Bill Text: TX HB44 | 2023 | 88th Legislature 2nd Special Session | Introduced
Bill Title: Relating to measures to ensure the safety and welfare of the southern border region of this state, including protection from ongoing criminal activity and public health threats; creating a criminal offense; creating a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-06-28 - Filed [HB44 Detail]
Download: Texas-2023-HB44-Introduced.html
| By: Troxclair | H.B. No. 44 | |
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| relating to measures to ensure the safety and welfare of the | ||
| southern border region of this state, including protection from | ||
| ongoing criminal activity and public health threats; creating a | ||
| criminal offense; creating a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| ARTICLE 1. GENERAL PROVISIONS | ||
| SECTION 1.01. SHORT TITLE. This Act shall be known as the | ||
| Border Protection Unit Act. | ||
| SECTION 1.02. FINDINGS. (a) The legislature finds that: | ||
| (1) The security of Texans and the sovereignty of the | ||
| state has been threatened by the deadly activities of transnational | ||
| cartels operating throughout the State of Texas and the United | ||
| States; | ||
| (2) Many Texans have lost the peaceful use and | ||
| enjoyment of their properties due to criminal activities along the | ||
| border; | ||
| (3) Lethal quantities of opioids such as fentanyl are | ||
| being trafficked into Texas and resulting in the poisoning deaths | ||
| of thousands of people throughout the country; | ||
| (4) Texas is in such imminent danger as will not admit | ||
| of delay, and now declares authority under Article 1, § 10 of the | ||
| U.S. Constitution; | ||
| (5) The Legislature, acting with the Governor, has the | ||
| solemn duty to protect and defend the citizens of Texas, and | ||
| maintain the sovereignty of Texas borders. | ||
| SECTION 1.03. Article 2.12, Code of Criminal Procedure, is | ||
| amended by amending Subsection (4) to read as follows: | ||
| (4) rangers, officers, and members of the reserve | ||
| officer corps commissioned by the Public Safety Commission, [ |
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| the Director of the Department of Public Safety, and the unit chief | ||
| of the Border Protection Unit; | ||
| SECTION 1.04. Section 411.001, Government Code, is amended | ||
| to read as follows: | ||
| Sec. 411.001. DEFINITIONS. In this chapter: | ||
| (1) "Commission" means the Public Safety Commission. | ||
| (2) "Department" means the Department of Public Safety | ||
| of the State of Texas. | ||
| (3) "Director" means the public safety director. | ||
| (4) "Internet" means the largest nonproprietary | ||
| nonprofit cooperative public computer network, popularly known as | ||
| the Internet. | ||
| (5) "Unit" means the Border Protection Unit. | ||
| (6) "Unit chief" means the person charged with | ||
| directing the unit. | ||
| ARTICLE 2. POWERS AND DUTIES | ||
| SECTION 2.01. Section 411.002, Government Code, is amended | ||
| by amending Subsection (a) to read as follows: | ||
| (a) The Department of Public Safety of the State of Texas is | ||
| an agency of the state to enforce the laws protecting the public | ||
| safety, [ |
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| and to defend and secure the Texas air, maritime, and land border. | ||
| The department is composed of the Texas Rangers, the Texas Highway | ||
| Patrol, the Border Protection Unit, the administrative division, | ||
| and other divisions that the commission considers necessary. | ||
| SECTION 2.02. Sections 411.004, Government Code, is amended | ||
| by amending Subdivision (1) to read as follows: | ||
| (1) formulate plans and policies for: | ||
| (A) enforcement of state criminal, traffic, and | ||
| safety laws; | ||
| (B) prevention of crime; | ||
| (C) detection and apprehension of persons who | ||
| violate laws; [ |
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| (D) education of citizens of this state in the | ||
| promotion of public safety and the observance of law; and | ||
| (E) defense and security of the Texas air, | ||
| maritime, and land border. | ||
| SECTION 2.03. Chapter 411, Government Code, is amended by | ||
| adding Sections 411.0055 and 411.0056 to read as follows: | ||
| Sec. 411.0055. BORDER PROTECTION UNIT CHIEF. (a) The | ||
| governor shall appoint a citizen of the United States as border | ||
| protection unit chief. The unit chief serves until removed by the | ||
