provision to
513	513	all other persons and circumstances shall be severed and preserved,
514	514	and shall remain in effect. All constitutionally valid
515	515	applications of the provisions in this subchapter shall be severed
516	516	from any applications that a court finds to be invalid, preempted,
517	517	or unconstitutional, because it is the legislature's intent and
518	518	priority that every single valid application of every statutory
519	519	provision be allowed to stand alone.
520	520	(c) The legislature further declares that it would have
521	521	enacted this subchapter, and each provision, section, subsection,
522	522	sentence, clause, phrase, or word, and all constitutional
523	523	applications of the provisions of this subchapter, irrespective of
524	524	the fact that any provision, section, subsection, sentence, clause,
525	525	phrase, or word, or applications of this subchapter were to be
526	526	declared invalid, preempted, or unconstitutional.
527	527	(d) If any provision of this subchapter is found by any
528	528	court to be unconstitutionally vague, then the applications of that
529	529	provision that do not present constitutional vagueness problems
530	530	shall be severed and remain in force, consistent with the
531	531	severability requirements of Subsections (a), (b), and (c).
532	532	(e) No court may decline to enforce the severability
533	533	requirements of Subsections (a), (b), (c), and (d) on the ground
534	534	that severance would "rewrite" the statute or involve the court in
535	535	legislative or lawmaking activity. A court that declines to
536	536	enforce or enjoins a state official from enforcing a statutory
537	537	provision is never rewriting a statute or engaging in legislative
538	538	or lawmaking activity, as the statute continues to contain the same
539	539	words as before the court's decision. A judicial injunction or
540	540	declaration of unconstitutionality:
541	541	(1) is nothing more than an edict prohibiting
542	542	enforcement of the disputed statute against the named parties to
543	543	that lawsuit, which may subsequently be vacated by a later court if
544	544	that court has a different understanding of the requirements of the
545	545	Texas Constitution or the United States Constitution or federal
546	546	law;
547	547	(2) is not a formal amendment of the language in a
548	548	statute; and
549	549	(3) no more rewrites a statute than a decision by the
550	550	executive not to enforce a duly enacted statute in a limited and
551	551	defined set of circumstances.
552	552	(f) If any state or federal court disregards any of the
553	553	severability requirements in Subsections (a), (b), (c), (d), or
554	554	(e), and declares or finds any provision of this subchapter
555	555	facially invalid, preempted, or unconstitutional, when there are
556	556	discrete applications of that provision that can be enforced
557	557	against a person, group of persons, or circumstances without
558	558	violating federal law or the federal or state constitutions, then
559	559	that provision shall be interpreted, as a matter of state law, as if
560	560	the legislature had enacted a provision limited to the persons,
561	561	group of persons, or circumstances for which the provision's
562	562	application will not violate federal law or the federal or state
563	563	constitutions, and every court shall adopt this saving construction
564	564	of that provision until the court ruling that pronounced the
565	565	provision facially invalid, preempted, or unconstitutional is
566	566	vacated or overruled.
567	567	SECTION 2.08. As soon as practicable after the effective
568	568	date of this Act, the governor shall appoint the unit chief as
569	569	prescribed by Section 411.554, Government Code, as added by this
570	570	Act.
571	571	ARTICLE 3. TRESPASS: CIVIL AND CRIMINAL PENALTIES
572	572	SECTION 3.01. Article 17.44, Code of Criminal Procedure, is
573	573	amended by adding Subsection (b-1) to read as follows:
574	574	(b-1) A magistrate shall require as a condition of release
575	575	on bond for a defendant arrested for an offense under Section 30.08,
576	576	Penal Code, that the defendant submit to electronic monitoring
577	577	unless the magistrate finds that the defendant is not a flight risk.
578	578	SECTION 3.02. Chapter 752, Government Code, is amended by
579	579	adding Subchapter D to read as follows:
580	580	SUBCHAPTER D. ENFORCEMENT BY ATTORNEY GENERAL
581	581	Sec. 752.101. CIVIL PENALTY: TRESPASS WHILE ENTERING THIS
582	582	STATE. (a) A person who engages in conduct constituting an
583	583	offense under Section 30.08, Penal Code, is liable to this state for
584	584	a civil penalty in an amount not to exceed $10,000 for each
585	585	occurrence of the conduct.
