Texas 2023 - 88th 2nd C.S.

Texas House Bill HB44 Compare Versions

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1	1	By: Troxclair H.B. No. 44
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to measures to ensure the safety and welfare of the
7	7	southern border region of this state, including protection from
8	8	ongoing criminal activity and public health threats; creating a
9	9	criminal offense; creating a civil penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. GENERAL PROVISIONS
12	12	SECTION 1.01. SHORT TITLE. This Act shall be known as the
13	13	Border Protection Unit Act.
14	14	SECTION 1.02. FINDINGS. (a) The legislature finds that:
15	15	(1) The security of Texans and the sovereignty of the
16	16	state has been threatened by the deadly activities of transnational
17	17	cartels operating throughout the State of Texas and the United
18	18	States;
19	19	(2) Many Texans have lost the peaceful use and
20	20	enjoyment of their properties due to criminal activities along the
21	21	border;
22	22	(3) Lethal quantities of opioids such as fentanyl are
23	23	being trafficked into Texas and resulting in the poisoning deaths
24	24	of thousands of people throughout the country;
25	25	(4) Texas is in such imminent danger as will not admit
26	26	of delay, and now declares authority under Article 1, § 10 of the
27	27	U.S. Constitution;
28	28	(5) The Legislature, acting with the Governor, has the
29	29	solemn duty to protect and defend the citizens of Texas, and
30	30	maintain the sovereignty of Texas borders.
31	31	SECTION 1.03. Article 2.12, Code of Criminal Procedure, is
32	32	amended by amending Subsection (4) to read as follows:
33	33	(4) rangers, officers, and members of the reserve
34	34	officer corps commissioned by the Public Safety Commission, [and]
35	35	the Director of the Department of Public Safety, and the unit chief
36	36	of the Border Protection Unit;
37	37	SECTION 1.04. Section 411.001, Government Code, is amended
38	38	to read as follows:
39	39	Sec. 411.001. DEFINITIONS. In this chapter:
40	40	(1) "Commission" means the Public Safety Commission.
41	41	(2) "Department" means the Department of Public Safety
42	42	of the State of Texas.
43	43	(3) "Director" means the public safety director.
44	44	(4) "Internet" means the largest nonproprietary
45	45	nonprofit cooperative public computer network, popularly known as
46	46	the Internet.
47	47	(5) "Unit" means the Border Protection Unit.
48	48	(6) "Unit chief" means the person charged with
49	49	directing the unit.
50	50	ARTICLE 2. POWERS AND DUTIES
51	51	SECTION 2.01. Section 411.002, Government Code, is amended
52	52	by amending Subsection (a) to read as follows:
53	53	(a) The Department of Public Safety of the State of Texas is
54	54	an agency of the state to enforce the laws protecting the public
55	55	safety, [and] provide for the prevention and detection of crime,
56	56	and to defend and secure the Texas air, maritime, and land border.
57	57	The department is composed of the Texas Rangers, the Texas Highway
58	58	Patrol, the Border Protection Unit, the administrative division,
59	59	and other divisions that the commission considers necessary.
60	60	SECTION 2.02. Sections 411.004, Government Code, is amended
61	61	by amending Subdivision (1) to read as follows:
62	62	(1) formulate plans and policies for:
63	63	(A) enforcement of state criminal, traffic, and
64	64	safety laws;
65	65	(B) prevention of crime;
66	66	(C) detection and apprehension of persons who
67	67	violate laws; [and]
68	68	(D) education of citizens of this state in the
69	69	promotion of public safety and the observance of law; and
70	70	(E) defense and security of the Texas air,
71	71	maritime, and land border.
72	72	SECTION 2.03. Chapter 411, Government Code, is amended by
73	73	adding Sections 411.0055 and 411.0056 to read as follows:
74	74	Sec. 411.0055. BORDER PROTECTION UNIT CHIEF. (a) The
75	75	governor shall appoint a citizen of the United States as border
76	76	protection unit chief. The unit chief serves until removed by the
77	77	governor.
78	78	(b) The unit chief may appoint, with the advice and consent
79	79	of the commission, deputy unit chiefs and assistant unit chiefs who
80	80	shall perform the duties that the unit chief designates. Deputy
81	81	unit chiefs and assistant unit chiefs serve until removed by the
82	82	unit chief.
83	83	(c) The unit chief, deputy unit chiefs, and assistant unit
84	84	chiefs are entitled to annual salaries as provided by the
85	85	legislature.
