Texas 2023 - 88th 3rd C.S.

Texas House Bill HB75 Compare Versions

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Version 2 (New)

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1	1	By: Schaefer H.B. No. 75
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 border
7	7	region of this state, including protection from ongoing criminal
8	8	activity, and public health threats and the establishment of the
9	9	Border Protection Unit; creating a criminal offense; creating a
10	10	civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. BORDER PROTECTION UNIT
13	13	SECTION 1.01. Article 2.12, Code of Criminal Procedure, is
14	14	amended to read as follows:
15	15	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
16	16	officers:
17	17	(1) sheriffs, their deputies, and those reserve
18	18	deputies who hold a permanent peace officer license issued under
19	19	Chapter 1701, Occupations Code;
20	20	(2) constables, deputy constables, and those reserve
21	21	deputy constables who hold a permanent peace officer license issued
22	22	under Chapter 1701, Occupations Code;
23	23	(3) marshals or police officers of an incorporated
24	24	city, town, or village, and those reserve municipal police officers
25	25	who hold a permanent peace officer license issued under Chapter
26	26	1701, Occupations Code;
27	27	(4) rangers, officers, and members of the reserve
28	28	officer corps commissioned by:
29	29	(A) the Public Safety Commission; and
30	30	(B) either:
31	31	(i) the Director of the Department of
32	32	Public Safety; or
33	33	(ii) the unit chief of the Border
34	34	Protection Unit;
35	35	(5) investigators of the district attorneys', criminal
36	36	district attorneys', and county attorneys' offices;
37	37	(6) law enforcement agents of the Texas Alcoholic
38	38	Beverage Commission;
39	39	(7) each member of an arson investigating unit
40	40	commissioned by a city, a county, or the state;
41	41	(8) officers commissioned under Section 37.081,
42	42	Education Code, or Subchapter E, Chapter 51, Education Code;
43	43	(9) officers commissioned by the General Services
44	44	Commission;
45	45	(10) law enforcement officers commissioned by the
46	46	Parks and Wildlife Commission;
47	47	(11) officers commissioned under Chapter 23,
48	48	Transportation Code;
49	49	(12) municipal park and recreational patrolmen and
50	50	security officers;
51	51	(13) security officers and investigators commissioned
52	52	as peace officers by the comptroller;
53	53	(14) officers commissioned by a water control and
54	54	improvement district under Section 49.216, Water Code;
55	55	(15) officers commissioned by a board of trustees
56	56	under Chapter 54, Transportation Code;
57	57	(16) investigators commissioned by the Texas Medical
58	58	Board;
59	59	(17) officers commissioned by:
60	60	(A) the board of managers of the Dallas County
61	61	Hospital District, the Tarrant County Hospital District, the Bexar
62	62	County Hospital District, or the El Paso County Hospital District
63	63	under Section 281.057, Health and Safety Code;
64	64	(B) the board of directors of the Ector County
65	65	Hospital District under Section 1024.117, Special District Local
66	66	Laws Code;
67	67	(C) the board of directors of the Midland County
68	68	Hospital District of Midland County, Texas, under Section 1061.121,
69	69	Special District Local Laws Code; and
70	70	(D) the board of hospital managers of the Lubbock
71	71	County Hospital District of Lubbock County, Texas, under Section
72	72	1053.113, Special District Local Laws Code;
73	73	(18) county park rangers commissioned under
74	74	Subchapter E, Chapter 351, Local Government Code;
75	75	(19) investigators employed by the Texas Racing
76	76	Commission;
77	77	(20) officers commissioned under Chapter 554,
78	78	Occupations Code;
79	79	(21) officers commissioned by the governing body of a
80	80	metropolitan rapid transit authority under Section 451.108,
81	81	Transportation Code, or by a regional transportation authority
82	82	under Section 452.110, Transportation Code;
83	83	(22) investigators commissioned by the attorney
84	84	general under Section 402.009, Government Code;
85	85	(23) security officers and investigators commissioned
86	86	as peace officers under Chapter 466, Government Code;
87	87	(24) officers appointed by an appellate court under
88	88	Subchapter F, Chapter 53, Government Code;
89	89	(25) officers commissioned by the state fire marshal
90	90	under Chapter 417, Government Code;
91	91	(26) an investigator commissioned by the commissioner
92	92	of insurance under Section 701.104, Insurance Code;
93	93	(27) apprehension specialists and inspectors general
94	94	commissioned by the Texas Juvenile Justice Department as officers
95	95	under Sections 242.102 and 243.052, Human Resources Code;
96	96	(28) officers appointed by the inspector general of
97	97	the Texas Department of Criminal Justice under Section 493.019,
98	98	Government Code;
99	99	(29) investigators commissioned by the Texas
100	100	Commission on Law Enforcement under Section 1701.160, Occupations
101	101	Code;
102	102	(30) commission investigators commissioned by the
103	103	Texas Private Security Board under Section 1702.061, Occupations
104	104	Code;
105	105	(31) the fire marshal and any officers, inspectors, or
106	106	investigators commissioned by an emergency services district under
107	107	Chapter 775, Health and Safety Code;
108	108	(32) officers commissioned by the State Board of
109	109	Dental Examiners under Section 254.013, Occupations Code, subject
110	110	to the limitations imposed by that section;
111	111	(33) investigators commissioned by the Texas Juvenile
112	112	Justice Department as officers under Section 221.011, Human
113	113	Resources Code; and
114	114	(34) the fire marshal and any related officers,
115	115	inspectors, or investigators commissioned by a county under
116	116	Subchapter B, Chapter 352, Local Government Code.