586	586	(b) The attorney general may bring an action to collect the
587	587	civil penalty and may recover attorney's fees and costs incurred in
588	588	bringing the action.
589	589	SECTION 3.03. Chapter 30, Penal Code, is amended by adding
590	590	Section 30.08 to read as follows:
591	591	Sec. 30.08. TRESPASS WHILE ENTERING THIS STATE. (a) A
592	592	person commits an offense if the person knowingly enters the
593	593	property of another, without the effective consent of the owner,
594	594	while knowingly entering this state from any neighboring
595	595	jurisdiction, regardless of the person's immigration status.
596	596	(b) An offense under this section is a felony of the third
597	597	degree.
598	598	(c) If conduct that constitutes an offense under this
599	599	section also constitutes an offense under another law, the actor
600	600	may be prosecuted under this section, the other law, or both.
601	601	ARTICLE 4. PUBLIC HEALTH EMERGENCY
602	602	SECTION 4.01. Subtitle D, Title 2, Health and Safety Code,
603	603	is amended by adding Chapter 81B to read as follows:
604	604	CHAPTER 81B. SUSPENSION OF ENTRY OF PERSONS FROM DESIGNATED PLACES
605	605	TO PREVENT SPREAD OF COMMUNICABLE DISEASES
606	606	Sec. 81B.001. DEFINITIONS. In this chapter:
607	607	(1) "COVID-19" means the 2019 novel coronavirus
608	608	disease.
609	609	(2) "Federally declared public health emergency"
610	610	means:
611	611	(A) a public health emergency declared by the
612	612	United States secretary of health and human services under 42
613	613	U.S.C. Section 247d; or
614	614	(B) an emergency or disaster declared, including
615	615	under a renewal of the declaration, by the president of the United
616	616	States in relation to a public health emergency described by
617	617	Paragraph (A) under:
618	618	(i) the National Emergencies Act (50 U.S.C.
619	619	Section 1601 et seq.); or
620	620	(ii) the Robert T. Stafford Disaster Relief
621	621	and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.).
622	622	(3) "Person" means any individual other than one
623	623	described by:
624	624	(A) the first sentence of Section 1 of the
625	625	Fourteenth Amendment to the United States Constitution; or
626	626	(B) 8 U.S.C. Section 1101(a)(20).
627	627	(4) "Port of entry" means a port of entry described by
628	628	Part 101, Title 19, Code of Federal Regulations (19 C.F.R. part
629	629	101), or 22 C.F.R. Section 40.1.
630	630	Sec. 81B.002. SUSPENSION OF ENTRY. (a) To the extent
631	631	consistent with the United States Constitution, all persons
632	632	entering this state by land from another country must pass through a
633	633	port of entry for appropriate medical review during:
634	634	(1) the pendency of any federally declared public
635	635	health emergency for COVID-19;
636	636	(2) any time that a federal agency has in place any
637	637	vaccination requirement for any person lawfully residing in the
638	638	United States, including government contractors or health care
639	639	workers, for the purposes of preventing the spread of COVID-19 in
640	640	the United States; or
641	641	(3) any time the United States Department of State has
642	642	in place any travel warning related to COVID-19 for any country from
643	643	which citizens have unlawfully entered the United States during the
644	644	most recent year for which there is available data.
645	645	(b) A person who enters this state from a foreign country
646	646	other than in accordance with Subsection (a), to the extent
647	647	consistent with the United States Constitution, shall be removed to
648	648	the country from which they entered the United States, their
649	649	country of origin, or another location as practicable, as rapidly
650	650	as possible with as little time spent in congregate settings as
651	651	practicable under the circumstances.
652	652	Sec. 81B.003. SEVERABILITY. (a) Mindful of Leavitt v. Jane
653	653	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
654	654	severability of a state statute the Supreme Court of the United
655	655	States held that an explicit statement of legislative intent is
656	656	controlling, it is the intent of the legislature that every
657	657	provision, section, subsection, sentence, clause, phrase, or word
658	658	in this chapter, and every application of the provisions in this
659	659	chapter to every person, group of persons, or circumstances, are
660	660	severable from each other.