| governor. | ||
| (b) The unit chief may appoint, with the advice and consent | ||
| of the commission, deputy unit chiefs and assistant unit chiefs who | ||
| shall perform the duties that the unit chief designates. Deputy | ||
| unit chiefs and assistant unit chiefs serve until removed by the | ||
| unit chief. | ||
| (c) The unit chief, deputy unit chiefs, and assistant unit | ||
| chiefs are entitled to annual salaries as provided by the | ||
| legislature. | ||
| Sec. 411.0056. POWERS AND DUTIES OF THE BORDER PROTECTION | ||
| UNIT CHIEF. (a) The unit chief shall: | ||
| (1) be directly responsible to the commission for all | ||
| conduct of the border unit; | ||
| (2) act as the executive director of the unit; | ||
| (3) act with the commission in an advisory capacity, | ||
| without vote; | ||
| (4) adopt rules, subject to commission approval, | ||
| considered necessary for the control of the unit; | ||
| (5) issue commissions as law enforcement officers, | ||
| under the commission's direction, and to such members of the border | ||
| unit; | ||
| (6) create as necessary, with the advice and consent | ||
| of the commission, operational and administrative divisions within | ||
| the unit, and appoint heads of the divisions; | ||
| (7) the unit chief may employ licensed state or local | ||
| law enforcement personnel to participate in unit operations and | ||
| functions. | ||
| (8) the unit chief may employ law-abiding citizens | ||
| without a felony conviction to participate in unit operations and | ||
| functions, but such persons may not have arresting authority unless | ||
| trained and specifically authorized by the governor. | ||
| (9) quarterly, annually, and biennially submit to the | ||
| commission detailed reports of the operation of the unit, including | ||
| statements of its expenditures; and | ||
| (10) prepare, swear to, submit to the governor, and | ||
| file in the department's records a quarterly statement containing | ||
| an itemized list of all money received and its source and all money | ||
| spent and the purposes for which it was spent. | ||
| (b) The unit chief or unit chief's designee shall provide to | ||
| members of the commission and to unit employees, as often as | ||
| necessary, information regarding the requirements for office or | ||
| employment under this chapter, including information regarding a | ||
| person's responsibilities under applicable laws relating to | ||
| standards of conduct for state officers or employees. | ||
| (c) The powers and duties vested in the director under the | ||
| following Government Code Sections are also vested in the border | ||
| protection unit chief: | ||
| (1) Section 411.007; | ||
| (2) Section 411.0071; | ||
| (3) Section 411.0075; | ||
| (4) Section 411.0079; | ||
| (5) Section 411.009; | ||
| (6) Section 411.0095; | ||
| (7) Section 411.0097; | ||
| (8) Section 411.0097; | ||
| (9) Section 411.0098; | ||
| (10) Section 411.013; | ||
| (11) Section 411.0131; | ||
| (12) Section 411.0132; | ||
| (13) Section 411.0141; | ||
| (14) Section 411.015; | ||
| (15) Section 411.016; | ||
| (16) Section 411.0161; | ||
| (17) Section 411.0162; | ||
| (18) Section 411.0163; | ||
| (19) Section 411.0164; | ||
| (20) Section 411.017; | ||
| (21) Section 411.018; | ||
| (22) Section 411.0207; | ||
| (23) Section 411.0208; | ||
| (24) Section 411.0209; | ||
| (25) Section 411.02095; | ||
| (26) Section 411.041; | ||
| (27) Section 411.043; | ||
| (28) Section 411.044; | ||
| (29) Section 411.045; | ||
| (30) Section 411.048; | ||
| (31) Section 411.0603; | ||
| (32) Section 411.0604; | ||
| (33) Section 411.0865; | ||
| (34) Section 411.087; | ||
| (35) Section 411.0891; | ||
| (36) Section 411.146; | ||
| (37) Section 411.147; | ||
| (38) Section 411.1471; | ||
| (39) Section 411.151; | ||
| (40) Section 411.154; | ||
| (41) Section 411.242; | ||
| (42) Section 411.243; | ||
| (43) Section 411.251; | ||
| (44) Section 411.252; | ||
| (45) Section 411.253; | ||
| (46) Section 411.255; | ||
| (47) Section 411.263; and | ||
| (48) Section 411.506. | ||
| (d) The director may not exercise any operational or | ||
| administrative control of the border protection unit, or the unit | ||
| chief. | ||
| SECTION 2.04. Section 411.006, Government Code, is amended | ||
| by amending Subsection (a) to read as follows: | ||
| Sec. 411.006. DUTIES OF DIRECTOR. (a) The director shall: | ||
| (1) [ |
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| [ |