86	86	Sec. 411.0056. POWERS AND DUTIES OF THE BORDER PROTECTION
87	87	UNIT CHIEF. (a) The unit chief shall:
88	88	(1) be directly responsible to the commission for all
89	89	conduct of the border unit;
90	90	(2) act as the executive director of the unit;
91	91	(3) act with the commission in an advisory capacity,
92	92	without vote;
93	93	(4) adopt rules, subject to commission approval,
94	94	considered necessary for the control of the unit;
95	95	(5) issue commissions as law enforcement officers,
96	96	under the commission's direction, and to such members of the border
97	97	unit;
98	98	(6) create as necessary, with the advice and consent
99	99	of the commission, operational and administrative divisions within
100	100	the unit, and appoint heads of the divisions;
101	101	(7) the unit chief may employ licensed state or local
102	102	law enforcement personnel to participate in unit operations and
103	103	functions.
104	104	(8) the unit chief may employ law-abiding citizens
105	105	without a felony conviction to participate in unit operations and
106	106	functions, but such persons may not have arresting authority unless
107	107	trained and specifically authorized by the governor.
108	108	(9) quarterly, annually, and biennially submit to the
109	109	commission detailed reports of the operation of the unit, including
110	110	statements of its expenditures; and
111	111	(10) prepare, swear to, submit to the governor, and
112	112	file in the department's records a quarterly statement containing
113	113	an itemized list of all money received and its source and all money
114	114	spent and the purposes for which it was spent.
115	115	(b) The unit chief or unit chief's designee shall provide to
116	116	members of the commission and to unit employees, as often as
117	117	necessary, information regarding the requirements for office or
118	118	employment under this chapter, including information regarding a
119	119	person's responsibilities under applicable laws relating to
120	120	standards of conduct for state officers or employees.
121	121	(c) The powers and duties vested in the director under the
122	122	following Government Code Sections are also vested in the border
123	123	protection unit chief:
124	124	(1) Section 411.007;
125	125	(2) Section 411.0071;
126	126	(3) Section 411.0075;
127	127	(4) Section 411.0079;
128	128	(5) Section 411.009;
129	129	(6) Section 411.0095;
130	130	(7) Section 411.0097;
131	131	(8) Section 411.0097;
132	132	(9) Section 411.0098;
133	133	(10) Section 411.013;
134	134	(11) Section 411.0131;
135	135	(12) Section 411.0132;
136	136	(13) Section 411.0141;
137	137	(14) Section 411.015;
138	138	(15) Section 411.016;
139	139	(16) Section 411.0161;
140	140	(17) Section 411.0162;
141	141	(18) Section 411.0163;
142	142	(19) Section 411.0164;
143	143	(20) Section 411.017;
144	144	(21) Section 411.018;
145	145	(22) Section 411.0207;
146	146	(23) Section 411.0208;
147	147	(24) Section 411.0209;
148	148	(25) Section 411.02095;
149	149	(26) Section 411.041;
150	150	(27) Section 411.043;
151	151	(28) Section 411.044;
152	152	(29) Section 411.045;
153	153	(30) Section 411.048;
154	154	(31) Section 411.0603;
155	155	(32) Section 411.0604;
156	156	(33) Section 411.0865;
157	157	(34) Section 411.087;
158	158	(35) Section 411.0891;
159	159	(36) Section 411.146;
160	160	(37) Section 411.147;
161	161	(38) Section 411.1471;
162	162	(39) Section 411.151;
163	163	(40) Section 411.154;
164	164	(41) Section 411.242;
165	165	(42) Section 411.243;
166	166	(43) Section 411.251;
167	167	(44) Section 411.252;
168	168	(45) Section 411.253;
169	169	(46) Section 411.255;
170	170	(47) Section 411.263; and
171	171	(48) Section 411.506.
172	172	(d) The director may not exercise any operational or
173	173	administrative control of the border protection unit, or the unit
174	174	chief.
175	175	SECTION 2.04. Section 411.006, Government Code, is amended
176	176	by amending Subsection (a) to read as follows:
177	177	Sec. 411.006. DUTIES OF DIRECTOR. (a) The director shall:
178	178	(1) [be directly responsible to the commission for the
179	179	conduct of the department's affairs;]
180	180	[(2)] act as executive director for and be directly
181	181	responsible to the commission for all conduct of the Texas Highway
182	182	Patrol, the Texas Rangers, and other administrative divisions and
183	183	departments assigned by the commission [of the department];
184	184	[(3)] (2) act with the commission in an advisory
185	185	capacity, without vote;
186	186	[(4)] (3) adopt rules, subject to commission
187	187	approval, considered necessary for the control of the department;
188	188	[(5)] (4) issue commissions as law enforcement
189	189	officers, under the commission's direction, to all members of the
190	190	Texas Rangers and the Texas Highway Patrol and to other officers of
191	191	the department;
192	192	[(6)] (5) appoint, with the advice and consent of the
193	193	commission, the head of a division or bureau provided for by this
194	194	chapter;
195	195	[(7)] (6) quarterly, annually, and biennially submit
196	196	to the commission detailed reports of the operation of the
197	197	department, including statements of its expenditures; and
198	198	[(8)] (7) prepare, swear to, submit to the governor,
199	199	and file in the department's records a quarterly statement
200	200	containing an itemized list of all money received and its source and
201	201	all money spent and the purposes for which it was spent.