117	117	SECTION 1.02. Section 411.002(a), Government Code, is
118	118	amended to read as follows:
119	119	(a) The Department of Public Safety of the State of Texas is
120	120	an agency of the state to enforce the laws protecting the public
121	121	safety, [and] provide for the prevention and detection of crime,
122	122	and defend and secure the state's air, maritime, and land borders.
123	123	The department is composed of the Texas Rangers, the Texas Highway
124	124	Patrol, the Border Protection Unit, the administrative division,
125	125	and other divisions that the commission considers necessary.
126	126	SECTION 1.03. Section 411.004, Government Code, is amended
127	127	to read as follows:
128	128	Sec. 411.004. DUTIES AND POWERS OF COMMISSION. The
129	129	commission shall:
130	130	(1) formulate plans and policies for:
131	131	(A) enforcement of state criminal, traffic, and
132	132	safety laws;
133	133	(B) prevention of crime;
134	134	(C) detection and apprehension of persons who
135	135	violate laws; [and]
136	136	(D) education of citizens of this state in the
137	137	promotion of public safety and the observance of law; and
138	138	(E) defense and security of this state's air,
139	139	maritime, and land borders;
140	140	(2) organize the department and supervise its
141	141	operation;
142	142	(3) adopt rules considered necessary for carrying out
143	143	the department's work;
144	144	(4) maintain records of all proceedings and official
145	145	orders; and
146	146	(5) biennially submit a report of its work to the
147	147	governor and legislature, including the commission's and director's
148	148	recommendations.
149	149	SECTION 1.04. Section 411.006(a), Government Code, is
150	150	amended to read as follows:
151	151	(a) Subject to Section 411.555, the [The] director shall:
152	152	(1) be directly responsible to the commission for the
153	153	conduct of and act as executive director of the Texas Highway
154	154	Patrol, the Texas Rangers, and other administrative divisions and
155	155	departments assigned by the commission, other than the Border
156	156	Protection Unit [the department's affairs];
157	157	(2) [act as executive director of the department;
158	158	[(3)] act with the commission in an advisory capacity,
159	159	without vote;
160	160	(3) [(4)] adopt rules, subject to commission
161	161	approval, considered necessary for the control of the department;
162	162	(4) [(5)] issue commissions as law enforcement
163	163	officers, under the commission's direction, to all members of the
164	164	Texas Rangers and the Texas Highway Patrol and to other officers of
165	165	the department;
166	166	(5) [(6)] appoint, with the advice and consent of the
167	167	commission, the head of a division or bureau provided for by this
168	168	chapter;
169	169	(6) [(7)] quarterly, annually, and biennially submit
170	170	to the commission detailed reports of the operation of the
171	171	department, including statements of its expenditures; and
172	172	(7) [(8)] prepare, swear to, submit to the governor,
173	173	and file in the department's records a quarterly statement
174	174	containing an itemized list of all money received and its source and
175	175	all money spent and the purposes for which it was spent.
176	176	SECTION 1.05. Section 411.007(a), Government Code, is
177	177	amended to read as follows:
178	178	(a) Subject to the provisions of this chapter, the director
179	179	may appoint, promote, reduce, suspend, or discharge any officer or
180	180	employee of the department, other than an officer or employee of the
181	181	Border Protection Unit.
