Texas 2025 - 89th Regular

Texas House Bill HB354 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1180 JCG-F
2	2	By: Cain H.B. No. 354
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to measures to ensure the safety and welfare of the border
10	10	region of this state, including protection from ongoing criminal
11	11	activity and public health threats and the establishment of the
12	12	Border Protection Unit; creating a criminal offense; creating a
13	13	civil penalty.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	ARTICLE 1. GENERAL PROVISIONS
16	16	SECTION 1.01. This Act may be cited as the Border Protection
17	17	Unit Act.
18	18	SECTION 1.02. The legislature finds that:
19	19	(1) The security of Texans and the sovereignty of this
20	20	state have been threatened by the deadly activities of
21	21	transnational cartels operating throughout this state and the
22	22	United States.
23	23	(2) Many Texans have lost the peaceful use and
24	24	enjoyment of their properties due to criminal activities along the
25	25	border.
26	26	(3) Lethal quantities of opioids such as fentanyl are
27	27	being trafficked into this state resulting in the poisoning deaths
28	28	of people throughout Texas and the United States.
29	29	(4) Human trafficking by transnational cartels has
30	30	resulted in the deaths of many people and the exploitation of women
31	31	and children.
32	32	(5) Deaths from fentanyl and other synthetic opioids
33	33	are increasing in this state and throughout the United States and
34	34	number in the tens of thousands according to the National
35	35	Institutes of Health of the United States Department of Health and
36	36	Human Services.
37	37	(6) Fentanyl is being produced on an industrial scale
38	38	by Mexican cartels and smuggled across the border into Texas.
39	39	(7) The number of people unlawfully entering Texas
40	40	from Mexico at locations other than ports of entry has reached
41	41	historic levels and local communities are increasingly
42	42	overwhelmed.
43	43	(8) Law enforcement cannot adequately interdict
44	44	fentanyl and human trafficking operations along the Texas-Mexico
45	45	border because resources are diverted to address the unlawful entry
46	46	by large numbers of people into Texas from Mexico.
47	47	(9) The legislature, acting with the governor, has the
48	48	solemn duty to protect and defend the citizens of this state and
49	49	maintain sovereignty over this state's borders.
50	50	ARTICLE 2. BORDER PROTECTION UNIT
51	51	SECTION 2.01. Article 2A.001, Code of Criminal Procedure,
52	52	is amended to read as follows:
53	53	Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
54	54	peace officers:
55	55	(1) a sheriff, a sheriff's deputy, or a reserve deputy
56	56	sheriff who holds a permanent peace officer license issued under
57	57	Chapter 1701, Occupations Code;
58	58	(2) a constable, a deputy constable, or a reserve
59	59	deputy constable who holds a permanent peace officer license issued
60	60	under Chapter 1701, Occupations Code;
61	61	(3) a marshal or police officer of a municipality or a
62	62	reserve municipal police officer who holds a permanent peace
63	63	officer license issued under Chapter 1701, Occupations Code;
64	64	(4) a ranger, officer, or member of the reserve
65	65	officer corps commissioned by:
66	66	(A) the Public Safety Commission; and
67	67	(B) either:
68	68	(i) the director of the Department of
69	69	Public Safety; or
70	70	(ii) the unit chief of the Border
71	71	Protection Unit;
72	72	(5) an investigator of a district attorney's, criminal
73	73	district attorney's, or county attorney's office;
74	74	(6) a law enforcement agent of the Texas Alcoholic
75	75	Beverage Commission;
76	76	(7) a member of an arson investigating unit
77	77	commissioned by a municipality, a county, or the state;
78	78	(8) an officer commissioned under Section 37.081,
79	79	Education Code, or Subchapter E, Chapter 51, Education Code;
80	80	(9) an officer commissioned by the Texas Facilities
81	81	Commission;
82	82	(10) a law enforcement officer commissioned by the
83	83	Parks and Wildlife Commission;
84	84	(11) an officer commissioned under Chapter 23,
85	85	Transportation Code;
86	86	(12) a municipal park and recreational patrol officer
87	87	or security officer;
88	88	(13) a security officer or investigator commissioned
89	89	as a peace officer by the comptroller;
90	90	(14) an officer commissioned by a water control and
91	91	improvement district under Section 49.216, Water Code;
92	92	(15) an officer commissioned by a board of trustees
93	93	under Chapter 54, Transportation Code;
94	94	(16) an investigator commissioned by the Texas Medical
95	95	Board;
96	96	(17) an officer commissioned by:
97	97	(A) the board of managers of the Dallas County
98	98	Hospital District, the Tarrant County Hospital District, the Bexar
99	99	County Hospital District, or the El Paso County Hospital District
100	100	under Section 281.057, Health and Safety Code;
101	101	(B) the board of directors of the Ector County
102	102	Hospital District under Section 1024.117, Special District Local
103	103	Laws Code;
104	104	(C) the board of directors of the Midland County
105	105	Hospital District of Midland County, Texas, under Section 1061.121,
106	106	Special District Local Laws Code; or
107	107	(D) the board of hospital managers of the Lubbock
108	108	County Hospital District of Lubbock County, Texas, under Section
109	109	1053.113, Special District Local Laws Code;
110	110	(18) a county park ranger commissioned under
111	111	Subchapter E, Chapter 351, Local Government Code;
112	112	(19) an investigator employed by the Texas Racing
113	113	Commission;
