88R11919 SCP-F
By: Hayes H.B. No. 4368
A BILL TO BE ENTITLED
AN ACT
relating to the protection of this state and its citizens from
border invasion or imminent danger from border security breaches;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 425 to read as follows:
CHAPTER 425. BORDER INVASION AND IMMINENT DANGER
Sec. 425.001. DEFINITIONS. In this chapter:
(1) "Port of entry" has the meaning assigned by
Section 621.001, Transportation Code.
(2) "Remove" means to transfer and expel individuals
in this state that have made an unlawful entry into the United
States to a location outside the border of the United States.
(3) "Repel" means to prevent the unlawful entry of
individuals, vehicles, or other animate or inanimate objects into
this state through the use of physical barriers, technology, or
other rules of engagement. The term includes preventing the
unauthorized entry of an individual at a port of entry.
(4) "Texas military forces" means the Texas National
Guard, the Texas State Guard, and any other military force
organized under state law.
(5) "Unlawful entry" means entering the United States
at any place other than a legal port of entry.
Sec. 425.002. DECLARATION OF INVASION OR IMMINENT DANGER.
(a) The governor may issue a declaration of imminent danger if the
governor finds that:
(1) the safety and security of this state and its
citizens are in imminent danger from threats by the unsecured
southern border of this state; and
(2) action to secure the border must be taken without
delay.
(b) The governor may issue a declaration of invasion if the
governor finds that this state is under invasion.
(c) The legislature may, by concurrent resolution adopted
by both houses of the legislature, issue a declaration of imminent
danger if the legislature finds that:
(1) the safety and security of this state and its
citizens are in imminent danger from threats by the unsecured
southern border of this state; and
(2) action to secure the border must be taken without
delay.
(d) The legislature may, by concurrent resolution adopted
by both houses of the legislature, issue a declaration of invasion
if the legislature finds that this state is under invasion.
Sec. 425.003. REQUIREMENT TO REPEL OR REMOVE. (a) During a
declaration of invasion or a declaration of imminent danger, the
Texas military forces and any law enforcement or peace officer in
this state shall take action necessary to repel any individual,
vehicle, or other animate or inanimate object attempting to make an
unlawful entry into this state.
(b) An individual who has made an unlawful entry into this
state shall be arrested and prosecuted for any violation of state
law before the individual is removed.
Sec. 425.004. TRANSPORT OF UNLAWFUL ENTRANTS PROHIBITED;
OFFENSE; FORFEITURE. (a) An individual commits an offense if the
individual knowingly transports another individual who has made an
unlawful entry into this state during a declaration of imminent
danger or declaration of invasion.
(b) An offense under this section is punishable in the
manner provided by Section 20.05(b), Penal Code, for the punishment
of the offenses included in that section.
(c) If a person is convicted of an offense under this
section, the court in its judgment of conviction shall order the
forfeiture of all contraband that is used in the commission of the
offense, as provided by Chapter 59, Code of Criminal Procedure.
Sec. 425.005. HANDOVER OF UNLAWFUL ENTRANTS TO FEDERAL
AUTHORITIES PROHIBITED. During a declaration of imminent danger or
a declaration of invasion, a member of the Texas military forces or
a law enforcement or peace officer in this state is prohibited from
handing over individuals who have made an unlawful entry to federal
authorities if the policies under which the federal authority is
operating would result in the release into the United States of
individuals who have made an unlawful entry.
SECTION 2. 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.