202	202	SECTION 2.05. Section 411.007, Government Code, is amended
203	203	by amending Subsection (a) to read as follows:
204	204	(a) Subject to the provisions of this chapter, the director
205	205	and the unit chief may appoint, promote, reduce, suspend, or
206	206	discharge any officer or employee of the department which has been
207	207	assigned under their authority by the commission.
208	208	SECTION 2.06. Section 411.017, Government Code, is amended
209	209	by amending Subsection (a) to read as follows:
210	210	(a) A person commits an offense if, without the director's
211	211	authorization, the person:
212	212	(1) manufactures, sells, or possesses a badge,
213	213	identification card, or other item bearing a department insignia or
214	214	an insignia deceptively similar to the department's;
215	215	(2) makes a copy or likeness of a badge,
216	216	identification card, or department insignia, with intent to use or
217	217	allow another to use the copy or likeness to produce an item bearing
218	218	the department insignia or an insignia deceptively similar to the
219	219	department's; or
220	220	(3) uses the term "Texas Department of Public Safety,"
221	221	"Department of Public Safety," "Texas Ranger," [or] "Texas Highway
222	222	Patrol," or "Border Protection Unit" in connection with an object,
223	223	with the intent to create the appearance that the object belongs to
224	224	or is being used by the department.
225	225	SECTION 2.07. Section 411.251, Government Code, is amended
226	226	by amending Subsection (a) and adding Subsection (c) to read as
227	227	follows:
228	228	(a) The commission shall establish the office of inspector
229	229	general for the department and the office of inspector general for
230	230	the unit.
231	231	(c) The Border Protection Unit inspector general shall be
232	232	appointed by the governor who shall perform the duties of this
233	233	subchapter or as may be provided by law and as the unit chief
234	234	designates. The inspector general shall serve until removed by the
235	235	governor. The Border Protection Unit inspector general is
236	236	responsible for:
237	237	(1) preparing and delivering assessments concerning
238	238	the administration of the unit to the governor, the legislature,
239	239	and the unit chief;
240	240	(2) perform responsibilities affecting the unit as set
241	241	forth in Subsection (c);
242	242	(3) acting to prevent and detect serious breaches of
243	243	departmental policy, fraud, and abuse of office, including any acts
244	244	of criminal conduct within the unit; and
245	245	(4) independently and objectively reviewing,
246	246	investigating, delegating, and overseeing the investigation of:
247	247	(A) conduct described in Subdivision (1);
248	248	(B) criminal activity occurring within the unit;
249	249	(C) allegations of wrongdoing by unit employees;
250	250	(D) crimes committed on unit property; and
251	251	(E) serious breaches of unit policy.
252	252	SECTION 2.08. Chapter 411, Government Code, is amended by
253	253	adding Subchapter S to read as follows:
254	254	SUBCHAPTER S. BORDER PROTECTION UNIT
255	255	Sec. 411.534. COMPOSITION. (a) The Border Protection Unit
256	256	("the unit") is a division under the commission consisting of the
257	257	number of officers authorized by the legislature and headquartered
258	258	in the border region. The highest ranking officer of the unit is
259	259	the border protection unit chief who shall be appointed by the
260	260	governor, and report directly to the governor. Officers are
261	261	entitled to compensation as provided by the legislature and will be
262	262	recruited and trained within the border region to the fullest
263	263	extent possible.
264	264	(b) the unit chief may employ law-abiding citizens without a
265	265	felony conviction to participate in unit operations and functions,
266	266	but such persons may not have arresting authority unless trained
267	267	and specifically authorized by the governor.
268	268	(c) The unit shall acquire equipment and facilities, and
269	269	conduct training necessary to fulfill the operational,
270	270	intelligence, communication, logistics, and administrative duties
271	271	set forth by the unit chief to include land, air, and maritime
272	272	responsibilities.
273	273	(d) The commission shall transfer existing personnel,
274	274	equipment, and facilities to the unit from within the Department of
275	275	Public Safety as necessary at the discretion of the commission
276	276	while maintaining accountability and adequate support for all
277	277	officers and activities within the commission's responsibility.
278	278	Sec. 411.535. AUTHORITY OF OFFICERS. (a) An officer of the
279	279	unit is governed by the law regulating and defining the powers and
280	280	duties of sheriffs performing similar duties, except that the
281	281	officer may make arrests and execute processes in a criminal case in
282	282	any county.