182	182	SECTION 1.06. Section 411.017(a), Government Code, is
183	183	amended to read as follows:
184	184	(a) A person commits an offense if, without the director's
185	185	authorization, the person:
186	186	(1) manufactures, sells, or possesses a badge,
187	187	identification card, or other item bearing a department insignia or
188	188	an insignia deceptively similar to the department's;
189	189	(2) makes a copy or likeness of a badge,
190	190	identification card, or department insignia, with intent to use or
191	191	allow another to use the copy or likeness to produce an item bearing
192	192	the department insignia or an insignia deceptively similar to the
193	193	department's; or
194	194	(3) uses the term "Texas Department of Public Safety,"
195	195	"Department of Public Safety," "Texas Ranger," [or] "Texas Highway
196	196	Patrol," or "Border Protection Unit" in connection with an object,
197	197	with the intent to create the appearance that the object belongs to
198	198	or is being used by the department.
199	199	SECTION 1.07. Chapter 411, Government Code, is amended by
200	200	adding Subchapter S to read as follows:
201	201	SUBCHAPTER S. BORDER PROTECTION UNIT
202	202	Sec. 411.551. DEFINITIONS. In this subchapter:
203	203	(1) "Unit" means the Border Protection Unit.
204	204	(2) "Unit chief" means the person appointed under
205	205	Section 411.554 as the unit chief.
206	206	Sec. 411.552. BORDER PROTECTION UNIT; TERM OF
207	207	AUTHORIZATION. (a) The unit is a division under the commission
208	208	consisting of the number of commissioned and noncommissioned
209	209	officers and other employees authorized by the legislature.
210	210	(b) The unit is subject to appropriations by the legislature
211	211	and, unless continued in existence by the legislature, is abolished
212	212	December 31, 2030.
213	213	(c) This subchapter expires December 31, 2030.
214	214	Sec. 411.553. HEADQUARTERS. The unit must be headquartered
215	215	in the border region.
216	216	Sec. 411.554. UNIT CHIEF. (a) The governor shall appoint a
217	217	United States citizen to serve as the unit chief of the Border
218	218	Protection Unit. The unit chief serves until removed by the
219	219	governor.
220	220	(b) The unit chief may appoint, with the advice and consent
221	221	of the commission, deputy unit chiefs and assistant unit chiefs who
222	222	shall perform the duties that the unit chief designates. Deputy
223	223	unit chiefs and assistant unit chiefs serve until removed by the
224	224	unit chief.
225	225	(c) The unit chief, deputy unit chiefs, and assistant unit
226	226	chiefs are entitled to annual salaries as provided by the
227	227	legislature.
228	228	Sec. 411.555. GENERAL POWERS AND DUTIES OF UNIT AND UNIT
229	229	CHIEF. (a) The unit chief shall:
230	230	(1) be directly responsible to the commission for all
231	231	conduct of the unit, but may be removed only by the governor under
232	232	Section 411.554;
233	233	(2) act as the executive director of the unit;
234	234	(3) act with the commission in an advisory capacity,
235	235	without vote;
236	236	(4) adopt rules, subject to commission approval,
237	237	considered necessary for the control and general administration of
238	238	the unit, including rules governing the procurement of facilities
239	239	and equipment for the unit and the training and working conditions
240	240	for unit personnel;
241	241	(5) issue commissions as law enforcement officers,
242	242	under the commission's direction, to members of the unit;
243	243	(6) create as necessary, with the advice and consent
244	244	of the commission, operational or administrative divisions within
245	245	the unit and appoint heads of those divisions;
246	246	(7) employ as necessary commissioned and
247	247	noncommissioned officers and other employees to perform unit
248	248	operations and functions;
249	249	(8) quarterly, annually, and biennially submit to the
250	250	commission detailed reports of the operation of the unit, including
251	251	statements of its expenditures; and
252	252	(9) prepare, swear to, submit to the governor, and
253	253	file in the unit's records a quarterly statement containing an
254	254	itemized list of all money received and its source and all money
255	255	spent and the purposes for which it was spent.
256	256	(b) The unit chief or unit chief's designee shall provide to
257	257	members of the commission and to employees of the unit, as often as
258	258	necessary, information regarding the requirements for office or
259	259	employment under this chapter, including information regarding a
260	260	person's responsibilities under applicable law relating to
261	261	standards of conduct for state officers or employees.