114	114	(20) an officer commissioned under Chapter 554,
115	115	Occupations Code;
116	116	(21) an officer commissioned by the governing body of
117	117	a metropolitan rapid transit authority under Section 451.108,
118	118	Transportation Code, or a regional transportation authority under
119	119	Section 452.110, Transportation Code;
120	120	(22) an investigator commissioned by the attorney
121	121	general under Section 402.009, Government Code;
122	122	(23) a security officer or investigator commissioned
123	123	as a peace officer under Chapter 466, Government Code;
124	124	(24) an officer appointed by an appellate court under
125	125	Subchapter F, Chapter 53, Government Code;
126	126	(25) an officer commissioned by the state fire marshal
127	127	under Chapter 417, Government Code;
128	128	(26) an investigator commissioned by the commissioner
129	129	of insurance under Section 701.104, Insurance Code;
130	130	(27) an apprehension specialist or inspector general
131	131	commissioned by the Texas Juvenile Justice Department as an officer
132	132	under Section 242.102 or 243.052, Human Resources Code;
133	133	(28) an officer appointed by the inspector general of
134	134	the Texas Department of Criminal Justice under Section 493.019,
135	135	Government Code;
136	136	(29) an investigator commissioned by the Texas
137	137	Commission on Law Enforcement under Section 1701.160, Occupations
138	138	Code;
139	139	(30) a fire marshal or any related officer, inspector,
140	140	or investigator commissioned by a county under Subchapter B,
141	141	Chapter 352, Local Government Code;
142	142	(31) a fire marshal or any officer, inspector, or
143	143	investigator commissioned by an emergency services district under
144	144	Chapter 775, Health and Safety Code;
145	145	(32) an officer commissioned by the State Board of
146	146	Dental Examiners under Section 254.013, Occupations Code, subject
147	147	to the limitations imposed by that section; and
148	148	(33) an investigator commissioned by the Texas
149	149	Juvenile Justice Department as an officer under Section 221.011,
150	150	Human Resources Code.
151	151	SECTION 2.02. Section 411.002(a), Government Code, is
152	152	amended to read as follows:
153	153	(a) The Department of Public Safety of the State of Texas is
154	154	an agency of the state to enforce the laws protecting the public
155	155	safety, [and] provide for the prevention and detection of crime,
156	156	and defend and secure the state's air, maritime, and land borders.
157	157	The department is composed of the Texas Rangers, the Texas Highway
158	158	Patrol, the Border Protection Unit, the administrative division,
159	159	and other divisions that the commission considers necessary.
160	160	SECTION 2.03. Section 411.004, Government Code, is amended
161	161	to read as follows:
162	162	Sec. 411.004. DUTIES AND POWERS OF COMMISSION. The
163	163	commission shall:
164	164	(1) formulate plans and policies for:
165	165	(A) enforcement of state criminal, traffic, and
166	166	safety laws;
167	167	(B) prevention of crime;
168	168	(C) detection and apprehension of persons who
169	169	violate laws; [and]
170	170	(D) education of citizens of this state in the
171	171	promotion of public safety and the observance of law; and
172	172	(E) defense and security of this state's air,
173	173	maritime, and land borders;
174	174	(2) organize the department and supervise its
175	175	operation;
176	176	(3) adopt rules considered necessary for carrying out
177	177	the department's work;
178	178	(4) maintain records of all proceedings and official
179	179	orders; and
180	180	(5) biennially submit a report of its work to the
181	181	governor and legislature, including the commission's and director's
182	182	recommendations.
183	183	SECTION 2.04. Section 411.006(a), Government Code, is
184	184	amended to read as follows:
185	185	(a) Subject to Section 411.555, the [The] director shall:
186	186	(1) be directly responsible to the commission for the
187	187	conduct of and act as executive director of the Texas Highway
188	188	Patrol, the Texas Rangers, and other administrative divisions and
189	189	departments assigned by the commission, other than the Border
190	190	Protection Unit [the department's affairs];
191	191	(2) [act as executive director of the department;
192	192	[(3)] act with the commission in an advisory capacity,
193	193	without vote;
194	194	(3) [(4)] adopt rules, subject to commission
195	195	approval, considered necessary for the control of the department;
196	196	(4) [(5)] issue commissions as law enforcement
197	197	officers, under the commission's direction, to all members of the
198	198	Texas Rangers and the Texas Highway Patrol and to other officers of
199	199	the department;
200	200	(5) [(6)] appoint, with the advice and consent of the
201	201	commission, the head of a division or bureau provided for by this
202	202	chapter;
203	203	(6) [(7)] quarterly, annually, and biennially submit
204	204	to the commission detailed reports of the operation of the
205	205	department, including statements of its expenditures; and
206	206	(7) [(8)] prepare, swear to, submit to the governor,
207	207	and file in the department's records a quarterly statement
208	208	containing an itemized list of all money received and its source and
209	209	all money spent and the purposes for which it was spent.
210	210	SECTION 2.05. Section 411.007(a), Government Code, is
211	211	amended to read as follows:
212	212	(a) Subject to the provisions of this chapter, the director
213	213	may appoint, promote, reduce, suspend, or discharge any officer or
214	214	employee of the department, other than an officer or employee of the
215	215	Border Protection Unit.
