| 1 | 1 | | 88R30572 JRR-F |
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| 2 | 2 | | By: Birdwell, et al. S.B. No. 2424 |
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| 3 | 3 | | (Hefner) |
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| 4 | 4 | | Substitute the following for S.B. No. 2424: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to illegal entry into this state from Mexico by a person |
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| 10 | 10 | | who is not a citizen or legal permanent resident of the United |
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| 11 | 11 | | States; creating criminal offenses. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Title 10, Penal Code, is amended by adding |
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| 14 | 14 | | Chapter 51 to read as follows: |
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| 15 | 15 | | CHAPTER 51. ILLEGAL ENTRY FROM MEXICO |
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| 16 | 16 | | Sec. 51.01. DEFINITION. In this chapter, "port of entry" |
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| 17 | 17 | | means a port of entry as designated by 19 C.F.R. Part 101. |
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| 18 | 18 | | Sec. 51.02. ILLEGAL ENTRY FROM MEXICO. (a) A person who is |
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| 19 | 19 | | not a citizen or legal permanent resident of the United States |
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| 20 | 20 | | commits an offense if the person enters or attempts to enter this |
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| 21 | 21 | | state by crossing its border with Mexico at any place other than a |
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| 22 | 22 | | port of entry. |
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| 23 | 23 | | (b) An offense under this section is a Class B misdemeanor, |
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| 24 | 24 | | except that the offense is a state jail felony if it is shown on the |
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| 25 | 25 | | trial of the offense that the actor has previously been finally |
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| 26 | 26 | | convicted of an offense under this section. |
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| 27 | 27 | | (c) A peace officer may, in lieu of arrest, remove a person |
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| 28 | 28 | | detained for an offense under this section by collecting any |
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| 29 | 29 | | identifying information the person may have, transporting the |
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| 30 | 30 | | person to a port of entry, and ordering the person to return to |
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| 31 | 31 | | Mexico. |
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| 32 | 32 | | (d) A law enforcement officer of the Department of Public |
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| 33 | 33 | | Safety who arrests a person for an offense under this section shall, |
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| 34 | 34 | | to the extent feasible, detain the person in a facility established |
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| 35 | 35 | | under Operation Lone Star or a similar border security operation of |
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| 36 | 36 | | this state. |
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| 37 | 37 | | (e) A court may not abate the prosecution of an offense |
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| 38 | 38 | | under this section on the basis that a federal determination |
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| 39 | 39 | | regarding the immigration status of the actor is pending. |
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| 40 | 40 | | Sec. 51.03. REFUSAL TO COMPLY WITH ORDER TO RETURN TO |
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| 41 | 41 | | MEXICO. (a) A person commits an offense if, following the |
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| 42 | 42 | | commission of an offense under Section 51.02(a), the person refuses |
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| 43 | 43 | | to comply with an order to return to Mexico delivered by a peace |
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| 44 | 44 | | officer under Section 51.02(c). |
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| 45 | 45 | | (b) An offense under this section is a felony of the second |
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| 46 | 46 | | degree. |
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| 47 | 47 | | SECTION 2. Section 102.002, Civil Practice and Remedies |
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| 48 | 48 | | Code, is amended by adding Subsection (b-1) to read as follows: |
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| 49 | 49 | | (b-1) A local government shall pay actual damages, court |
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| 50 | 50 | | costs, and attorney's fees awarded against an employee of the local |
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| 51 | 51 | | government if the damages arise from a cause of action resulting |
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| 52 | 52 | | from actions taken by the person to enforce Chapter 51, Penal Code, |
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| 53 | 53 | | during the course and scope of the person's employment for the local |
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| 54 | 54 | | government. |
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| 55 | 55 | | SECTION 3. Section 104.002(a), Civil Practice and Remedies |
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| 56 | 56 | | Code, is amended to read as follows: |
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| 57 | 57 | | (a) Except as provided by Subsection (b), the state is |
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| 58 | 58 | | liable for indemnification under this chapter only if the damages |
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| 59 | 59 | | are based on an act or omission by the person in the course and scope |
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| 60 | 60 | | of the person's office, employment, or contractual performance for |
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| 61 | 61 | | or service on behalf of the agency, institution, or department and |
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| 62 | 62 | | if: |
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| 63 | 63 | | (1) the damages arise out of a cause of action for |
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| 64 | 64 | | negligence, except a wilful or wrongful act or an act of gross |
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| 65 | 65 | | negligence; [or] |
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| 66 | 66 | | (2) the damages arise out of a cause of action for |
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| 67 | 67 | | deprivation of a right, privilege, or immunity secured by the |
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| 68 | 68 | | constitution or laws of this state or the United States, except when |
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| 69 | 69 | | the court in its judgment or the jury in its verdict finds that the |
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| 70 | 70 | | person acted in bad faith, with conscious indifference or reckless |
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| 71 | 71 | | disregard; [or] |
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| 72 | 72 | | (3) the damages arise out of a cause of action |
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| 73 | 73 | | resulting from actions taken by the person to enforce Chapter 51, |
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| 74 | 74 | | Penal Code; or |
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| 75 | 75 | | (4) indemnification is in the interest of the state as |
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| 76 | 76 | | determined by the attorney general or his designee. |
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| 77 | 77 | | SECTION 4. Section 157.903, Local Government Code, is |
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| 78 | 78 | | amended to read as follows: |
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| 79 | 79 | | Sec. 157.903. AUTHORITY TO INDEMNIFY ELECTED AND APPOINTED |
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| 80 | 80 | | COUNTY OFFICERS; INDEMNIFICATION REQUIRED IN CERTAIN CASES. (a) |
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| 81 | 81 | | The commissioners court of a county by order may provide for the |
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| 82 | 82 | | indemnification of an elected or appointed county officer against |
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| 83 | 83 | | personal liability for the loss of county funds, or loss of or |
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| 84 | 84 | | damage to personal property, incurred by the officer in the |
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| 85 | 85 | | performance of official duties if the loss was not the result of the |
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| 86 | 86 | | officer's negligence or criminal action. |
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| 87 | 87 | | (b) If a county adopts an indemnification order under |
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| 88 | 88 | | Subsection (a), the order must indemnify an elected or appointed |
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| 89 | 89 | | county officer for damages resulting from actions taken by the |
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| 90 | 90 | | officer to enforce Chapter 51, Penal Code, during the performance |
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| 91 | 91 | | of official duties. |
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| 92 | 92 | | SECTION 5. It is the intent of the legislature that every |
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| 93 | 93 | | provision, section, subsection, sentence, clause, phrase, or word |
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| 94 | 94 | | in this Act, and every application of the provisions in this Act to |
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| 95 | 95 | | every person, group of persons, or circumstances, is severable from |
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| 96 | 96 | | each other. If any application of any provision in this Act to any |
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| 97 | 97 | | person, group of persons, or circumstances is found by a court to be |
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| 98 | 98 | | invalid for any reason, the remaining applications of that |
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| 99 | 99 | | provision to all other persons and circumstances shall be severed |
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| 100 | 100 | | and may not be affected. |
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| 101 | 101 | | SECTION 6. This Act takes effect July 1, 2023, if it |
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| 102 | 102 | | receives a vote of two-thirds of all the members elected to each |
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| 103 | 103 | | house, as provided by Section 39, Article III, Texas Constitution. |
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| 104 | 104 | | If this Act does not receive the vote necessary for effect on that |
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| 105 | 105 | | date, this Act takes effect September 1, 2023. |
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