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