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| responsible to the commission for all conduct of the Texas Highway | ||
| Patrol, the Texas Rangers, and other administrative divisions and | ||
| departments assigned by the commission [ |
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| [ |
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| capacity, without vote; | ||
| [ |
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| approval, considered necessary for the control of the department; | ||
| [ |
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| officers, under the commission's direction, to all members of the | ||
| Texas Rangers and the Texas Highway Patrol and to other officers of | ||
| the department; | ||
| [ |
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| commission, the head of a division or bureau provided for by this | ||
| chapter; | ||
| [ |
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| to the commission detailed reports of the operation of the | ||
| department, including statements of its expenditures; and | ||
| [ |
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| and file in the department's records a quarterly statement | ||
| containing an itemized list of all money received and its source and | ||
| all money spent and the purposes for which it was spent. | ||
| SECTION 2.05. Section 411.007, Government Code, is amended | ||
| by amending Subsection (a) to read as follows: | ||
| (a) Subject to the provisions of this chapter, the director | ||
| and the unit chief may appoint, promote, reduce, suspend, or | ||
| discharge any officer or employee of the department which has been | ||
| assigned under their authority by the commission. | ||
| SECTION 2.06. Section 411.017, Government Code, is amended | ||
| by amending Subsection (a) to read as follows: | ||
| (a) A person commits an offense if, without the director's | ||
| authorization, the person: | ||
| (1) manufactures, sells, or possesses a badge, | ||
| identification card, or other item bearing a department insignia or | ||
| an insignia deceptively similar to the department's; | ||
| (2) makes a copy or likeness of a badge, | ||
| identification card, or department insignia, with intent to use or | ||
| allow another to use the copy or likeness to produce an item bearing | ||
| the department insignia or an insignia deceptively similar to the | ||
| department's; or | ||
| (3) uses the term "Texas Department of Public Safety," | ||
| "Department of Public Safety," "Texas Ranger," [ |
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| Patrol," or "Border Protection Unit" in connection with an object, | ||
| with the intent to create the appearance that the object belongs to | ||
| or is being used by the department. | ||
| SECTION 2.07. Section 411.251, Government Code, is amended | ||
| by amending Subsection (a) and adding Subsection (c) to read as | ||
| follows: | ||
| (a) The commission shall establish the office of inspector | ||
| general for the department and the office of inspector general for | ||
| the unit. | ||
| (c) The Border Protection Unit inspector general shall be | ||
| appointed by the governor who shall perform the duties of this | ||
| subchapter or as may be provided by law and as the unit chief | ||
| designates. The inspector general shall serve until removed by the | ||
| governor. The Border Protection Unit inspector general is | ||
| responsible for: | ||
| (1) preparing and delivering assessments concerning | ||
| the administration of the unit to the governor, the legislature, | ||
| and the unit chief; | ||
| (2) perform responsibilities affecting the unit as set | ||
| forth in Subsection (c); | ||
| (3) acting to prevent and detect serious breaches of | ||
| departmental policy, fraud, and abuse of office, including any acts | ||
| of criminal conduct within the unit; and | ||
| (4) independently and objectively reviewing, | ||
| investigating, delegating, and overseeing the investigation of: | ||
| (A) conduct described in Subdivision (1); | ||
| (B) criminal activity occurring within the unit; | ||
| (C) allegations of wrongdoing by unit employees; | ||
| (D) crimes committed on unit property; and | ||
| (E) serious breaches of unit policy. | ||
| SECTION 2.08. Chapter 411, Government Code, is amended by | ||
| adding Subchapter S to read as follows: | ||
| SUBCHAPTER S. BORDER PROTECTION UNIT | ||
| Sec. 411.534. COMPOSITION. (a) The Border Protection Unit | ||
| ("the unit") is a division under the commission consisting of the | ||