283	283	(b) Within the State of Texas, officers of the unit may, to
284	284	the extent consistent with the Constitution and federal law,
285	285	arrest, detain, and deter individuals crossing the border
286	286	illegally, including with the use of non-deadly force.
287	287	(c) Notwithstanding any other law, the unit chief, and all
288	288	officers and employees of the unit, as well as law-abiding citizens
289	289	employed, to participate in unit operations under Section
290	290	411.534(b), shall have immunity from criminal and civil liability
291	291	for any actions taken that are authorized by this subchapter.
292	292	Sec. 411.536. CONSTRUCTION AND MAINTENANCE OF PHYSICAL
293	293	BARRIERS. (a) The unit shall oversee the construction and
294	294	maintenance of walls, fences, and other physical barriers along the
295	295	border with Mexico in order to enhance the safety and security of
296	296	Texans.
297	297	(b) The unit chief, or his designee, is authorized to
298	298	negotiate and acquire the necessary right of way, leases,
299	299	permissions, materials, and services needed to erect, and maintain
300	300	physical barriers.
301	301	(c) The unit may use funds appropriated by the legislature,
302	302	other government funds, or donations from United States citizens
303	303	and domestic entities.
304	304	Sec. 411.537. ARTICLE I § 10 INVOCATION. (a) To the extent
305	305	consistent with the United States and Texas constitutions and
306	306	federal and state law, in the event that the legislature finds, or
307	307	the governor has declared, or declares, a state of invasion or
308	308	imminent danger under Article I § 10 of the U.S. Constitution, the
309	309	unit chief shall be authorized to order the unit to take the
310	310	following actions:
311	311	(1) deter and repel persons attempting to enter the
312	312	State of Texas illegally at locations outside a port of entry, to
313	313	the extent consistent with the United States and Texas
314	314	constitutions and federal immigration laws;
315	315	(2) within the State of Texas, return aliens to Mexico
316	316	who have been observed actually crossing the Mexican border
317	317	illegally, and were apprehended or detained in the immediate
318	318	vicinity of the border, to the extent consistent with the United
319	319	States and Texas constitutions and federal immigration laws;
320	320	(3) use force to repel, arrest, and detain known
321	321	transnational cartel operatives in the border region, to the extent
322	322	consistent with the United States and Texas constitutions and
323	323	federal immigration laws.
324	324	Sec. 411.538. QUALIFICATIONS. (a) To be commissioned as an
325	325	officer of the Border Protection Unit, a person must:
326	326	(1) be a U.S. citizen or legal permanent resident;
327	327	(2) be a graduate of a Texas police academy;
328	328	(3) have experience as a sworn law-enforcement officer
329	329	in another state or federal law-enforcement agency; or
330	330	(4) be appointed or employed per the criteria provided
331	331	in Section 411.534(b) of this Act.
332	332	(b) The border protection unit is an equal employment
333	333	opportunity employer, and it may not discriminate against or give
334	334	preferential treatment to any employee or job applicant on account
335	335	of the individual's race, color, sex, national origin, or religion.
336	336	Sec. 411.539. TERM OF AUTHORIZATION. The unit is
337	337	established upon passage of this act, subject to appropriations
338	338	from the legislature, and shall continue in operation until
339	339	December 31, 2030. The legislature shall reauthorize the unit
340	340	prior to its sunset date or the entity is considered to be
341	341	effectively abolished.
342	342	Sec. 411.540. RULEMAKING AUTHORITY. The unit chief of the
343	343	unit may promulgate such substantive or procedural rules as may be
344	344	required to carry out the general administration of the unit,
345	345	including, but not limited to: procurement of facilities, training
346	346	and equipment, and effectuation of personnel policies.
347	347	Sec. 411.541. OPERATIONAL PLAN TO COORDINATE BORDER
348	348	SECURITY. (a) The unit shall develop and recommend to the governor
349	349	and report to the legislature a strategic plan that establishes the
350	350	framework for the budgeting and operation of the unit, including
351	351	homeland security strategies, administered by assisting agencies.
352	352	The unit shall annually report to the governor and the legislature
353	353	on the implementation of the strategic plan.
354	354	(b) The unit shall include in the strategic plan goals,
355	355	objectives, and performance measures that involve collaboration
356	356	with other state agencies, and local entities.
357	357	(c) The unit shall create plans and conduct operations
358	358	consistent with the strategic plan.
359	359	(d) The operational plan under this section shall evaluate 8
360	360	U.S.C. § 1325(a) and other federal laws relating to the requirement
361	361	that border crossings occur only at designated ports of entry.