216	216	SECTION 2.06. Section 411.017(a), Government Code, is
217	217	amended to read as follows:
218	218	(a) A person commits an offense if, without the director's
219	219	authorization, the person:
220	220	(1) manufactures, sells, or possesses a badge,
221	221	identification card, or other item bearing a department insignia or
222	222	an insignia deceptively similar to the department's;
223	223	(2) makes a copy or likeness of a badge,
224	224	identification card, or department insignia, with intent to use or
225	225	allow another to use the copy or likeness to produce an item bearing
226	226	the department insignia or an insignia deceptively similar to the
227	227	department's; or
228	228	(3) uses the term "Texas Department of Public Safety,"
229	229	"Department of Public Safety," "Texas Ranger," [or] "Texas Highway
230	230	Patrol," or "Border Protection Unit" in connection with an object,
231	231	with the intent to create the appearance that the object belongs to
232	232	or is being used by the department.
233	233	SECTION 2.07. Chapter 411, Government Code, is amended by
234	234	adding Subchapter S to read as follows:
235	235	SUBCHAPTER S. BORDER PROTECTION UNIT
236	236	Sec. 411.551. DEFINITIONS. In this subchapter:
237	237	(1) "Unit" means the Border Protection Unit.
238	238	(2) "Unit chief" means the person appointed under
239	239	Section 411.554 as the unit chief.
240	240	Sec. 411.552. BORDER PROTECTION UNIT; TERM OF
241	241	AUTHORIZATION. (a) The unit is a division under the commission
242	242	consisting of the number of commissioned and noncommissioned
243	243	officers and other employees authorized by the legislature.
244	244	(b) The unit is subject to appropriations by the legislature
245	245	and, unless continued in existence by the legislature, is abolished
246	246	December 31, 2032.
247	247	(c) This subchapter expires December 31, 2032.
248	248	Sec. 411.553. HEADQUARTERS. The unit must be headquartered
249	249	in the border region.
250	250	Sec. 411.554. UNIT CHIEF. (a) The governor shall appoint a
251	251	United States citizen to serve as the unit chief of the Border
252	252	Protection Unit. The unit chief serves until removed by the
253	253	governor.
254	254	(b) The unit chief may appoint, with the advice and consent
255	255	of the commission, deputy unit chiefs and assistant unit chiefs who
256	256	shall perform the duties that the unit chief designates. Deputy
257	257	unit chiefs and assistant unit chiefs serve until removed by the
258	258	unit chief.
259	259	(c) The unit chief, deputy unit chiefs, and assistant unit
260	260	chiefs are entitled to annual salaries as provided by the
261	261	legislature.
262	262	Sec. 411.555. GENERAL POWERS AND DUTIES OF UNIT AND UNIT
263	263	CHIEF. (a) The unit chief shall:
264	264	(1) be directly responsible to the commission for all
265	265	conduct of the unit, but may be removed only by the governor under
266	266	Section 411.554;
267	267	(2) act as the executive director of the unit;
268	268	(3) act with the commission in an advisory capacity,
269	269	without vote;
270	270	(4) adopt rules, subject to commission approval,
271	271	considered necessary for the control and general administration of
272	272	the unit, including rules governing the procurement of facilities
273	273	and equipment for the unit and the training and working conditions
274	274	for unit personnel;
275	275	(5) issue commissions as law enforcement officers,
276	276	under the commission's direction, to members of the unit;
277	277	(6) create as necessary, with the advice and consent
278	278	of the commission, operational or administrative divisions within
279	279	the unit and appoint heads of those divisions;
280	280	(7) employ as necessary commissioned and
281	281	noncommissioned officers and other employees to perform unit
282	282	operations and functions;
283	283	(8) quarterly, annually, and biennially submit to the
284	284	commission detailed reports of the operation of the unit, including
285	285	statements of its expenditures; and
286	286	(9) prepare, swear to, submit to the governor, and
287	287	file in the unit's records a quarterly statement containing an
288	288	itemized list of all money received and its source and all money
289	289	spent and the purposes for which it was spent.
290	290	(b) The unit chief or unit chief's designee shall provide to
291	291	members of the commission and to employees of the unit, as often as
292	292	necessary, information regarding the requirements for office or
293	293	employment under this chapter, including information regarding a
294	294	person's responsibilities under applicable law relating to
295	295	standards of conduct for state officers or employees.
296	296	(c) Subject to Subsection (d), the following provisions
297	297	apply to the unit chief with respect to the unit in the same manner
298	298	as the provisions apply to the director with respect to the
299	299	department or, as applicable, apply to the unit when acting at the
300	300	direction of the unit chief in the same manner as the provisions
301	301	apply to the department when acting at the direction of the
302	302	director:
303	303	(1) Section 411.007;
304	304	(2) Section 411.0071;
305	305	(3) Section 411.0075;
306	306	(4) Section 411.0079;
307	307	(5) Section 411.009;
308	308	(6) Section 411.0095;
309	309	(7) Section 411.0097, as added by Section 3, Chapter
310	310	556 (H.B. 1239), Acts of the 79th Legislature, Regular Session,
311	311	2005;
312	312	(8) Section 411.0097, as added by Section 1, Chapter
313	313	693 (S.B. 293), Acts of the 79th Legislature, Regular Session,
314	314	2005;
315	315	(9) Section 411.0098;
316	316	(10) Section 411.013(b);
317	317	(11) Section 411.0131;
318	318	(12) Section 411.0132;
319	319	(13) Section 411.0141(e);
320	320	(14) Section 411.015;
321	321	(15) Section 411.016;
322	322	(16) Section 411.0161;
323	323	(17) Section 411.0162;
324	324	(18) Section 411.0163;
325	325	(19) Section 411.0164;
326	326	(20) Section 411.017;
327	327	(21) Section 411.018;
328	328	(22) Sections 411.0207(c)(1)-(5);
329	329	(23) Sections 411.0208(d) and (e);
330	330	(24) Section 411.0209;
331	331	(25) Section 411.02095;
332	332	(26) Section 411.0865;
333	333	(27) Section 411.087(e);
334	334	(28) Section 411.0891; and
335	335	(29) Section 411.154.