| number of officers authorized by the legislature and headquartered | ||
| in the border region. The highest ranking officer of the unit is | ||
| the border protection unit chief who shall be appointed by the | ||
| governor, and report directly to the governor. Officers are | ||
| entitled to compensation as provided by the legislature and will be | ||
| recruited and trained within the border region to the fullest | ||
| extent possible. | ||
| (b) the unit chief may employ law-abiding citizens without a | ||
| felony conviction to participate in unit operations and functions, | ||
| but such persons may not have arresting authority unless trained | ||
| and specifically authorized by the governor. | ||
| (c) The unit shall acquire equipment and facilities, and | ||
| conduct training necessary to fulfill the operational, | ||
| intelligence, communication, logistics, and administrative duties | ||
| set forth by the unit chief to include land, air, and maritime | ||
| responsibilities. | ||
| (d) The commission shall transfer existing personnel, | ||
| equipment, and facilities to the unit from within the Department of | ||
| Public Safety as necessary at the discretion of the commission | ||
| while maintaining accountability and adequate support for all | ||
| officers and activities within the commission's responsibility. | ||
| Sec. 411.535. AUTHORITY OF OFFICERS. (a) An officer of the | ||
| unit is governed by the law regulating and defining the powers and | ||
| duties of sheriffs performing similar duties, except that the | ||
| officer may make arrests and execute processes in a criminal case in | ||
| any county. | ||
| (b) Within the State of Texas, officers of the unit may, to | ||
| the extent consistent with the Constitution and federal law, | ||
| arrest, detain, and deter individuals crossing the border | ||
| illegally, including with the use of non-deadly force. | ||
| (c) Notwithstanding any other law, the unit chief, and all | ||
| officers and employees of the unit, as well as law-abiding citizens | ||
| employed, to participate in unit operations under Section | ||
| 411.534(b), shall have immunity from criminal and civil liability | ||
| for any actions taken that are authorized by this subchapter. | ||
| Sec. 411.536. CONSTRUCTION AND MAINTENANCE OF PHYSICAL | ||
| BARRIERS. (a) The unit shall oversee the construction and | ||
| maintenance of walls, fences, and other physical barriers along the | ||
| border with Mexico in order to enhance the safety and security of | ||
| Texans. | ||
| (b) The unit chief, or his designee, is authorized to | ||
| negotiate and acquire the necessary right of way, leases, | ||
| permissions, materials, and services needed to erect, and maintain | ||
| physical barriers. | ||
| (c) The unit may use funds appropriated by the legislature, | ||
| other government funds, or donations from United States citizens | ||
| and domestic entities. | ||
| Sec. 411.537. ARTICLE I § 10 INVOCATION. (a) To the extent | ||
| consistent with the United States and Texas constitutions and | ||
| federal and state law, in the event that the legislature finds, or | ||
| the governor has declared, or declares, a state of invasion or | ||
| imminent danger under Article I § 10 of the U.S. Constitution, the | ||
| unit chief shall be authorized to order the unit to take the | ||
| following actions: | ||
| (1) deter and repel persons attempting to enter the | ||
| State of Texas illegally at locations outside a port of entry, to | ||
| the extent consistent with the United States and Texas | ||
| constitutions and federal immigration laws; | ||
| (2) within the State of Texas, return aliens to Mexico | ||
| who have been observed actually crossing the Mexican border | ||
| illegally, and were apprehended or detained in the immediate | ||
| vicinity of the border, to the extent consistent with the United | ||
| States and Texas constitutions and federal immigration laws; | ||
| (3) use force to repel, arrest, and detain known | ||
| transnational cartel operatives in the border region, to the extent | ||
| consistent with the United States and Texas constitutions and | ||
| federal immigration laws. | ||
| Sec. 411.538. QUALIFICATIONS. (a) To be commissioned as an | ||
| officer of the Border Protection Unit, a person must: | ||
| (1) be a U.S. citizen or legal permanent resident; | ||
| (2) be a graduate of a Texas police academy; | ||
| (3) have experience as a sworn law-enforcement officer | ||