262	262	(c) Subject to Subsection (d), the following provisions
263	263	apply to the unit chief with respect to the unit in the same manner
264	264	as the provisions apply to the director with respect to the
265	265	department or, as applicable, apply to the unit when acting at the
266	266	direction of the unit chief in the same manner as the provisions
267	267	apply to the department when acting at the direction of the
268	268	director:
269	269	(1) Section 411.007;
270	270	(2) Section 411.0071;
271	271	(3) Section 411.0075;
272	272	(4) Section 411.0079;
273	273	(5) Section 411.009;
274	274	(6) Section 411.0095;
275	275	(7) Section 411.0097, as added by Section 3, Chapter
276	276	556 (H.B. 1239), Acts of the 79th Legislature, Regular Session,
277	277	2005;
278	278	(8) Section 411.0097, as added by Section 1, Chapter
279	279	693 (S.B. 293), Acts of the 79th Legislature, Regular Session,
280	280	2005;
281	281	(9) Section 411.0098;
282	282	(10) Section 411.013(b);
283	283	(11) Section 411.0131;
284	284	(12) Section 411.0132;
285	285	(13) Section 411.0141(e);
286	286	(14) Section 411.015;
287	287	(15) Section 411.016;
288	288	(16) Section 411.0161;
289	289	(17) Section 411.0162;
290	290	(18) Section 411.0163;
291	291	(19) Section 411.0164;
292	292	(20) Section 411.017;
293	293	(21) Section 411.018;
294	294	(22) Sections 411.0207(c)(1)-(5);
295	295	(23) Sections 411.0208(d) and (e);
296	296	(24) Section 411.0209;
297	297	(25) Section 411.02095;
298	298	(26) Section 411.0865;
299	299	(27) Section 411.087(e);
300	300	(28) Section 411.0891; and
301	301	(29) Section 411.154.
302	302	(d) The director may not exercise any operational or
303	303	administrative control over the unit chief or the unit. The unit
304	304	chief may not exercise any operational or administrative control
305	305	over the director or the department, other than the unit.
306	306	(e) The unit is a criminal justice agency for purposes of
307	307	this chapter.
308	308	(f) The unit:
309	309	(1) may collect, preserve, ship, and analyze a DNA
310	310	sample for the DNA database subject to the rules adopted under
311	311	Section 411.146(c)(1); and
312	312	(2) is entitled to access or use a DNA sample or record
313	313	subject to the rules adopted under Section 411.147(b).
314	314	(g) The unit is a law enforcement agency for purposes of
315	315	Section 411.1471(b).
316	316	(h) The unit may assist local law enforcement with the
317	317	investigation of crime.
318	318	Sec. 411.556. OFFICE OF AUDIT AND REVIEW FOR UNIT. The
319	319	governor shall establish the office of audit and review within the
320	320	unit and appoint the director of the office to perform the duties
321	321	under Subchapter I with respect to the unit. The director of the
322	322	office of audit and review of the unit shall serve until removed by
323	323	the governor.
324	324	Sec. 411.557. INSPECTOR GENERAL FOR UNIT. (a) The governor
325	325	shall establish the office of the inspector general within the unit
326	326	and appoint the inspector general of the unit who shall perform with
327	327	respect to the unit the duties of Subchapter I-1 or as may be
328	328	provided by other law. The inspector general of the unit shall
329	329	serve until removed by the governor.
330	330	(b) The inspector general of the unit is responsible for:
331	331	(1) preparing and delivering assessments concerning
332	332	the administration of the unit to the governor, the legislature,
333	333	and the unit chief;
334	334	(2) acting to prevent and detect serious breaches of
335	335	unit policy, fraud, and abuse of office, including any acts of
336	336	criminal conduct within the unit; and
337	337	(3) independently and objectively reviewing,
338	338	investigating, delegating, and overseeing the investigation of:
339	339	(A) conduct described by Subdivision (2);
340	340	(B) criminal activity occurring within the unit;
341	341	(C) allegations of wrongdoing by unit employees;
342	342	(D) crimes committed on unit property; and
343	343	(E) serious breaches of unit policy.
344	344	Sec. 411.558. OFFICERS; OTHER EMPLOYEES. (a) The unit
345	345	chief may employ commissioned or noncommissioned officers meeting
346	346	the qualifications described by Section 411.561 to perform the
347	347	duties of the unit. Those officers are entitled to compensation as
348	348	provided by the legislature and must be recruited and trained
349	349	within the border region to the extent practicable.
350	350	(b) The unit chief may employ individuals who are not
351	351	officers as necessary to carry out the duties of the unit.
352	352	(c) Subject to the provisions of this chapter, the unit
353	353	chief may appoint, promote, reduce, suspend, or discharge any
354	354	officer or employee of the unit.