336	336	(d) The director may not exercise any operational or
337	337	administrative control over the unit chief or the unit. The unit
338	338	chief may not exercise any operational or administrative control
339	339	over the director or the department, other than the unit.
340	340	(e) The unit is a criminal justice agency for purposes of
341	341	this chapter.
342	342	(f) The unit:
343	343	(1) may collect, preserve, ship, and analyze a DNA
344	344	sample for the DNA database subject to the rules adopted under
345	345	Section 411.146(c)(1); and
346	346	(2) is entitled to access or use a DNA sample or record
347	347	subject to the rules adopted under Section 411.147(b).
348	348	(g) The unit is a law enforcement agency for purposes of
349	349	Section 411.1471(b).
350	350	(h) The unit may assist local law enforcement with the
351	351	investigation of crime.
352	352	Sec. 411.556. OFFICE OF AUDIT AND REVIEW FOR UNIT. The
353	353	governor shall establish the office of audit and review within the
354	354	unit and appoint the director of the office to perform the duties
355	355	under Subchapter I with respect to the unit. The director of the
356	356	office of audit and review of the unit shall serve until removed by
357	357	the governor.
358	358	Sec. 411.557. INSPECTOR GENERAL FOR UNIT. (a) The governor
359	359	shall establish the office of the inspector general within the unit
360	360	and appoint the inspector general of the unit who shall perform with
361	361	respect to the unit the duties of Subchapter I-1 or as may be
362	362	provided by other law. The inspector general of the unit shall serve
363	363	until removed by the governor.
364	364	(b) The inspector general of the unit is responsible for:
365	365	(1) preparing and delivering assessments concerning
366	366	the administration of the unit to the governor, the legislature,
367	367	and the unit chief;
368	368	(2) acting to prevent and detect serious breaches of
369	369	unit policy, fraud, and abuse of office, including any acts of
370	370	criminal conduct within the unit; and
371	371	(3) independently and objectively reviewing,
372	372	investigating, delegating, and overseeing the investigation of:
373	373	(A) conduct described by Subdivision (2);
374	374	(B) criminal activity occurring within the unit;
375	375	(C) allegations of wrongdoing by unit employees;
376	376	(D) crimes committed on unit property; and
377	377	(E) serious breaches of unit policy.
378	378	Sec. 411.558. OFFICERS; OTHER EMPLOYEES. (a) The unit
379	379	chief may employ commissioned or noncommissioned officers meeting
380	380	the qualifications described by Section 411.561 to perform the
381	381	duties of the unit. Those officers are entitled to compensation as
382	382	provided by the legislature and must be recruited and trained
383	383	within the border region to the extent practicable.
384	384	(b) The unit chief may employ individuals who are not
385	385	officers as necessary to carry out the duties of the unit.
386	386	(c) Subject to the provisions of this chapter, the unit
387	387	chief may appoint, promote, reduce, suspend, or discharge any
388	388	officer or employee of the unit.
389	389	Sec. 411.559. AUTHORITY OF OFFICERS. (a) A commissioned
390	390	officer of the unit is governed by the law regulating and defining
391	391	the powers and duties of sheriffs performing similar duties, except
392	392	that the officer may make arrests and execute processes in a
393	393	criminal case in any county.
394	394	(b) Subject to Subsection (c), a commissioned or
395	395	noncommissioned officer of the unit may, to the extent consistent
396	396	with the United States and Texas Constitutions, arrest, apprehend,
397	397	or detain persons crossing the Texas-Mexico border unlawfully, and
398	398	deter persons attempting to cross the border unlawfully, including
399	399	with the use of non-deadly crowd control measures.
400	400	(c) A noncommissioned officer may not exercise the
401	401	authority provided by Subsection (b) unless specifically
402	402	authorized by the commission and the governor and unless the
403	403	officer has been provided training approved by the commission and
404	404	the governor. A noncommissioned officer may exercise the arrest
405	405	authority provided by Subsection (b) only if the authority is
406	406	exercised in a county:
407	407	(1) contiguous with the Texas-Mexico border; or
408	408	(2) adjoining a county described by Subdivision (1).
409	409	(d) The commission shall develop or recognize a training
410	410	program required by Subsection (c).
411	411	Sec. 411.560. DEFENSES TO CIVIL AND CRIMINAL LIABILITY.
412	412	Notwithstanding any other law, any defense or affirmative defense
413	413	that applies to a peace officer in a civil or criminal action
414	414	applies to the unit chief and the officers and other employees of
415	415	the unit in a civil or criminal action brought against the unit
416	416	chief or an officer or other employee of the unit arising from
417	417	conduct engaged in while discharging the duties of the unit.
418	418	Sec. 411.561. QUALIFICATIONS AND STANDARDS. (a) To be a
419	419	commissioned officer of the unit, a person must hold a peace officer
420	420	license issued under Chapter 1701, Occupations Code, and meet any
421	421	other qualifications set by the commission.
422	422	(b) To be a noncommissioned officer of the unit, a person
423	423	must be a United States citizen and meet any other qualifications
424	424	set by the commission.
425	425	(c) A noncommissioned officer shall operate under the
426	426	accountability requirements and standards of professional conduct
427	427	set forth by the commission.
