Bill Text: TX HB1600 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the creation of a criminal offense for illegal entry into this state from Mexico by a person who is not a citizen or legal permanent resident of the United States.
Spectrum: Strong Partisan Bill (Republican 18-1)
Status: (Introduced - Dead) 2023-05-03 - Committee report sent to Calendars [HB1600 Detail]
Download: Texas-2023-HB1600-Comm_Sub.html
| 88R26159 JRR-F | |||
| By: Hefner, Spiller, Orr, Metcalf, | H.B. No. 1600 | ||
| Morales of Maverick, et al. | |||
| Substitute the following for H.B. No. 1600: | |||
| By: Spiller | C.S.H.B. No. 1600 | ||
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| relating to the creation of a criminal offense for illegal entry | ||
| into this state from Mexico by a person who is not a citizen or legal | ||
| permanent resident of the United States. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The legislature finds that: | ||
| (1) Mexican drug cartels are designated as foreign | ||
| terrorist organizations in Executive Order No. GA-42 because they | ||
| have trafficked hundreds of millions of lethal doses of fentanyl | ||
| into this state since 2021; | ||
| (2) to fund this deadly violence, Mexican drug cartels | ||
| have recently smuggled aliens across the Texas-Mexico border at a | ||
| record-setting pace; | ||
| (3) this unprecedented surge of illegal immigration | ||
| has been a declared disaster for Texans since May 31, 2021; | ||
| (4) although an alien commits a federal offense under | ||
| 8 U.S.C. Section 1325(a)(1) and its implementing regulations by | ||
| entering the United States at any time or place other than a | ||
| federally designated port of entry, the federal government has | ||
| ignored repeated demands for aggressive prosecution of these | ||
| illegal-entry offenses by the United States Department of Homeland | ||
| Security and the United States Department of Justice; | ||
| (5) the federal government's refusal to faithfully | ||
| execute 8 U.S.C. Section 1325(a)(1) and other immigration laws | ||
| enacted by Congress has broken the federal government's promise to | ||
| "protect each [state] against invasion" under Section 4, Article | ||
| IV, United States Constitution; | ||
| (6) this federal dereliction of duty has compelled | ||
| this state to protect its own border against invasion by Mexican | ||
| drug cartels using the sovereign powers reserved to the states; | ||
| (7) as "Commander-in-Chief of the military forces of | ||
| the State," the governor has the power to "call forth the militia to | ||
| execute the laws of the State" to "repel invasions" under Section 7, | ||
| Article IV, Texas Constitution; and | ||
| (8) the governor has the authority to protect Texans | ||
| from cartel violence and defend the state's territorial integrity | ||
| by enforcing a state-law version of the illegal-entry offense that | ||
| the federal government has refused to use under 8 U.S.C. Section | ||
| 1325(a)(1). | ||
| SECTION 2. Chapter 38, Penal Code, is amended by adding | ||
| Section 38.20 to read as follows: | ||
| Sec. 38.20. ILLEGAL ENTRY FROM MEXICO. (a) In this | ||
| section, "port of entry" has the meaning assigned by 19 C.F.R. | ||
| Section 101.1, as that provision existed on January 1, 2023. | ||
| (b) A person who is not a citizen or legal permanent | ||
| resident of the United States commits an offense if the person | ||
| enters or attempts to enter this state by crossing its border with | ||
| Mexico at any location other than a port of entry. | ||
| (c) An offense under this section is a felony of the third | ||
| degree, except that the offense is a felony of the second degree if | ||
| it is shown on the trial of the offense that the actor has | ||
| previously been convicted of an offense under this section. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