| in another state or federal law-enforcement agency; or | ||
| (4) be appointed or employed per the criteria provided | ||
| in Section 411.534(b) of this Act. | ||
| (b) The border protection unit is an equal employment | ||
| opportunity employer, and it may not discriminate against or give | ||
| preferential treatment to any employee or job applicant on account | ||
| of the individual's race, color, sex, national origin, or religion. | ||
| Sec. 411.539. TERM OF AUTHORIZATION. The unit is | ||
| established upon passage of this act, subject to appropriations | ||
| from the legislature, and shall continue in operation until | ||
| December 31, 2030. The legislature shall reauthorize the unit | ||
| prior to its sunset date or the entity is considered to be | ||
| effectively abolished. | ||
| Sec. 411.540. RULEMAKING AUTHORITY. The unit chief of the | ||
| unit may promulgate such substantive or procedural rules as may be | ||
| required to carry out the general administration of the unit, | ||
| including, but not limited to: procurement of facilities, training | ||
| and equipment, and effectuation of personnel policies. | ||
| Sec. 411.541. OPERATIONAL PLAN TO COORDINATE BORDER | ||
| SECURITY. (a) The unit shall develop and recommend to the governor | ||
| and report to the legislature a strategic plan that establishes the | ||
| framework for the budgeting and operation of the unit, including | ||
| homeland security strategies, administered by assisting agencies. | ||
| The unit shall annually report to the governor and the legislature | ||
| on the implementation of the strategic plan. | ||
| (b) The unit shall include in the strategic plan goals, | ||
| objectives, and performance measures that involve collaboration | ||
| with other state agencies, and local entities. | ||
| (c) The unit shall create plans and conduct operations | ||
| consistent with the strategic plan. | ||
| (d) The operational plan under this section shall evaluate 8 | ||
| U.S.C. § 1325(a) and other federal laws relating to the requirement | ||
| that border crossings occur only at designated ports of entry. | ||
| Sec. 411.542. SEVERABILITY. (a) Mindful of Leavitt v. Jane | ||
| L., 518 U.S. 137 (1996), in which in the context of determining the , 518 U.S. 137 (1996), in which in the context of determining the | ||
| severability of a state statute the Supreme Court of the United | ||
| States held that an explicit statement of legislative intent is | ||
| controlling, it is the intent of the legislature that every | ||
| provision, section, subsection, sentence, clause, phrase, or word | ||
| in this subchapter, and every application of the provisions in this | ||
| subchapter to every person, group of persons, or circumstances, are | ||
| severable from each other. | ||
| (b) If any application of any provision in this subchapter | ||
| to any person, group of persons, or circumstances is found by a | ||
| court to be invalid, preempted, or unconstitutional, for any reason | ||
| whatsoever, then the remaining applications of that provision to | ||
| all other persons and circumstances shall be severed and preserved, | ||
| and shall remain in effect. All constitutionally valid | ||
| applications of the provisions in this subchapter shall be severed | ||
| from any applications that a court finds to be invalid, preempted, | ||
| or unconstitutional, because it is the legislature's intent and | ||
| priority that every single valid application of every statutory | ||
| provision be allowed to stand alone. | ||
| (c) The legislature further declares that it would have | ||
| enacted this subchapter, and each provision, section, subsection, | ||
| sentence, clause, phrase, or word, and all constitutional | ||
| applications of the provisions of this subchapter, irrespective of | ||
| the fact that any provision, section, subsection, sentence, clause, | ||
| phrase, or word, or applications of this subchapter were to be | ||
| declared invalid, preempted, or unconstitutional. | ||
| (d) If any provision of this subchapter is found by any | ||
| court to be unconstitutionally vague, then the applications of that | ||
| provision that do not present constitutional vagueness problems | ||
| shall be severed and remain in force, consistent with the | ||
| severability requirements of Subsections (a), (b), and (c). | ||
| (e) No court may decline to enforce the severability | ||
| requirements of Subsections (a), (b), (c), and (d) on the ground | ||