362	362	Sec. 411.542. SEVERABILITY. (a) Mindful of Leavitt v. Jane
363	363	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
364	364	severability of a state statute the Supreme Court of the United
365	365	States held that an explicit statement of legislative intent is
366	366	controlling, it is the intent of the legislature that every
367	367	provision, section, subsection, sentence, clause, phrase, or word
368	368	in this subchapter, and every application of the provisions in this
369	369	subchapter to every person, group of persons, or circumstances, are
370	370	severable from each other.
371	371	(b) If any application of any provision in this subchapter
372	372	to any person, group of persons, or circumstances is found by a
373	373	court to be invalid, preempted, or unconstitutional, for any reason
374	374	whatsoever, then the remaining applications of that provision to
375	375	all other persons and circumstances shall be severed and preserved,
376	376	and shall remain in effect. All constitutionally valid
377	377	applications of the provisions in this subchapter shall be severed
378	378	from any applications that a court finds to be invalid, preempted,
379	379	or unconstitutional, because it is the legislature's intent and
380	380	priority that every single valid application of every statutory
381	381	provision be allowed to stand alone.
382	382	(c) The legislature further declares that it would have
383	383	enacted this subchapter, and each provision, section, subsection,
384	384	sentence, clause, phrase, or word, and all constitutional
385	385	applications of the provisions of this subchapter, irrespective of
386	386	the fact that any provision, section, subsection, sentence, clause,
387	387	phrase, or word, or applications of this subchapter were to be
388	388	declared invalid, preempted, or unconstitutional.
389	389	(d) If any provision of this subchapter is found by any
390	390	court to be unconstitutionally vague, then the applications of that
391	391	provision that do not present constitutional vagueness problems
392	392	shall be severed and remain in force, consistent with the
393	393	severability requirements of Subsections (a), (b), and (c).
394	394	(e) No court may decline to enforce the severability
395	395	requirements of Subsections (a), (b), (c), and (d) on the ground
396	396	that severance would "rewrite" the statute or involve the court in
397	397	legislative or lawmaking activity. A court that declines to
398	398	enforce or enjoins a state official from enforcing a statutory
399	399	provision is never rewriting a statute or engaging in legislative
400	400	or lawmaking activity, as the statute continues to contain the same
401	401	words as before the court's decision. A judicial injunction or
402	402	declaration of unconstitutionality:
403	403	(1) is nothing more than an edict prohibiting
404	404	enforcement of the disputed statute against the named parties to
405	405	that lawsuit, which may subsequently be vacated by a later court if
406	406	that court has a different understanding of the requirements of the
407	407	Texas Constitution or the United States Constitution or federal
408	408	law;
409	409	(2) is not a formal amendment of the language in a
410	410	statute; and
411	411	(3) no more rewrites a statute than a decision by the
412	412	executive not to enforce a duly enacted statute in a limited and
413	413	defined set of circumstances.
414	414	(f) If any state or federal court disregards any of the
415	415	severability requirements in Subsections (a), (b), (c), (d), or
416	416	(e), and declares or finds any provision of this subchapter
417	417	facially invalid, preempted, or unconstitutional, when there are
418	418	discrete applications of that provision that can be enforced
419	419	against a person, group of persons, or circumstances without
420	420	violating federal law or the federal or state constitutions, then
421	421	that provision shall be interpreted, as a matter of state law, as if
422	422	the legislature had enacted a provision limited to the persons,
423	423	group of persons, or circumstances for which the provision's
424	424	application will not violate federal law or the federal or state
425	425	constitutions, and every court shall adopt this saving construction
426	426	of that provision until the court ruling that pronounced the
427	427	provision facially invalid, preempted, or unconstitutional is
428	428	vacated or overruled.
429	429	ARTICLE 3. TRESPASS
430	430	SECTION 3.01. Chapter 30, Penal Code, is amended by adding
431	431	Section 30.08 to read as follows:
432	432	Sec. 30.08. TRESPASS WHILE ENTERING THE STATE OF TEXAS. (a)
433	433	A person commits an offense if the person knowingly enters the
434	434	property of another without effective consent when knowingly
435	435	entering the state of Texas from a neighboring jurisdiction.
436	436	(b) An offense under this section is a third degree felony.
437	437	(c) A person who violates this section is subject to a civil
438	438	penalty of not less than $10,000 for each violation. The attorney
439	439	general may file an action to recover a civil penalty assessed under
440	440	this section and may recover attorney's fees and costs incurred in
441	441	bringing the action.
442	442	(d) The fact that conduct is subject to a civil or criminal
443	443	penalty under this section does not abolish or impair any remedy for
444	444	the conduct that is available in a civil suit.