661	661	(b) If any application of any provision in this chapter to
662	662	any person, group of persons, or circumstances is found by a court
663	663	to be invalid, preempted, or unconstitutional, for any reason
664	664	whatsoever, then the remaining applications of that provision to
665	665	all other persons and circumstances shall be severed and preserved,
666	666	and shall remain in effect. All constitutionally valid
667	667	applications of the provisions in this chapter shall be severed
668	668	from any applications that a court finds to be invalid, preempted,
669	669	or unconstitutional, because it is the legislature's intent and
670	670	priority that every single valid application of every statutory
671	671	provision be allowed to stand alone.
672	672	(c) The legislature further declares that it would have
673	673	enacted this chapter, and each provision, section, subsection,
674	674	sentence, clause, phrase, or word, and all constitutional
675	675	applications of the provisions of this chapter, irrespective of the
676	676	fact that any provision, section, subsection, sentence, clause,
677	677	phrase, or word, or applications of this chapter were to be declared
678	678	invalid, preempted, or unconstitutional.
679	679	(d) If any provision of this chapter is found by any court to
680	680	be unconstitutionally vague, then the applications of that
681	681	provision that do not present constitutional vagueness problems
682	682	shall be severed and remain in force, consistent with the
683	683	severability requirements of Subsections (a), (b), and (c).
684	684	(e) No court may decline to enforce the severability
685	685	requirements of Subsections (a), (b), (c), and (d) on the ground
686	686	that severance would "rewrite" the statute or involve the court in
687	687	legislative or lawmaking activity. A court that declines to
688	688	enforce or enjoins a state official from enforcing a statutory
689	689	provision is never rewriting a statute or engaging in legislative
690	690	or lawmaking activity, as the statute continues to contain the same
691	691	words as before the court's decision. A judicial injunction or
692	692	declaration of unconstitutionality:
693	693	(1) is nothing more than an edict prohibiting
694	694	enforcement of the disputed statute against the named parties to
695	695	that lawsuit, which may subsequently be vacated by a later court if
696	696	that court has a different understanding of the requirements of the
697	697	Texas Constitution or the United States Constitution or federal
698	698	law;
699	699	(2) is not a formal amendment of the language in a
700	700	statute; and
701	701	(3) no more rewrites a statute than a decision by the
702	702	executive not to enforce a duly enacted statute in a limited and
703	703	defined set of circumstances.
704	704	(f) If any state or federal court disregards any of the
705	705	severability requirements in Subsections (a), (b), (c), (d), or
706	706	(e), and declares or finds any provision of this chapter facially
707	707	invalid, preempted, or unconstitutional, when there are discrete
708	708	applications of that provision that can be enforced against a
709	709	person, group of persons, or circumstances without violating
710	710	federal law or the federal or state constitutions, then that
711	711	provision shall be interpreted, as a matter of state law, as if the
712	712	legislature had enacted a provision limited to the persons, group
713	713	of persons, or circumstances for which the provision's application
714	714	will not violate federal law or the federal or state constitutions,
715	715	and every court shall adopt this saving construction of that
716	716	provision until the court ruling that pronounced the provision
717	717	facially invalid, preempted, or unconstitutional is vacated or
718	718	overruled.
719	719	ARTICLE 5. LEGISLATIVE OVERSIGHT
720	720	SECTION 5.01. Subtitle C, Title 3, Government Code, is
721	721	amended by adding Chapter 330 to read as follows:
722	722	CHAPTER 330. LEGISLATIVE BORDER SAFETY OVERSIGHT COMMITTEE
723	723	Sec. 330.001. DEFINITION. In this section, "committee"
724	724	means the legislative border safety oversight committee
725	725	established under this chapter.
726	726	Sec. 330.002. ESTABLISHMENT; COMPOSITION. (a) The
727	727	legislative border safety oversight committee is established to:
728	728	(1) provide objective research, analysis, and
729	729	recommendations to help guide state border safety policies;
730	730	(2) provide oversight for the Border Protection Unit
731	731	established under Subchapter S, Chapter 411; and
732	732	(3) perform other duties required by law.
733	733	(b) The committee consists of the following members:
734	734	(1) the lieutenant governor;
735	735	(2) the speaker of the house of representatives;
736	736	(3) four senators appointed by the lieutenant
737	737	governor; and
738	738	(4) four members of the house of representatives
739	739	appointed by the speaker of the house of representatives.
740	740	(c) The lieutenant governor and the speaker of the house of
741	741	representatives are joint chairs of the committee.
