Texas House Bill HB85

Texas 2023 - 88th 3rd C.S.

• Filed: 10/6/23

Caption

Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity, and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.

Impact

If passed, HB85 would significantly alter existing state laws concerning border security and health protocols. It mandates that individuals entering Texas from neighboring countries must pass through designated ports of entry for health screenings, especially during declared health emergencies, including COVID-19. The establishment of the Border Protection Unit would also reshape law enforcement priorities and practices, particularly in the border regions, allowing for a tailored law enforcement approach aimed at preventing criminal activities and managing public health effectively.

Summary

House Bill 85 focuses on enhancing safety and welfare in Texas's border regions. The bill proposes to establish a Border Protection Unit tasked with addressing ongoing criminal activities and potential public health threats. It also introduces new criminal offenses related to trespassing while entering the state and stipulates civil penalties associated with these offenses. Moreover, the legislation aims to ensure that all individuals entering the state by land comply with medical review requirements during federally declared public health emergencies.

Sentiment

The sentiment surrounding HB85 appears to be mixed. Supporters argue that the bill is essential for enhancing security and public health along the Texas-Mexico border, providing necessary resources to manage crime and health emergencies effectively. They assert that it will protect communities and improve public safety. Conversely, there are concerns about potential overreach and the implications of strict enforcement measures, particularly regarding civil rights and local governance.

Contention

Notable points of contention primarily revolve around the implications of the new criminal offenses created by the bill and the enforcement powers granted to the newly proposed Border Protection Unit. Critics are wary that the establishment of civil penalties for trespassing may lead to increased criminalization of individuals entering the state, which raises ethical and legal questions. Additionally, while supporters emphasize the need for heightened security, opponents argue that the bill could lead to excessive policing and undermine the rights of those who may be wrongfully penalized under its provisions.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 2. General Duties Of Officers
  • Section: 12

• Chapter 17. Bail
  • Section: 44

Government Code

• Chapter 752. Immigration
  • Section: New Section

Penal Code

• Chapter 30. Burglary And Criminal Trespass
  • Section: New Section

Health And Safety Code

• Chapter 81. Communicable Diseases; Public Health Disasters; Public Health Emergencies
  • Section: New Section