Texas House Bill HB61

Texas 2023 - 88th 3rd C.S.

• Filed: 10/6/23

Caption

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

Impact

If enacted, HB61 would significantly modify existing state laws related to immigration and border safety. Notably, it elevates the penalties associated with various offenses linked to border crimes and includes new criminal classifications aimed at impeding the operations of criminal organizations. The bill also establishes a compensation program for landowners who suffer property damage due to border-related criminal activities, thus recognizing the impact of transnational crime on local communities. By strengthening infrastructure and increasing funding for related programs, the bill could lead to improved operational capacities for law enforcement agencies managing border security.

Summary

House Bill 61 aims to enhance public safety in Texas by addressing security threats related to transnational criminal activity. The legislation proposes the establishment of the Texas Border Force, which will be empowered to engage in various law enforcement operations to prevent illegal immigration and the smuggling of individuals and controlled substances. The bill specifies a range of operational activities and emphasizes the use of advanced technologies for surveillance and detection, thereby aligning with modern law enforcement practices. Additionally, the bill sets forth provisions for the construction of facilities and infrastructure aimed at strengthening border security efforts.

Sentiment

The sentiment surrounding HB61 appears to be mixed, reflecting polarized opinions on how best to address the challenges of border security. Proponents argue that enhanced measures are essential to protect Texas communities from the threats posed by transnational criminal activities. They view the establishment of the Texas Border Force as a necessary step to improve security and respond effectively to current public safety concerns. Conversely, opponents may raise issues regarding the implications for civil rights and the additional financial burdens placed on law enforcement. They caution that intensified enforcement measures could exacerbate existing tensions surrounding immigration and community relations.

Contention

A key point of contention within the bill revolves around the balance between security measures and the safeguarding of individual rights. While the bill aims to bolster law enforcement capabilities, critics argue that heightened policing could infringe upon civil liberties and lead to over-policing efforts, particularly of vulnerable populations. Additionally, concerns may arise regarding the allocation of state resources and whether such measures will yield significant improvements in public safety or simply perpetuate a cycle of enforcement without addressing underlying socio-economic issues.

Texas Constitutional Statutes Affected

Government Code

• Chapter 421. Homeland Security
  • Section: New Section

• Chapter 772. Governmental Planning
  • Section: 011

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: 0043
  • Section: New Section

Code Of Criminal Procedure

• Chapter 67. Compilation Of Information Pertaining To Combinations And Criminal Street Gangs
  • Section: New Section
  • Section: 051
  • Section: 054

Penal Code

• Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
  • Section: 05

• Chapter 38. Obstructing Governmental Operation
  • Section: New Section

Civil Practice And Remedies Code

• Chapter 125. Common And Public Nuisances
  • Section: New Section