| 1 | 1 | | 88R11919 SCP-F |
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| 2 | 2 | | By: Hayes H.B. No. 4368 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the protection of this state and its citizens from |
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| 8 | 8 | | border invasion or imminent danger from border security breaches; |
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| 9 | 9 | | creating a criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subtitle B, Title 4, Government Code, is amended |
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| 12 | 12 | | by adding Chapter 425 to read as follows: |
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| 13 | 13 | | CHAPTER 425. BORDER INVASION AND IMMINENT DANGER |
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| 14 | 14 | | Sec. 425.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Port of entry" has the meaning assigned by |
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| 16 | 16 | | Section 621.001, Transportation Code. |
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| 17 | 17 | | (2) "Remove" means to transfer and expel individuals |
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| 18 | 18 | | in this state that have made an unlawful entry into the United |
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| 19 | 19 | | States to a location outside the border of the United States. |
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| 20 | 20 | | (3) "Repel" means to prevent the unlawful entry of |
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| 21 | 21 | | individuals, vehicles, or other animate or inanimate objects into |
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| 22 | 22 | | this state through the use of physical barriers, technology, or |
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| 23 | 23 | | other rules of engagement. The term includes preventing the |
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| 24 | 24 | | unauthorized entry of an individual at a port of entry. |
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| 25 | 25 | | (4) "Texas military forces" means the Texas National |
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| 26 | 26 | | Guard, the Texas State Guard, and any other military force |
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| 27 | 27 | | organized under state law. |
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| 28 | 28 | | (5) "Unlawful entry" means entering the United States |
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| 29 | 29 | | at any place other than a legal port of entry. |
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| 30 | 30 | | Sec. 425.002. DECLARATION OF INVASION OR IMMINENT DANGER. |
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| 31 | 31 | | (a) The governor may issue a declaration of imminent danger if the |
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| 32 | 32 | | governor finds that: |
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| 33 | 33 | | (1) the safety and security of this state and its |
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| 34 | 34 | | citizens are in imminent danger from threats by the unsecured |
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| 35 | 35 | | southern border of this state; and |
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| 36 | 36 | | (2) action to secure the border must be taken without |
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| 37 | 37 | | delay. |
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| 38 | 38 | | (b) The governor may issue a declaration of invasion if the |
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| 39 | 39 | | governor finds that this state is under invasion. |
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| 40 | 40 | | (c) The legislature may, by concurrent resolution adopted |
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| 41 | 41 | | by both houses of the legislature, issue a declaration of imminent |
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| 42 | 42 | | danger if the legislature finds that: |
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| 43 | 43 | | (1) the safety and security of this state and its |
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| 44 | 44 | | citizens are in imminent danger from threats by the unsecured |
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| 45 | 45 | | southern border of this state; and |
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| 46 | 46 | | (2) action to secure the border must be taken without |
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| 47 | 47 | | delay. |
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| 48 | 48 | | (d) The legislature may, by concurrent resolution adopted |
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| 49 | 49 | | by both houses of the legislature, issue a declaration of invasion |
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| 50 | 50 | | if the legislature finds that this state is under invasion. |
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| 51 | 51 | | Sec. 425.003. REQUIREMENT TO REPEL OR REMOVE. (a) During a |
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| 52 | 52 | | declaration of invasion or a declaration of imminent danger, the |
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| 53 | 53 | | Texas military forces and any law enforcement or peace officer in |
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| 54 | 54 | | this state shall take action necessary to repel any individual, |
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| 55 | 55 | | vehicle, or other animate or inanimate object attempting to make an |
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| 56 | 56 | | unlawful entry into this state. |
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| 57 | 57 | | (b) An individual who has made an unlawful entry into this |
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| 58 | 58 | | state shall be arrested and prosecuted for any violation of state |
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| 59 | 59 | | law before the individual is removed. |
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| 60 | 60 | | Sec. 425.004. TRANSPORT OF UNLAWFUL ENTRANTS PROHIBITED; |
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| 61 | 61 | | OFFENSE; FORFEITURE. (a) An individual commits an offense if the |
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| 62 | 62 | | individual knowingly transports another individual who has made an |
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| 63 | 63 | | unlawful entry into this state during a declaration of imminent |
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| 64 | 64 | | danger or declaration of invasion. |
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| 65 | 65 | | (b) An offense under this section is punishable in the |
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| 66 | 66 | | manner provided by Section 20.05(b), Penal Code, for the punishment |
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| 67 | 67 | | of the offenses included in that section. |
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| 68 | 68 | | (c) If a person is convicted of an offense under this |
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| 69 | 69 | | section, the court in its judgment of conviction shall order the |
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| 70 | 70 | | forfeiture of all contraband that is used in the commission of the |
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| 71 | 71 | | offense, as provided by Chapter 59, Code of Criminal Procedure. |
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| 72 | 72 | | Sec. 425.005. HANDOVER OF UNLAWFUL ENTRANTS TO FEDERAL |
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| 73 | 73 | | AUTHORITIES PROHIBITED. During a declaration of imminent danger or |
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| 74 | 74 | | a declaration of invasion, a member of the Texas military forces or |
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| 75 | 75 | | a law enforcement or peace officer in this state is prohibited from |
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| 76 | 76 | | handing over individuals who have made an unlawful entry to federal |
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| 77 | 77 | | authorities if the policies under which the federal authority is |
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| 78 | 78 | | operating would result in the release into the United States of |
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| 79 | 79 | | individuals who have made an unlawful entry. |
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| 80 | 80 | | SECTION 2. This Act takes effect immediately if it receives |
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| 81 | 81 | | a vote of two-thirds of all the members elected to each house, as |
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| 82 | 82 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 83 | 83 | | Act does not receive the vote necessary for immediate effect, this |
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| 84 | 84 | | Act takes effect September 1, 2023. |
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