428	428	(d) The unit is an equal employment opportunity employer and
429	429	may not discriminate against or give preferential treatment to any
430	430	employee or job applicant on account of the individual's race,
431	431	color, sex, national origin, or religion.
432	432	Sec. 411.562. FACILITIES AND EQUIPMENT; TRAINING; TRANSFER
433	433	FROM DEPARTMENT. (a) The unit shall acquire equipment and
434	434	facilities and conduct training necessary to fulfill the
435	435	operational, intelligence, communication, logistics, and
436	436	administrative duties provided by this chapter and the unit chief.
437	437	(b) The commission shall transfer existing personnel,
438	438	equipment, and facilities to the unit from within the department as
439	439	determined necessary by the commission or the governor, in the
440	440	commission's or governor's discretion, while maintaining
441	441	accountability and adequate support for all officers and activities
442	442	within the commission's responsibility.
443	443	Sec. 411.563. CONSTRUCTION AND MAINTENANCE OF PHYSICAL
444	444	BARRIERS. (a) The unit shall oversee the construction and
445	445	maintenance of walls, fences, and other physical barriers along the
446	446	Texas-Mexico border in order to enhance the safety and security of
447	447	citizens of this state.
448	448	(b) The unit chief, or the unit chief's designee, is
449	449	authorized to negotiate and acquire the necessary rights-of-way,
450	450	leases, permissions, materials, and services needed to erect and
451	451	maintain physical barriers.
452	452	(c) The unit may use funds appropriated by the legislature,
453	453	other government funds, or donations from United States citizens
454	454	and domestic entities.
455	455	(d) The commission may delegate authority granted under
456	456	this section to another state agency.
457	457	Sec. 411.564. ARTICLE I, SECTION 10 INVOCATION. Pursuant
458	458	to a legislative finding or a declaration by the governor that a
459	459	state of invasion or imminent danger under Section 10, Article I,
460	460	United States Constitution, exists, the unit chief and director may
461	461	order personnel under their authority to take, and the personnel
462	462	may take, the following actions to the extent consistent with the
463	463	United States and Texas Constitutions:
464	464	(1) deter and repel persons attempting to enter this
465	465	state unlawfully at locations other than ports of entry;
466	466	(2) return aliens to Mexico who:
467	467	(A) have been observed actually crossing the
468	468	Texas-Mexico border unlawfully; and
469	469	(B) were apprehended, detained, or arrested in
470	470	the vicinity of the Texas-Mexico border;
471	471	(3) enhance the examination of aircraft, ships,
472	472	vehicles, railcars, and cargo at or near ports of entry for the
473	473	purposes of interdicting fentanyl and other dangerous drugs and
474	474	interdicting human smuggling; and
475	475	(4) use force to repel, arrest, and detain known
476	476	transnational cartel operatives in the border region.
477	477	Sec. 411.565. OPERATIONAL PLAN TO COORDINATE BORDER
478	478	SECURITY. (a) The unit shall develop and recommend to the governor
479	479	and report to the legislature a strategic plan that establishes the
480	480	framework for the budget and operations of the unit, including
481	481	homeland security strategies and the assistance of other state and
482	482	local entities. The unit shall annually report to the governor and
483	483	the legislature on the implementation of the strategic plan.
484	484	(b) The unit shall include in the strategic plan goals,
485	485	objectives, and performance measures that involve collaboration
486	486	with other state agencies and local entities.
487	487	(c) The unit shall create plans and conduct operations
488	488	consistent with the strategic plan.
489	489	(d) The operational plan under this section must include an
490	490	evaluation of 8 U.S.C. Section 1325(a) and other federal laws
491	491	relating to the requirement that border crossings occur only at
492	492	designated ports of entry.
493	493	SECTION 2.08. (a) Mindful of Leavitt vs. Jane L., 518 U.S.
494	494	137 (1996), in which in the context of determining the severability
495	495	of a state statute the Supreme Court of the United States held that
496	496	an explicit statement of legislative intent is controlling, it is
497	497	the intent of the legislature that every provision, section,
498	498	subsection, sentence, clause, phrase, or word in this article, and
499	499	every application of the provisions in this article to every
500	500	person, group of persons, or circumstances, are severable from each
501	501	other.
502	502	(b) If any application of any provision in this article to
503	503	any person, group of persons, or circumstances is found by a court
504	504	to be invalid, preempted, or unconstitutional, for any reason
505	505	whatsoever, then the remaining application of that provision to all
506	506	other persons and circumstances shall be severed and preserved, and
507	507	shall remain in effect. All constitutionally valid applications of
508	508	the provisions in this article shall be severed from any
509	509	applications that a court finds to be invalid, preempted, or
510	510	unconstitutional, because it is the legislature's intent and
511	511	priority that every single valid application of every statutory
512	512	provision be allowed to stand alone.
513	513	(c) The legislature further declares that it would have
514	514	enacted this article, and each provision, section, subsection,
515	515	sentence, clause, phrase, or word, and all constitutional
516	516	applications of the provisions of this article, irrespective of the
517	517	fact that any provision, section, subsection, sentence, clause,
518	518	phrase, or word, or applications of this article were to be declared
519	519	invalid, preempted, or unconstitutional.
520	520	(d) If any provision of this article is found by any court to
521	521	be unconstitutionally vague, then the applications of that
522	522	provision that do not present constitutional vagueness problems
523	523	shall be severed and remain in force, consistent with the
524	524	severability requirements of Subsections (a), (b), and (c) of this
525	525	section.