| that severance would "rewrite" the statute or involve the court in | ||
| legislative or lawmaking activity. A court that declines to | ||
| enforce or enjoins a state official from enforcing a statutory | ||
| provision is never rewriting a statute or engaging in legislative | ||
| or lawmaking activity, as the statute continues to contain the same | ||
| words as before the court's decision. A judicial injunction or | ||
| declaration of unconstitutionality: | ||
| (1) is nothing more than an edict prohibiting | ||
| enforcement of the disputed statute against the named parties to | ||
| that lawsuit, which may subsequently be vacated by a later court if | ||
| that court has a different understanding of the requirements of the | ||
| Texas Constitution or the United States Constitution or federal | ||
| law; | ||
| (2) is not a formal amendment of the language in a | ||
| statute; and | ||
| (3) no more rewrites a statute than a decision by the | ||
| executive not to enforce a duly enacted statute in a limited and | ||
| defined set of circumstances. | ||
| (f) If any state or federal court disregards any of the | ||
| severability requirements in Subsections (a), (b), (c), (d), or | ||
| (e), and declares or finds any provision of this subchapter | ||
| facially invalid, preempted, or unconstitutional, when there are | ||
| discrete applications of that provision that can be enforced | ||
| against a person, group of persons, or circumstances without | ||
| violating federal law or the federal or state constitutions, then | ||
| that provision shall be interpreted, as a matter of state law, as if | ||
| the legislature had enacted a provision limited to the persons, | ||
| group of persons, or circumstances for which the provision's | ||
| application will not violate federal law or the federal or state | ||
| constitutions, and every court shall adopt this saving construction | ||
| of that provision until the court ruling that pronounced the | ||
| provision facially invalid, preempted, or unconstitutional is | ||
| vacated or overruled. | ||
| ARTICLE 3. TRESPASS | ||
| SECTION 3.01. Chapter 30, Penal Code, is amended by adding | ||
| Section 30.08 to read as follows: | ||
| Sec. 30.08. TRESPASS WHILE ENTERING THE STATE OF TEXAS. (a) | ||
| A person commits an offense if the person knowingly enters the | ||
| property of another without effective consent when knowingly | ||
| entering the state of Texas from a neighboring jurisdiction. | ||
| (b) An offense under this section is a third degree felony. | ||
| (c) A person who violates this section is subject to a civil | ||
| penalty of not less than $10,000 for each violation. The attorney | ||
| general may file an action to recover a civil penalty assessed under | ||
| this section and may recover attorney's fees and costs incurred in | ||
| bringing the action. | ||
| (d) The fact that conduct is subject to a civil or criminal | ||
| penalty under this section does not abolish or impair any remedy for | ||
| the conduct that is available in a civil suit. | ||
| SECTION 3.02. Section 17.44, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| (a) A magistrate may require as a condition of release on | ||
| bond that the defendant submit to: | ||
| (1) home confinement and electronic monitoring under | ||
| the supervision of an agency designated by the magistrate; or | ||
| (2) testing on a weekly basis for the presence of a | ||
| controlled substance in the defendant's body. | ||
| (b) In this article, "controlled substance" has the meaning | ||
| assigned by Section 481.002, Health and Safety Code. | ||
| (c) A magistrate shall require as a condition of release on | ||
| bond for someone arrested for the offense of Penal Code 30.08 | ||
| Trespass While Entering the State of Texas that the defendant | ||
| submit to electronic monitoring unless the magistrate makes a | ||
| finding that the defendant is not a flight risk. | ||
| [ |
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| defendant arrested if the defendant: | ||
| (1) violates a condition of home confinement and | ||
| electronic monitoring; | ||
| (2) refuses to submit to a test for controlled | ||
| substances or submits to a test for controlled substances and the | ||
| test indicates the presence of a controlled substance in the | ||
| defendant's body; or | ||
| (3) fails to pay the reimbursement fee for monitoring | ||
| or testing for controlled substances, if payment is ordered under | ||