355	355	Sec. 411.559. AUTHORITY OF OFFICERS. (a) A commissioned
356	356	officer of the unit is governed by the law regulating and defining
357	357	the powers and duties of sheriffs performing similar duties, except
358	358	that the officer may make arrests and execute processes in a
359	359	criminal case in any county.
360	360	(b) Subject to Subsection (c), a commissioned or
361	361	noncommissioned officer of the unit may, to the extent consistent
362	362	with the United States and Texas Constitutions, arrest, apprehend,
363	363	or detain persons crossing the Texas-Mexico border unlawfully, and
364	364	deter persons attempting to cross the border unlawfully, including
365	365	with the use of non-deadly crowd control measures.
366	366	(c) A noncommissioned officer may not exercise the
367	367	authority provided by Subsection (b) unless specifically
368	368	authorized by the commission and the governor and unless the
369	369	officer has been provided training approved by the commission and
370	370	the governor. A noncommissioned officer may exercise the arrest
371	371	authority provided by Subsection (b) only if the authority is
372	372	exercised in a county:
373	373	(1) contiguous with the Texas-Mexico border; or
374	374	(2) adjoining a county described by Subdivision (1).
375	375	(d) The commission shall develop or recognize a training
376	376	program required by Subsection (c).
377	377	Sec. 411.560. DEFENSES TO CIVIL AND CRIMINAL LIABILITY.
378	378	Notwithstanding any other law, any defense or affirmative defense
379	379	that applies to a peace officer in a civil or criminal action
380	380	applies to the unit chief and the officers and other employees of
381	381	the unit in a civil or criminal action brought against the unit
382	382	chief or an officer or other employee of the unit arising from
383	383	conduct engaged in while discharging the duties of the unit.
384	384	Sec. 411.561. QUALIFICATIONS AND STANDARDS. (a) To be a
385	385	commissioned officer of the unit, a person must hold a peace officer
386	386	license issued under Chapter 1701, Occupations Code, and meet any
387	387	other qualifications set by the commission.
388	388	(b) To be a noncommissioned officer of the unit, a person
389	389	must be a United States citizen and meet any other qualifications
390	390	set by the commission.
391	391	(c) A noncommissioned officer shall operate under the
392	392	accountability requirements and standards of professional conduct
393	393	set forth by the commission.
394	394	(d) The unit is an equal employment opportunity employer and
395	395	may not discriminate against or give preferential treatment to any
396	396	employee or job applicant on account of the individual's race,
397	397	color, sex, national origin, or religion.
398	398	Sec. 411.562. FACILITIES AND EQUIPMENT; TRAINING; TRANSFER
399	399	FROM DEPARTMENT. (a) The unit shall acquire equipment and
400	400	facilities and conduct training necessary to fulfill the
401	401	operational, intelligence, communication, logistics, and
402	402	administrative duties provided by this chapter and the unit chief.
403	403	(b) The commission shall transfer existing personnel,
404	404	equipment, and facilities to the unit from within the department as
405	405	determined necessary by the commission or the governor, in the
406	406	commission's or governor's discretion, while maintaining
407	407	accountability and adequate support for all officers and activities
408	408	within the commission's responsibility.
409	409	Sec. 411.563. CONSTRUCTION AND MAINTENANCE OF PHYSICAL
410	410	BARRIERS. (a) The unit shall oversee the construction and
411	411	maintenance of walls, fences, and other physical barriers along the
412	412	Texas-Mexico border in order to enhance the safety and security of
413	413	citizens of this state.
414	414	(b) The unit chief, or the unit chief's designee, is
415	415	authorized to negotiate and acquire the necessary rights-of-way,
416	416	leases, permissions, materials, and services needed to erect and
417	417	maintain physical barriers.
418	418	(c) The unit may use funds appropriated by the legislature,
419	419	other government funds, or donations from United States citizens
420	420	and domestic entities.
421	421	(d) The commission may delegate authority granted under
422	422	this section to another state agency.
423	423	Sec. 411.564. OPERATIONAL PLAN TO COORDINATE BORDER
424	424	SECURITY. (a) The unit shall develop and recommend to the governor
425	425	and report to the legislature a strategic plan that establishes the
426	426	framework for the budget and operations of the unit, including
427	427	homeland security strategies and the assistance of other state and
428	428	local entities. The unit shall annually report to the governor and
429	429	the legislature on the implementation of the strategic plan.
430	430	(b) The unit shall include in the strategic plan goals,
431	431	objectives, and performance measures that involve collaboration
432	432	with other state agencies and local entities.