445	445	SECTION 3.02. Section 17.44, Code of Criminal Procedure, is
446	446	amended to read as follows:
447	447	(a) A magistrate may require as a condition of release on
448	448	bond that the defendant submit to:
449	449	(1) home confinement and electronic monitoring under
450	450	the supervision of an agency designated by the magistrate; or
451	451	(2) testing on a weekly basis for the presence of a
452	452	controlled substance in the defendant's body.
453	453	(b) In this article, "controlled substance" has the meaning
454	454	assigned by Section 481.002, Health and Safety Code.
455	455	(c) A magistrate shall require as a condition of release on
456	456	bond for someone arrested for the offense of Penal Code 30.08
457	457	Trespass While Entering the State of Texas that the defendant
458	458	submit to electronic monitoring unless the magistrate makes a
459	459	finding that the defendant is not a flight risk.
460	460	[(c)] (d) The magistrate may revoke the bond and order the
461	461	defendant arrested if the defendant:
462	462	(1) violates a condition of home confinement and
463	463	electronic monitoring;
464	464	(2) refuses to submit to a test for controlled
465	465	substances or submits to a test for controlled substances and the
466	466	test indicates the presence of a controlled substance in the
467	467	defendant's body; or
468	468	(3) fails to pay the reimbursement fee for monitoring
469	469	or testing for controlled substances, if payment is ordered under
470	470	Subsection (e) as a condition of bond and the magistrate determines
471	471	that the defendant is not indigent and is financially able to make
472	472	the payments as ordered.
473	473	[(d)] (e) The community justice assistance division of the
474	474	Texas Department of Criminal Justice may provide grants to counties
475	475	to implement electronic monitoring programs authorized by this
476	476	article.
477	477	[(e)] (f) The cost of electronic monitoring or testing for
478	478	controlled substances under this article may be assessed as a
479	479	reimbursement fee or ordered paid directly by the defendant as a
480	480	condition of bond.
481	481	ARTICLE 4. PUBLIC HEALTH EMERGENCY
482	482	SECTION 4.01. Subtitle D, Title 2, Health and Safety Code,
483	483	is amended by adding Chapter 81B to read as follows:
484	484	CHAPTER 81B. SUSPENSION OF ENTRY OF PERSONS FROM DESIGNATED
485	485	PLACES TO PREVENT SPREAD OF COMMUNICABLE DISEASES
486	486	Sec. 81B.001. DEFINITIONS. In this chapter:
487	487	(1) "COVID-19" means the 2019 novel coronavirus
488	488	disease.
489	489	(2) "Federally declared public health emergency"
490	490	means:
491	491	(A) a public health emergency declared by the
492	492	United States Secretary of Health and Human Services under 42
493	493	U.S.C. Section 247d; or
494	494	(B) an emergency or disaster declared, including
495	495	under a renewal of the declaration, by the president of the United
496	496	States in relation to a public health emergency described by
497	497	Paragraph (A) under:
498	498	(i) the National Emergencies Act (50 U.S.C.
499	499	Section 1601 et seq.); or
500	500	(ii) the Robert T. Stafford Disaster Relief
501	501	and Emergency Assistant Act (42 U.S.C. Section 5121 et seq.).
502	502	(3) "Port of entry" means a port of entry in the United
503	503	States, as defined by part 101 of the customs regulations (19 CFR
504	504	part 101).
505	505	(4) "Person" means any individual other than:
506	506	(A) one described in the first sentence of
507	507	section 1 of the Fourteenth Amendment to the United States
508	508	Constitution; or
509	509	(B) one described in 8 U.S.C. § 1101(a)(20).
510	510	Sec. 81B.002. SUSPENSION OF ENTRY. (a) To the extent
511	511	consistent with the Constitution and federal immigration laws,
512	512	during any of the following, all persons entering Texas by land from
513	513	another country must pass through a legal port of entry for
514	514	appropriate medical review:
515	515	(1) the pendency of any federally declared public
516	516	health emergency for COVID-19,
517	517	(2) at any time which the federal government has in
518	518	place any vaccination requirements for any person lawfully residing
519	519	in the United States, including but not limited to government
520	520	contractors or healthcare workers, for the purposes of preventing
521	521	the spread of COVID-19 in the United States, or
522	522	(3) at any time which the U.S. Department of State has
523	523	travel warnings for COVID-19 for any country from which citizens
524	524	have illegally entered the United States during the most recent
525	525	year for which there is available data.
526	526	(b) Any person who enters the State of Texas from a foreign
527	527	country other than in accordance with Subsection (a), shall, to the
528	528	extent consistent with the Constitution and federal immigration
529	529	laws, be removed to the country from which they entered the United
530	530	States, or their country of origin, or another location as
531	531	practicable, as rapidly as possible, with as little time spent in
532	532	congregate settings as practicable under the circumstances.