| Subsection (e) as a condition of bond and the magistrate determines | ||
| that the defendant is not indigent and is financially able to make | ||
| the payments as ordered. | ||
| [ |
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| Texas Department of Criminal Justice may provide grants to counties | ||
| to implement electronic monitoring programs authorized by this | ||
| article. | ||
| [ |
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| controlled substances under this article may be assessed as a | ||
| reimbursement fee or ordered paid directly by the defendant as a | ||
| condition of bond. | ||
| ARTICLE 4. PUBLIC HEALTH EMERGENCY | ||
| SECTION 4.01. Subtitle D, Title 2, Health and Safety Code, | ||
| is amended by adding Chapter 81B to read as follows: | ||
| CHAPTER 81B. SUSPENSION OF ENTRY OF PERSONS FROM DESIGNATED | ||
| PLACES TO PREVENT SPREAD OF COMMUNICABLE DISEASES | ||
| Sec. 81B.001. DEFINITIONS. In this chapter: | ||
| (1) "COVID-19" means the 2019 novel coronavirus | ||
| disease. | ||
| (2) "Federally declared public health emergency" | ||
| means: | ||
| (A) a public health emergency declared by the | ||
| United States Secretary of Health and Human Services under 42 | ||
| U.S.C. Section 247d; or | ||
| (B) an emergency or disaster declared, including | ||
| under a renewal of the declaration, by the president of the United | ||
| States in relation to a public health emergency described by | ||
| Paragraph (A) under: | ||
| (i) the National Emergencies Act (50 U.S.C. | ||
| Section 1601 et seq.); or | ||
| (ii) the Robert T. Stafford Disaster Relief | ||
| and Emergency Assistant Act (42 U.S.C. Section 5121 et seq.). | ||
| (3) "Port of entry" means a port of entry in the United | ||
| States, as defined by part 101 of the customs regulations (19 CFR | ||
| part 101). | ||
| (4) "Person" means any individual other than: | ||
| (A) one described in the first sentence of | ||
| section 1 of the Fourteenth Amendment to the United States | ||
| Constitution; or | ||
| (B) one described in 8 U.S.C. § 1101(a)(20). | ||
| Sec. 81B.002. SUSPENSION OF ENTRY. (a) To the extent | ||
| consistent with the Constitution and federal immigration laws, | ||
| during any of the following, all persons entering Texas by land from | ||
| another country must pass through a legal port of entry for | ||
| appropriate medical review: | ||
| (1) the pendency of any federally declared public | ||
| health emergency for COVID-19, | ||
| (2) at any time which the federal government has in | ||
| place any vaccination requirements for any person lawfully residing | ||
| in the United States, including but not limited to government | ||
| contractors or healthcare workers, for the purposes of preventing | ||
| the spread of COVID-19 in the United States, or | ||
| (3) at any time which the U.S. Department of State has | ||
| travel warnings for COVID-19 for any country from which citizens | ||
| have illegally entered the United States during the most recent | ||
| year for which there is available data. | ||
| (b) Any person who enters the State of Texas from a foreign | ||
| country other than in accordance with Subsection (a), shall, to the | ||
| extent consistent with the Constitution and federal immigration | ||
| laws, be removed to the country from which they entered the United | ||
| States, or their country of origin, or another location as | ||
| practicable, as rapidly as possible, with as little time spent in | ||
| congregate settings as practicable under the circumstances. | ||
| Sec. 81B.003. SEVERABILITY. (a) Mindful of Leavitt v. Jane | ||
| L., 518 U.S. 137 (1996), in which in the context of determining the , 518 U.S. 137 (1996), in which in the context of determining the | ||
| severability of a state statute the Supreme Court of the United | ||
| States held that an explicit statement of legislative intent is | ||
| controlling, it is the intent of the legislature that every | ||
| provision, section, subsection, sentence, clause, phrase, or word | ||
| in this chapter, and every application of the provisions in this | ||
| chapter to every person, group of persons, or circumstances, are | ||
| severable from each other. | ||
| (b) If any application of any provision in this chapter to | ||
| any person, group of persons, or circumstances is found by a court | ||
| to be invalid, preempted, or unconstitutional, for any reason | ||
| whatsoever, then the remaining applications of that provision to | ||
| all other persons and circumstances shall be severed and preserved, | ||
