| 1 | 1 | | 89R2561 SCF-D |
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| 2 | 2 | | By: Hall S.B. No. 81 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of the Department of Public Safety to act |
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| 10 | 10 | | during a state of invasion or imminent danger on the Texas-Mexico |
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| 11 | 11 | | border. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. The legislature finds this state is "in such |
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| 14 | 14 | | imminent [d]anger as will not admit of delay" and declares |
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| 15 | 15 | | authority to act as provided under Section 10, Article I, United |
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| 16 | 16 | | States Constitution. |
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| 17 | 17 | | SECTION 2. Subchapter A, Chapter 411, Government Code, is |
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| 18 | 18 | | amended by adding Section 411.020945 to read as follows: |
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| 19 | 19 | | Sec. 411.020945. ARTICLE I, SECTION 10 INVOCATION. |
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| 20 | 20 | | Pursuant to a legislative finding or governor's declaration of the |
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| 21 | 21 | | existence of a state of invasion or imminent danger under Section |
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| 22 | 22 | | 10, Article I, United States Constitution, the department may order |
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| 23 | 23 | | personnel under the department's authority to act, and the |
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| 24 | 24 | | personnel may act, as follows to the extent consistent with the |
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| 25 | 25 | | United States and Texas Constitutions: |
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| 26 | 26 | | (1) detect, deter, repel, and prosecute persons |
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| 27 | 27 | | attempting to unlawfully enter this state at locations other than |
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| 28 | 28 | | ports of entry; |
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| 29 | 29 | | (2) return to Mexico illegal aliens who: |
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| 30 | 30 | | (A) have been observed unlawfully crossing the |
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| 31 | 31 | | Texas-Mexico border; and |
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| 32 | 32 | | (B) were apprehended, detained, or arrested in |
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| 33 | 33 | | the vicinity of the Texas-Mexico border; |
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| 34 | 34 | | (3) enhance the examination of aircraft, ships, |
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| 35 | 35 | | vehicles, railcars, and cargo at or near ports of entry for the |
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| 36 | 36 | | purposes of interdicting fentanyl and other dangerous drugs and |
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| 37 | 37 | | interdicting human smuggling; and |
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| 38 | 38 | | (4) use force to detect, repel, apprehend, detain, and |
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| 39 | 39 | | arrest known transnational cartel operatives in the border region. |
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| 40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2025. |
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