533	533	Sec. 81B.003. SEVERABILITY. (a) Mindful of Leavitt v. Jane
534	534	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
535	535	severability of a state statute the Supreme Court of the United
536	536	States held that an explicit statement of legislative intent is
537	537	controlling, it is the intent of the legislature that every
538	538	provision, section, subsection, sentence, clause, phrase, or word
539	539	in this chapter, and every application of the provisions in this
540	540	chapter to every person, group of persons, or circumstances, are
541	541	severable from each other.
542	542	(b) If any application of any provision in this chapter to
543	543	any person, group of persons, or circumstances is found by a court
544	544	to be invalid, preempted, or unconstitutional, for any reason
545	545	whatsoever, then the remaining applications of that provision to
546	546	all other persons and circumstances shall be severed and preserved,
547	547	and shall remain in effect. All constitutionally valid
548	548	applications of the provisions in this chapter shall be severed
549	549	from any applications that a court finds to be invalid, preempted,
550	550	or unconstitutional, because it is the legislature's intent and
551	551	priority that every single valid application of every statutory
552	552	provision be allowed to stand alone.
553	553	(c) The legislature further declares that it would have
554	554	enacted this chapter, and each provision, section, subsection,
555	555	sentence, clause, phrase, or word, and all constitutional
556	556	applications of the provisions of this chapter, irrespective of the
557	557	fact that any provision, section, subsection, sentence, clause,
558	558	phrase, or word, or applications of this chapter were to be declared
559	559	invalid, preempted, or unconstitutional.
560	560	(d) If any provision of this chapter is found by any court to
561	561	be unconstitutionally vague, then the applications of that
562	562	provision that do not present constitutional vagueness problems
563	563	shall be severed and remain in force, consistent with the
564	564	severability requirements of Subsections (a), (b), and (c).
565	565	(e) No court may decline to enforce the severability
566	566	requirements of Subsections (a), (b), (c), and (d) on the ground
567	567	that severance would "rewrite" the statute or involve the court in
568	568	legislative or lawmaking activity. A court that declines to
569	569	enforce or enjoins a state official from enforcing a statutory
570	570	provision is never rewriting a statute or engaging in legislative
571	571	or lawmaking activity, as the statute continues to contain the same
572	572	words as before the court's decision. A judicial injunction or
573	573	declaration of unconstitutionality:
574	574	(1) is nothing more than an edict prohibiting
575	575	enforcement of the disputed statute against the named parties to
576	576	that lawsuit, which may subsequently be vacated by a later court if
577	577	that court has a different understanding of the requirements of the
578	578	Texas Constitution or the United States Constitution or federal
579	579	law;
580	580	(2) is not a formal amendment of the language in a
581	581	statute; and
582	582	(3) no more rewrites a statute than a decision by the
583	583	executive not to enforce a duly enacted statute in a limited and
584	584	defined set of circumstances.
585	585	(f) If any state or federal court disregards any of the
586	586	severability requirements in Subsections (a), (b), (c), (d), or
587	587	(e), and declares or finds any provision of this chapter facially
588	588	invalid, preempted, or unconstitutional, when there are discrete
589	589	applications of that provision that can be enforced against a
590	590	person, group of persons, or circumstances without violating
591	591	federal law or the federal or state constitutions, then that
592	592	provision shall be interpreted, as a matter of state law, as if the
593	593	legislature had enacted a provision limited to the persons, group
594	594	of persons, or circumstances for which the provision's application
595	595	will not violate federal law or the federal or state constitutions,
596	596	and every court shall adopt this saving construction of that
597	597	provision until the court ruling that pronounced the provision
598	598	facially invalid, preempted, or unconstitutional is vacated or
599	599	overruled.
600	600	ARTICLE 5. LEGISLATIVE OVERSIGHT
601	601	SECTION 5.01. Subtitle C, Title 3, Government Code, is
602	602	amended by adding Chapter 331 to read as follows:
603	603	CHAPTER 331. LEGISLATIVE BORDER SAFETY OVERSIGHT COMMITTEE
604	604	Sec. 331.001. DEFINITION. In this section, "committee"
605	605	means the legislative border safety oversight committee
606	606	established under this chapter.
607	607	Sec. 331.002. ESTABLISHMENT; COMPOSITION. (a) The
608	608	legislative border safety oversight committee is established to:
609	609	(1) provide objective research, analysis, and
610	610	recommendations to help guide state border safety policies;
611	611	(2) provide oversight for the border protection unit
612	612	established under Chapter C-1, Chapter 411; and
613	613	(3) perform other duties required by law.