526	526	(e) No court may decline to enforce the severability
527	527	requirements of Subsections (a), (b), (c), and (d) of this section
528	528	on the ground that severance would "rewrite" the statute or involve
529	529	the court in legislative or lawmaking activity. A court that
530	530	declines to enforce or enjoins a state official from enforcing a
531	531	statutory provision is never rewriting a statute or engaging in
532	532	legislative or lawmaking activity, as the statute continues to
533	533	contain the same words as before the court's decision. A judicial
534	534	injunction or declaration of unconstitutionality:
535	535	(1) is nothing more than an edict prohibiting
536	536	enforcement of the disputed statute against the named parties to
537	537	that lawsuit, which may subsequently be vacated by a later court if
538	538	that court has a different understanding of the requirements of the
539	539	Texas Constitution or the United States Constitution or federal
540	540	law;
541	541	(2) is not a formal amendment of the language in a
542	542	statute; and
543	543	(3) no more rewrites a statute than a decision by the
544	544	executive not to enforce a duly enacted statute in a limited and
545	545	defined set of circumstances.
546	546	(f) If any state or federal court disregards any of the
547	547	severability requirements in Subsections (a), (b), (c), (d), or (e)
548	548	of this section, and declares or finds any provision of this article
549	549	facially invalid, preempted, or unconstitutional, when there are
550	550	discrete applications of that provision that can be enforced
551	551	against a person, group of persons, or circumstances without
552	552	violating federal law or the federal or state constitutions, then
553	553	that provision shall be interpreted, as a matter of state law, as if
554	554	the legislature had enacted a provision limited to the persons,
555	555	group of persons, or circumstances for which the provision's
556	556	application will not violate federal law or the federal or state
557	557	constitutions, and every court shall adopt this saving construction
558	558	of that provision until the court ruling that pronounced the
559	559	provision facially invalid, preempted, or unconstitutional is
560	560	vacated or overruled.
561	561	SECTION 2.09. As soon as practicable after the effective
562	562	date of this Act, the governor shall appoint the unit chief as
563	563	prescribed by Section 411.554, Government Code, as added by this
564	564	Act.
565	565	ARTICLE 3. TRESPASS: CIVIL AND CRIMINAL PENALTIES
566	566	SECTION 3.01. Article 17.44, Code of Criminal Procedure, is
567	567	amended by adding Subsection (b-1) to read as follows:
568	568	(b-1) A magistrate shall require as a condition of release
569	569	on bond for a defendant arrested for an offense under Section 30.08,
570	570	Penal Code, that the defendant submit to electronic monitoring
571	571	under the supervision of an agency designated by the magistrate,
572	572	unless the magistrate finds that the defendant is not a flight risk.
573	573	SECTION 3.02. Chapter 752, Government Code, is amended by
574	574	adding Subchapter D to read as follows:
575	575	SUBCHAPTER D. ENFORCEMENT BY ATTORNEY GENERAL
576	576	Sec. 752.101. CIVIL PENALTY: TRESPASS WHILE ENTERING THIS
577	577	STATE. (a) A person who engages in conduct constituting an
578	578	offense under Section 30.08, Penal Code, is liable to this state for
579	579	a civil penalty in an amount not to exceed $10,000 for each
580	580	occurrence of the conduct.
581	581	(b) The attorney general may bring an action to collect the
582	582	civil penalty and may recover attorney's fees and costs incurred in
583	583	bringing the action.
584	584	SECTION 3.03. Chapter 30, Penal Code, is amended by adding
585	585	Section 30.08 to read as follows:
586	586	Sec. 30.08. TRESPASS WHILE ENTERING THIS STATE. (a) A
587	587	person commits an offense if the person knowingly enters the
588	588	property of another, without the effective consent of the owner,
589	589	while knowingly entering this state from any neighboring
590	590	jurisdiction, regardless of the person's immigration status.
591	591	(b) An offense under this section is a felony of the third
592	592	degree.
593	593	(c) If conduct that constitutes an offense under this
594	594	section also constitutes an offense under another law, the actor
595	595	may be prosecuted under this section, the other law, or both.
596	596	ARTICLE 4. PUBLIC HEALTH EMERGENCY
597	597	SECTION 4.01. Subtitle D, Title 2, Health and Safety Code,
598	598	is amended by adding Chapter 81A to read as follows:
599	599	CHAPTER 81A. SUSPENSION OF ENTRY OF PERSONS FROM DESIGNATED PLACES
600	600	TO PREVENT SPREAD OF COMMUNICABLE DISEASES
601	601	Sec. 81A.001. DEFINITIONS. In this chapter:
602	602	(1) "COVID-19" means the 2019 novel coronavirus
603	603	disease.
604	604	(2) "Federally declared public health emergency"
605	605	means:
606	606	(A) a public health emergency declared by the
607	607	United States secretary of health and human services under 42
608	608	U.S.C. Section 247d; or
609	609	(B) an emergency or disaster declared, including
610	610	under a renewal of the declaration, by the president of the United
611	611	States in relation to a public health emergency described by
612	612	Paragraph (A) under:
613	613	(i) the National Emergencies Act (50 U.S.C.
614	614	Section 1601 et seq.); or
615	615	(ii) the Robert T. Stafford Disaster Relief
616	616	and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.).
617	617	(3) "Person" means any individual other than one
618	618	described by:
619	619	(A) the first sentence of Section 1 of the
620	620	Fourteenth Amendment to the United States Constitution; or
621	621	(B) 8 U.S.C. Section 1101(a)(20).