433	433	(c) The unit shall create plans and conduct operations
434	434	consistent with the strategic plan.
435	435	(d) The operational plan under this section must include an
436	436	evaluation of 8 U.S.C. Section 1325(a) and other federal laws
437	437	relating to the requirement that border crossings occur only at
438	438	designated ports of entry.
439	439	Sec. 411.565. SEVERABILITY. (a) Mindful of Leavitt v. Jane
440	440	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
441	441	severability of a state statute the Supreme Court of the United
442	442	States held that an explicit statement of legislative intent is
443	443	controlling, it is the intent of the legislature that every
444	444	provision, section, subsection, sentence, clause, phrase, or word
445	445	in this subchapter, and every application of the provisions in this
446	446	subchapter to every person, group of persons, or circumstances, are
447	447	severable from each other.
448	448	(b) If any application of any provision in this subchapter
449	449	to any person, group of persons, or circumstances is found by a
450	450	court to be invalid, preempted, or unconstitutional, for any reason
451	451	whatsoever, then the remaining applications of that provision to
452	452	all other persons and circumstances shall be severed and preserved,
453	453	and shall remain in effect. All constitutionally valid
454	454	applications of the provisions in this subchapter shall be severed
455	455	from any applications that a court finds to be invalid, preempted,
456	456	or unconstitutional, because it is the legislature's intent and
457	457	priority that every single valid application of every statutory
458	458	provision be allowed to stand alone.
459	459	(c) The legislature further declares that it would have
460	460	enacted this subchapter, and each provision, section, subsection,
461	461	sentence, clause, phrase, or word, and all constitutional
462	462	applications of the provisions of this subchapter, irrespective of
463	463	the fact that any provision, section, subsection, sentence, clause,
464	464	phrase, or word, or applications of this subchapter were to be
465	465	declared invalid, preempted, or unconstitutional.
466	466	(d) If any provision of this subchapter is found by any
467	467	court to be unconstitutionally vague, then the applications of that
468	468	provision that do not present constitutional vagueness problems
469	469	shall be severed and remain in force, consistent with the
470	470	severability requirements of Subsections (a), (b), and (c).
471	471	(e) No court may decline to enforce the severability
472	472	requirements of Subsections (a), (b), (c), and (d) on the ground
473	473	that severance would "rewrite" the statute or involve the court in
474	474	legislative or lawmaking activity. A court that declines to
475	475	enforce or enjoins a state official from enforcing a statutory
476	476	provision is never rewriting a statute or engaging in legislative
477	477	or lawmaking activity, as the statute continues to contain the same
478	478	words as before the court's decision. A judicial injunction or
479	479	declaration of unconstitutionality:
480	480	(1) is nothing more than an edict prohibiting
481	481	enforcement of the disputed statute against the named parties to
482	482	that lawsuit, which may subsequently be vacated by a later court if
483	483	that court has a different understanding of the requirements of the
484	484	Texas Constitution or the United States Constitution or federal
485	485	law;
486	486	(2) is not a formal amendment of the language in a
487	487	statute; and
488	488	(3) no more rewrites a statute than a decision by the
489	489	executive not to enforce a duly enacted statute in a limited and
490	490	defined set of circumstances.
491	491	(f) If any state or federal court disregards any of the
492	492	severability requirements in Subsections (a), (b), (c), (d), or
493	493	(e), and declares or finds any provision of this subchapter
494	494	facially invalid, preempted, or unconstitutional, when there are
495	495	discrete applications of that provision that can be enforced
496	496	against a person, group of persons, or circumstances without
497	497	violating federal law or the federal or state constitutions, then
498	498	that provision shall be interpreted, as a matter of state law, as if
499	499	the legislature had enacted a provision limited to the persons,
500	500	group of persons, or circumstances for which the provision's
501	501	application will not violate federal law or the federal or state
502	502	constitutions, and every court shall adopt this saving construction
503	503	of that provision until the court ruling that pronounced the
504	504	provision facially invalid, preempted, or unconstitutional is
505	505	vacated or overruled.
506	506	SECTION 1.08. As soon as practicable after the effective
507	507	date of this Act, the governor shall appoint the unit chief as
508	508	prescribed by Section 411.554, Government Code, as added by this
509	509	Act.