614	614	(b) The committee consists of the following members:
615	615	(1) the lieutenant governor;
616	616	(2) the speaker of the house of representatives;
617	617	(3) four members of the senate appointed by the
618	618	lieutenant governor; and
619	619	(4) four members of the house appointed by the
620	620	speaker.
621	621	(c) The lieutenant governor and the speaker of the house of
622	622	representatives are joint chairs of the committee.
623	623	(d) A majority of the members of the committee from each
624	624	house of the legislature constitutes a quorum to transact business.
625	625	If a quorum is present, the committee may act on any matter within
626	626	the committee's jurisdiction by a majority vote.
627	627	(e) The committee shall meet as often as necessary to
628	628	perform the committee's duties. Meetings may be held at any time at
629	629	the request of either chair or on written petition of a majority of
630	630	the committee members from each house of the legislature.
631	631	(f) The committee shall meet in Austin, except that if a
632	632	majority of the committee members from each house of the
633	633	legislature agree, the committee may meet in any location
634	634	determined by the committee.
635	635	(g) As an exception to Chapter 551, Government Code, and
636	636	other law, for a meeting in Austin at which both joint chairs of the
637	637	committee are physically present, any number of the other committee
638	638	members may attend the meeting by use of telephone conference call,
639	639	video conference call, or other similar telecommunication device.
640	640	This subsection applies for purposes of establishing a quorum or
641	641	voting or any other purpose allowing the members to fully
642	642	participate in any committee meeting. This subsection applies
643	643	without regard to the subject or topics considered by the members at
644	644	the meeting.
645	645	(h) A committee meeting held by use of telephone conference
646	646	call, video conference call, or other similar telecommunication
647	647	device:
648	648	(1) is subject to the notice requirements applicable
649	649	to other meetings;
650	650	(2) must specify in the notice of the meeting the
651	651	location in Austin at which the joint chairs will be physically
652	652	present;
653	653	(3) must be open to the public and audible to the
654	654	public at the location specified in the notice under Subdivision
655	655	(2); and
656	656	(4) must provide two-way audio communication between
657	657	all committee members attending the meeting during the entire
658	658	meeting, and if the two-way audio communication link with any
659	659	member attending the meeting is disrupted at any time, the meeting
660	660	may not continue until the two-way audio communication link is
661	661	reestablished.
662	662	Sec. 331.003. POWERS AND DUTIES. (a) The committee shall:
663	663	(1) use statistical analyses and other research
664	664	methods to conduct an in-depth examination of border safety
665	665	initiatives and programs in this state that includes:
666	666	(A) an assessment of the cost-effectiveness of
667	667	the use of state and local funds in ensuring border safety;
668	668	(B) an identification of critical border safety
669	669	problems; and
670	670	(C) a determination of the state's long-range
671	671	border safety needs;
672	672	(2) recommend to the legislature:
673	673	(A) strategies to solve the problems identified
674	674	under Subdivision (1)(B); and
675	675	(B) policy priorities to address the long-range
676	676	needs determined under Subdivision (1)(C); and
677	677	(3) advise and assist the legislature in developing
678	678	plans, programs, and proposed legislation to improve the
679	679	effectiveness of border safety initiatives and programs.
680	680	(b) The committee has all other powers and duties provided
681	681	to a special committee by:
682	682	(1) Subchapter B, Chapter 301;
683	683	(2) the rules of the senate and the house of
684	684	representatives; and
685	685	(3) policies of the senate and house committees on
686	686	administration.
687	687	Sec. 331.004. STAFF; AUTHORITY TO CONTRACT. The committee
688	688	may hire staff or may contract with universities or other suitable
689	689	entities to assist the committee in carrying out the committee's
690	690	duties. Funding to support the operation of the committee shall be
691	691	provided from funds appropriated to the Texas Legislative Council.
692	692	Sec. 328.005. REPORT. Not later than January 1 of each
693	693	odd-numbered year, the committee shall submit to the legislature a
694	694	report that contains the recommendations described by Section
695	695	331.003(a)(2).
696	696	ARTICLE 6. SEVERABILITY; EFFECTIVE DATE
697	697	SECTION 6.01. If any provision of this Act or its
698	698	application to any person or circumstance is held invalid, the
699	699	invalidity does not affect other provisions or applications of this
700	700	Act that can be given effect without the invalid provision or
701	701	application, and to this end the provisions of this Act are declared
702	702	to be severable.
703	703	SECTION 6.02. This Act takes effect immediately if it
704	704	receives a vote of two-thirds of all the members elected to each
705	705	house, as provided by Section 39, Article III, Texas Constitution.
706	706	If this Act does not receive the vote necessary for immediate
707	707	effect, this Act takes effect September 1, 2023.