622	622	(4) "Port of entry" means a port of entry described by
623	623	Part 101, Title 19, Code of Federal Regulations (19 C.F.R. part
624	624	101), or 22 C.F.R. Section 40.1.
625	625	Sec. 81A.002. SUSPENSION OF ENTRY. (a) To the extent
626	626	consistent with the United States Constitution, all persons
627	627	entering this state by land from another country must pass through a
628	628	port of entry for appropriate medical review during:
629	629	(1) the pendency of any federally declared public
630	630	health emergency for COVID-19;
631	631	(2) any time that a federal agency has in place any
632	632	vaccination requirement for any person lawfully residing in the
633	633	United States, including government contractors or health care
634	634	workers, for the purposes of preventing the spread of COVID-19 in
635	635	the United States; or
636	636	(3) any time the United States Department of State has
637	637	in place any travel warning related to COVID-19 for any country from
638	638	which citizens have unlawfully entered the United States during the
639	639	most recent year for which there is available data.
640	640	(b) A person who enters this state from a foreign country
641	641	other than in accordance with Subsection (a), to the extent
642	642	consistent with the United States Constitution, shall be removed to
643	643	the country from which they entered the United States, their
644	644	country of origin, or another location as practicable, as rapidly
645	645	as possible with as little time spent in congregate settings as
646	646	practicable under the circumstances.
647	647	SECTION 4.02. (a) Mindful of Leavitt v. Jane L., 518 U.S.
648	648	137 (1996), in which in the context of determining the severability
649	649	of a state statute the Supreme Court of the United States held that
650	650	an explicit statement of legislative intent is controlling, it is
651	651	the intent of the legislature that every provision, section,
652	652	subsection, sentence, clause, phrase, or word in this article, and
653	653	every application of the provisions in this article to every
654	654	person, group of persons, or circumstances, are severable from each
655	655	other.
656	656	(b) If any application of any provision in this article to
657	657	any person, group of persons, or circumstances is found by a court
658	658	to be invalid, preempted, or unconstitutional, for any reason
659	659	whatsoever, then the remaining applications of that provision to
660	660	all other persons and circumstances shall be severed and preserved,
661	661	and shall remain in effect. All constitutionally valid
662	662	applications of the provisions in this article shall be severed
663	663	from any applications that a court finds to be invalid, preempted,
664	664	or unconstitutional, because it is the legislature's intent and
665	665	priority that every single valid application of every statutory
666	666	provision be allowed to stand alone.
667	667	(c) The legislature further declares that it would have
668	668	enacted this article, and each provision, section, subsection,
669	669	sentence, clause, phrase, or word, and all constitutional
670	670	applications of the provisions of this article, irrespective of the
671	671	fact that any provision, section, subsection, sentence, clause,
672	672	phrase, or word, or applications of this article were to be declared
673	673	invalid, preempted, or unconstitutional.
674	674	(d) If any provision of this article is found by any court to
675	675	be unconstitutionally vague, then the applications of that
676	676	provision that do not present constitutional vagueness problems
677	677	shall be severed and remain in force, consistent with the
678	678	severability requirements of Subsections (a), (b), and (c) of this
679	679	section.
680	680	(e) No court may decline to enforce the severability
681	681	requirements of Subsections (a), (b), (c), and (d) of this section
682	682	on the ground that severance would "rewrite" the statute or involve
683	683	the court in legislative or lawmaking activity. A court that
684	684	declines to enforce or enjoins a state official from enforcing a
685	685	statutory provision is never rewriting a statute or engaging in
686	686	legislative or lawmaking activity, as the statute continues to
687	687	contain the same words as before the court's decision. A judicial
688	688	injunction or declaration of unconstitutionality:
689	689	(1) is nothing more than an edict prohibiting
690	690	enforcement of the disputed statute against the named parties to
691	691	that lawsuit, which may subsequently be vacated by a later court if
692	692	that court has a different understanding of the requirements of the
693	693	Texas Constitution or the United States Constitution or federal
694	694	law;
695	695	(2) is not a formal amendment of the language in a
696	696	statute; and
697	697	(3) no more rewrites a statute than a decision by the
698	698	executive not to enforce a duly enacted statute in a limited and
699	699	defined set of circumstances.
700	700	(f) If any state or federal court disregards any of the
701	701	severability requirements in Subsections (a), (b), (c), (d), or (e)
702	702	of this section, and declares or finds any provision of this article
703	703	facially invalid, preempted, or unconstitutional, when there are
704	704	discrete applications of that provision that can be enforced
705	705	against a person, group of persons, or circumstances without
706	706	violating federal law or the federal or state constitutions, then
707	707	that provision shall be interpreted, as a matter of state law, as if
708	708	the legislature had enacted a provision limited to the persons,
709	709	group of persons, or circumstances for which the provision's
710	710	application will not violate federal law or the federal or state
711	711	constitutions, and every court shall adopt this saving construction
712	712	of that provision until the court ruling that pronounced the
713	713	provision facially invalid, preempted, or unconstitutional is
714	714	vacated or overruled.
715	715	ARTICLE 5. LEGISLATIVE OVERSIGHT
716	716	SECTION 5.01. Subtitle C, Title 3, Government Code, is
717	717	amended by adding Chapter 330 to read as follows:
718	718	CHAPTER 330. LEGISLATIVE BORDER SAFETY OVERSIGHT COMMITTEE
719	719	Sec. 330.001. DEFINITION. In this section, "committee"
720	720	means the legislative border safety oversight committee
721	721	established under this chapter.