742	742	Sec. 330.003. POWERS AND DUTIES. (a) The committee shall:
743	743	(1) use statistical analyses and other research
744	744	methods to conduct an in-depth examination of border safety
745	745	initiatives and programs in this state that includes:
746	746	(A) an assessment of the cost-effectiveness of
747	747	the use of state and local funds in ensuring border safety;
748	748	(B) an identification of critical border safety
749	749	problems; and
750	750	(C) a determination of the state's long-range
751	751	border safety needs;
752	752	(2) recommend to the legislature:
753	753	(A) strategies to solve the problems identified
754	754	under Subdivision (1)(B); and
755	755	(B) policy priorities to address the long-range
756	756	needs determined under Subdivision (1)(C); and
757	757	(3) advise and assist the legislature in developing
758	758	plans, programs, and proposed legislation to improve the
759	759	effectiveness of border safety initiatives and programs.
760	760	(b) The committee has all other powers and duties provided
761	761	to a special committee by:
762	762	(1) Subchapter B, Chapter 301;
763	763	(2) the rules of the senate and the house of
764	764	representatives; and
765	765	(3) policies of the senate and house committees on
766	766	administration.
767	767	Sec. 330.004. MEETINGS; QUORUM. (a) A majority of the
768	768	members of the committee from each house of the legislature
769	769	constitutes a quorum to transact business. If a quorum is present,
770	770	the committee may act on any matter within the committee's
771	771	jurisdiction by a majority vote.
772	772	(b) The committee shall meet as often as necessary to
773	773	perform the committee's duties. Meetings may be held at any time at
774	774	the request of either chair or on written petition of a majority of
775	775	the committee members from each house of the legislature.
776	776	(c) The committee shall meet in the city of Austin, except
777	777	that if a majority of the committee members from each house of the
778	778	legislature agree, the committee may meet in any location
779	779	determined by the committee.
780	780	(d) As an exception to Chapter 551 and other law, for a
781	781	meeting in the city of Austin at which both joint chairs of the
782	782	committee are physically present, any number of the other committee
783	783	members may attend the meeting by use of telephone conference call,
784	784	videoconference call, or other similar technology. This subsection
785	785	applies for purposes of establishing a quorum or voting or any other
786	786	purpose allowing the members to fully participate in any committee
787	787	meeting. This subsection applies without regard to the subject or
788	788	topics considered by the members at the meeting.
789	789	(e) A committee meeting held by use of telephone conference
790	790	call, videoconference call, or other similar technology:
791	791	(1) is subject to the notice requirements applicable
792	792	to other meetings;
793	793	(2) must specify in the notice of the meeting the
794	794	location in the city of Austin at which the joint chairs will be
795	795	physically present;
796	796	(3) must be open to the public and audible to the
797	797	public at the location specified in the notice under Subdivision
798	798	(2); and
799	799	(4) must provide two-way audio communication between
800	800	all committee members attending the meeting during the entire
801	801	meeting, and if the two-way audio communication link with any
802	802	member attending the meeting is disrupted at any time, the meeting
803	803	may not continue until the two-way audio communication link is
804	804	reestablished.
805	805	Sec. 330.005. STAFF; AUTHORITY TO CONTRACT. The committee
806	806	may hire staff or may contract with universities or other suitable
807	807	entities to assist the committee in carrying out the committee's
808	808	duties. Funding to support the operation of the committee shall be
809	809	provided from funds appropriated to the Texas Legislative Council.
810	810	Sec. 330.006. REPORT. Not later than January 1 of each
811	811	odd-numbered year, the committee shall submit to the legislature a
812	812	report that contains the recommendations described by Section
813	813	330.003(a)(2).
814	814	ARTICLE 6. SEVERABILITY; EFFECTIVE DATE
815	815	SECTION 6.01. (a) If any provision of this Act or its
816	816	application to any person or circumstance is held invalid, the
817	817	invalidity does not affect other provisions or applications of this
818	818	Act that can be given effect without the invalid provision or
819	819	application, and to this end the provisions of this Act are declared
820	820	to be severable.
821	821	(b) Subsection (a) of this section does not affect another
822	822	severability provision contained in this Act.
823	823	SECTION 6.02. This Act takes effect immediately if it
824	824	receives a vote of two-thirds of all the members elected to each
825	825	house, as provided by Section 39, Article III, Texas Constitution.
826	826	If this Act does not receive the vote necessary for immediate
827	827	effect, this Act takes effect September 1, 2023.