510	510	ARTICLE 2. TRESPASS: CIVIL AND CRIMINAL PENALTIES
511	511	SECTION 2.01. Article 17.44, Code of Criminal Procedure, is
512	512	amended by adding Subsection (b-1) to read as follows:
513	513	(b-1) A magistrate shall require as a condition of release
514	514	on bond for a defendant arrested for an offense under Section 30.08,
515	515	Penal Code, that the defendant submit to electronic monitoring
516	516	unless the magistrate finds that the defendant is not a flight risk.
517	517	SECTION 2.02. Chapter 752, Government Code, is amended by
518	518	adding Subchapter D to read as follows:
519	519	SUBCHAPTER D. ENFORCEMENT BY ATTORNEY GENERAL
520	520	Sec. 752.101. CIVIL PENALTY: TRESPASS WHILE ENTERING THIS
521	521	STATE. (a) A person who engages in conduct constituting an offense
522	522	under Section 30.08, Penal Code, is liable to this state for a civil
523	523	penalty in an amount not to exceed $10,000 for each occurrence of
524	524	the conduct.
525	525	(b) The attorney general may bring an action to collect the
526	526	civil penalty and may recover attorney's fees and costs incurred in
527	527	bringing the action.
528	528	SECTION 2.03. Chapter 30, Penal Code, is amended by adding
529	529	Section 30.08 to read as follows:
530	530	Sec. 30.08. TRESPASS WHILE ENTERING THIS STATE. (a) A
531	531	person commits an offense if the person knowingly enters the
532	532	property of another, without the effective consent of the owner,
533	533	while knowingly entering this state from any neighboring
534	534	jurisdiction, regardless of the person's immigration status.
535	535	(b) An offense under this section is a felony of the third
536	536	degree.
537	537	(c) If conduct that constitutes an offense under this
538	538	section also constitutes an offense under another law, the actor
539	539	may be prosecuted under this section, the other law, or both.
540	540	ARTICLE 3. PUBLIC HEALTH EMERGENCY
541	541	SECTION 3.01. Subtitle D, Title 2, Health and Safety Code,
542	542	is amended by adding Chapter 81B to read as follows:
543	543	CHAPTER 81B. SUSPENSION OF ENTRY OF PERSONS FROM DESIGNATED PLACES
544	544	TO PREVENT SPREAD OF COMMUNICABLE DISEASES
545	545	Sec. 81B.001. DEFINITIONS. In this chapter:
546	546	(1) "COVID-19" means the 2019 novel coronavirus
547	547	disease.
548	548	(2) "Federally declared public health emergency"
549	549	means:
550	550	(A) a public health emergency declared by the
551	551	United States secretary of health and human services under 42
552	552	U.S.C. Section 247d; or
553	553	(B) an emergency or disaster declared, including
554	554	under a renewal of the declaration, by the president of the United
555	555	States in relation to a public health emergency described by
556	556	Paragraph (A) under:
557	557	(i) the National Emergencies Act (50 U.S.C.
558	558	Section 1601 et seq.); or
559	559	(ii) the Robert T. Stafford Disaster Relief
560	560	and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.).
561	561	(3) "Person" means any individual other than one
562	562	described by:
563	563	(A) the first sentence of Section 1 of the
564	564	Fourteenth Amendment to the United States Constitution; or
565	565	(B) 8 U.S.C. Section 1101(a)(20).
566	566	(4) "Port of entry" means a port of entry described by
567	567	Part 101, Title 19, Code of Federal Regulations (19 C.F.R. part
568	568	101), or 22 C.F.R. Section 40.1.
569	569	Sec. 81B.002. SUSPENSION OF ENTRY. (a) To the extent
570	570	consistent with the United States Constitution, all persons
571	571	entering this state by land from another country must pass through a
572	572	port of entry for appropriate medical review during:
573	573	(1) the pendency of any federally declared public
574	574	health emergency for COVID-19;
575	575	(2) any time that a federal agency has in place any
576	576	vaccination requirement for any person lawfully residing in the
577	577	United States, including government contractors or health care
578	578	workers, for the purposes of preventing the spread of COVID-19 in
579	579	the United States; or
580	580	(3) any time the United States Department of State has
581	581	in place any travel warning related to COVID-19 for any country from
582	582	which citizens have unlawfully entered the United States during the
583	583	most recent year for which there is available data.
584	584	(b) A person who enters this state from a foreign country
585	585	other than in accordance with Subsection (a), to the extent
586	586	consistent with the United States Constitution, shall be removed to
587	587	the country from which they entered the United States, their
588	588	country of origin, or another location as practicable, as rapidly
589	589	as possible with as little time spent in congregate settings as
590	590	practicable under the circumstances.