722	722	Sec. 330.002. ESTABLISHMENT; COMPOSITION. (a) The
723	723	legislative border safety oversight committee is established to:
724	724	(1) provide objective research, analysis, and
725	725	recommendations to help guide state border safety policies;
726	726	(2) provide oversight for the Border Protection Unit
727	727	established under Subchapter S, Chapter 411; and
728	728	(3) perform other duties required by law.
729	729	(b) The committee consists of the following members:
730	730	(1) the lieutenant governor;
731	731	(2) the speaker of the house of representatives;
732	732	(3) four senators appointed by the lieutenant
733	733	governor; and
734	734	(4) four members of the house of representatives
735	735	appointed by the speaker of the house of representatives.
736	736	(c) The lieutenant governor and the speaker of the house of
737	737	representatives are joint chairs of the committee.
738	738	Sec. 330.003. POWERS AND DUTIES. (a) The committee shall:
739	739	(1) use statistical analyses and other research
740	740	methods to conduct an in-depth examination of border safety
741	741	initiatives and programs in this state that includes:
742	742	(A) an assessment of the cost-effectiveness of
743	743	the use of state and local funds in ensuring border safety;
744	744	(B) an identification of critical border safety
745	745	problems; and
746	746	(C) a determination of the state's long-range
747	747	border safety needs;
748	748	(2) recommend to the legislature:
749	749	(A) strategies to solve the problems identified
750	750	under Subdivision (1)(B); and
751	751	(B) policy priorities to address the long-range
752	752	needs determined under Subdivision (1)(C); and
753	753	(3) advise and assist the legislature in developing
754	754	plans, programs, and proposed legislation to improve the
755	755	effectiveness of border safety initiatives and programs.
756	756	(b) The committee has all other powers and duties provided
757	757	to a special committee by:
758	758	(1) Subchapter B, Chapter 301;
759	759	(2) the rules of the senate and the house of
760	760	representatives; and
761	761	(3) policies of the senate and house committees on
762	762	administration.
763	763	Sec. 330.004. MEETINGS; QUORUM. (a) A majority of the
764	764	members of the committee from each house of the legislature
765	765	constitutes a quorum to transact business. If a quorum is present,
766	766	the committee may act on any matter within the committee's
767	767	jurisdiction by a majority vote.
768	768	(b) The committee shall meet as often as necessary to
769	769	perform the committee's duties. Meetings may be held at any time at
770	770	the request of either chair or on written petition of a majority of
771	771	the committee members from each house of the legislature.
772	772	(c) The committee shall meet in the city of Austin, except
773	773	that if a majority of the committee members from each house of the
774	774	legislature agree, the committee may meet in any location
775	775	determined by the committee.
776	776	(d) As an exception to Chapter 551 and other law, for a
777	777	meeting in the city of Austin at which both joint chairs of the
778	778	committee are physically present, any number of the other committee
779	779	members may attend the meeting by use of telephone conference call,
780	780	videoconference call, or other similar technology. This subsection
781	781	applies for purposes of establishing a quorum or voting or any other
782	782	purpose allowing the members to fully participate in any committee
783	783	meeting. This subsection applies without regard to the subject or
784	784	topics considered by the members at the meeting.
785	785	(e) A committee meeting held by use of telephone conference
786	786	call, videoconference call, or other similar technology:
787	787	(1) is subject to the notice requirements applicable
788	788	to other meetings;
789	789	(2) must specify in the notice of the meeting the
790	790	location in the city of Austin at which the joint chairs will be
791	791	physically present;
792	792	(3) must be open to the public and audible to the
793	793	public at the location specified in the notice under Subdivision
794	794	(2); and
795	795	(4) must provide two-way audio communication between
796	796	all committee members attending the meeting during the entire
797	797	meeting, and if the two-way audio communication link with any
798	798	member attending the meeting is disrupted at any time, the meeting
799	799	may not continue until the two-way audio communication link is
800	800	reestablished.
801	801	Sec. 330.005. STAFF; AUTHORITY TO CONTRACT. The committee
802	802	may hire staff or may contract with universities or other suitable
803	803	entities to assist the committee in carrying out the committee's
804	804	duties. Funding to support the operation of the committee shall be
805	805	provided from funds appropriated to the Texas Legislative Council.
806	806	Sec. 330.006. REPORT. Not later than January 1 of each
807	807	odd-numbered year, the committee shall submit to the legislature a
808	808	report that contains the recommendations described by Section
809	809	330.003(a)(2).
810	810	ARTICLE 6. SEVERABILITY; TRANSITIONS; EFFECTIVE DATE
811	811	SECTION 6.01. (a) If any provision of this Act or its
812	812	application to any person or circumstance is held invalid, the
813	813	invalidity does not affect other provisions or applications of this
814	814	Act that can be given effect without the invalid provision or
815	815	application, and to this end the provisions of this Act are declared
816	816	to be severable.
817	817	(b) Subsection (a) of this section does not affect another
818	818	severability provision contained in this Act.
819	819	SECTION 6.02. It is the intent of the 89th Legislature,
820	820	Regular Session, 2025, that the amendments made by this Act be
821	821	harmonized with another Act of the 89th Legislature, Regular
822	822	Session, 2025, relating to nonsubstantive additions to and
823	823	corrections in enacted codes.
824	824	SECTION 6.03. This Act takes effect immediately if it
825	825	receives a vote of two-thirds of all the members elected to each
826	826	house, as provided by Section 39, Article III, Texas Constitution.
827	827	If this Act does not receive the vote necessary for immediate
828	828	effect, this Act takes effect September 1, 2025.