591	591	Sec. 81B.003. SEVERABILITY. (a) Mindful of Leavitt v. Jane
592	592	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
593	593	severability of a state statute the Supreme Court of the United
594	594	States held that an explicit statement of legislative intent is
595	595	controlling, it is the intent of the legislature that every
596	596	provision, section, subsection, sentence, clause, phrase, or word
597	597	in this chapter, and every application of the provisions in this
598	598	chapter to every person, group of persons, or circumstances, are
599	599	severable from each other.
600	600	(b) If any application of any provision in this chapter to
601	601	any person, group of persons, or circumstances is found by a court
602	602	to be invalid, preempted, or unconstitutional, for any reason
603	603	whatsoever, then the remaining applications of that provision to
604	604	all other persons and circumstances shall be severed and preserved,
605	605	and shall remain in effect. All constitutionally valid
606	606	applications of the provisions in this chapter shall be severed
607	607	from any applications that a court finds to be invalid, preempted,
608	608	or unconstitutional, because it is the legislature's intent and
609	609	priority that every single valid application of every statutory
610	610	provision be allowed to stand alone.
611	611	(c) The legislature further declares that it would have
612	612	enacted this chapter, and each provision, section, subsection,
613	613	sentence, clause, phrase, or word, and all constitutional
614	614	applications of the provisions of this chapter, irrespective of the
615	615	fact that any provision, section, subsection, sentence, clause,
616	616	phrase, or word, or applications of this chapter were to be declared
617	617	invalid, preempted, or unconstitutional.
618	618	(d) If any provision of this chapter is found by any court to
619	619	be unconstitutionally vague, then the applications of that
620	620	provision that do not present constitutional vagueness problems
621	621	shall be severed and remain in force, consistent with the
622	622	severability requirements of Subsections (a), (b), and (c).
623	623	(e) No court may decline to enforce the severability
624	624	requirements of Subsections (a), (b), (c), and (d) on the ground
625	625	that severance would "rewrite" the statute or involve the court in
626	626	legislative or lawmaking activity. A court that declines to
627	627	enforce or enjoins a state official from enforcing a statutory
628	628	provision is never rewriting a statute or engaging in legislative
629	629	or lawmaking activity, as the statute continues to contain the same
630	630	words as before the court's decision. A judicial injunction or
631	631	declaration of unconstitutionality:
632	632	(1) is nothing more than an edict prohibiting
633	633	enforcement of the disputed statute against the named parties to
634	634	that lawsuit, which may subsequently be vacated by a later court if
635	635	that court has a different understanding of the requirements of the
636	636	Texas Constitution or the United States Constitution or federal
637	637	law;
638	638	(2) is not a formal amendment of the language in a
639	639	statute; and
640	640	(3) no more rewrites a statute than a decision by the
641	641	executive not to enforce a duly enacted statute in a limited and
642	642	defined set of circumstances.
643	643	(f) If any state or federal court disregards any of the
644	644	severability requirements in Subsections (a), (b), (c), (d), or
645	645	(e), and declares or finds any provision of this chapter facially
646	646	invalid, preempted, or unconstitutional, when there are discrete
647	647	applications of that provision that can be enforced against a
648	648	person, group of persons, or circumstances without violating
649	649	federal law or the federal or state constitutions, then that
650	650	provision shall be interpreted, as a matter of state law, as if the
651	651	legislature had enacted a provision limited to the persons, group
652	652	of persons, or circumstances for which the provision's application
653	653	will not violate federal law or the federal or state constitutions,
654	654	and every court shall adopt this saving construction of that
655	655	provision until the court ruling that pronounced the provision
656	656	facially invalid, preempted, or unconstitutional is vacated or
657	657	overruled.
658	658	ARTICLE 4. SEVERABILITY; EFFECTIVE DATE
659	659	SECTION 4.01. (a) If any provision of this Act or its
660	660	application to any person or circumstance is held invalid, the
661	661	invalidity does not affect other provisions or applications of this
662	662	Act that can be given effect without the invalid provision or
663	663	application, and to this end the provisions of this Act are declared
664	664	to be severable.
665	665	(b) Subsection (a) of this section does not affect another
666	666	severability provision contained in this Act.
667	667	SECTION 4.02. This Act takes effect immediately if it
668	668	receives a vote of two-thirds of all the members elected to each
669	669	house, as provided by Section 39, Article III, Texas Constitution.
670	670	If this Act does not receive the vote necessary for immediate
671	671	effect, this Act takes effect on the 91st day after the last day of
672	672	the legislative session.