| and shall remain in effect. All constitutionally valid | ||
| applications of the provisions in this chapter shall be severed | ||
| from any applications that a court finds to be invalid, preempted, | ||
| or unconstitutional, because it is the legislature's intent and | ||
| priority that every single valid application of every statutory | ||
| provision be allowed to stand alone. | ||
| (c) The legislature further declares that it would have | ||
| enacted this chapter, and each provision, section, subsection, | ||
| sentence, clause, phrase, or word, and all constitutional | ||
| applications of the provisions of this chapter, irrespective of the | ||
| fact that any provision, section, subsection, sentence, clause, | ||
| phrase, or word, or applications of this chapter were to be declared | ||
| invalid, preempted, or unconstitutional. | ||
| (d) If any provision of this chapter is found by any court to | ||
| be unconstitutionally vague, then the applications of that | ||
| provision that do not present constitutional vagueness problems | ||
| shall be severed and remain in force, consistent with the | ||
| severability requirements of Subsections (a), (b), and (c). | ||
| (e) No court may decline to enforce the severability | ||
| requirements of Subsections (a), (b), (c), and (d) on the ground | ||
| that severance would "rewrite" the statute or involve the court in | ||
| legislative or lawmaking activity. A court that declines to | ||
| enforce or enjoins a state official from enforcing a statutory | ||
| provision is never rewriting a statute or engaging in legislative | ||
| or lawmaking activity, as the statute continues to contain the same | ||
| words as before the court's decision. A judicial injunction or | ||
| declaration of unconstitutionality: | ||
| (1) is nothing more than an edict prohibiting | ||
| enforcement of the disputed statute against the named parties to | ||
| that lawsuit, which may subsequently be vacated by a later court if | ||
| that court has a different understanding of the requirements of the | ||
| Texas Constitution or the United States Constitution or federal | ||
| law; | ||
| (2) is not a formal amendment of the language in a | ||
| statute; and | ||
| (3) no more rewrites a statute than a decision by the | ||
| executive not to enforce a duly enacted statute in a limited and | ||
| defined set of circumstances. | ||
| (f) If any state or federal court disregards any of the | ||
| severability requirements in Subsections (a), (b), (c), (d), or | ||
| (e), and declares or finds any provision of this chapter facially | ||
| invalid, preempted, or unconstitutional, when there are discrete | ||
| applications of that provision that can be enforced against a | ||
| person, group of persons, or circumstances without violating | ||
| federal law or the federal or state constitutions, then that | ||
| provision shall be interpreted, as a matter of state law, as if the | ||
| legislature had enacted a provision limited to the persons, group | ||
| of persons, or circumstances for which the provision's application | ||
| will not violate federal law or the federal or state constitutions, | ||
| and every court shall adopt this saving construction of that | ||
| provision until the court ruling that pronounced the provision | ||
| facially invalid, preempted, or unconstitutional is vacated or | ||
| overruled. | ||
| ARTICLE 5. LEGISLATIVE OVERSIGHT | ||
| SECTION 5.01. Subtitle C, Title 3, Government Code, is | ||
| amended by adding Chapter 331 to read as follows: | ||
| CHAPTER 331. LEGISLATIVE BORDER SAFETY OVERSIGHT COMMITTEE | ||
| Sec. 331.001. DEFINITION. In this section, "committee" | ||
| means the legislative border safety oversight committee | ||
| established under this chapter. | ||
| Sec. 331.002. ESTABLISHMENT; COMPOSITION. (a) The | ||
| legislative border safety oversight committee is established to: | ||
| (1) provide objective research, analysis, and | ||
| recommendations to help guide state border safety policies; | ||
| (2) provide oversight for the border protection unit | ||
| established under Chapter C-1, Chapter 411; and | ||
| (3) perform other duties required by law. | ||
| (b) The committee consists of the following members: | ||
| (1) the lieutenant governor; | ||
| (2) the speaker of the house of representatives; | ||
| (3) four members of the senate appointed by the | ||
| lieutenant governor; and | ||
| (4) four members of the house appointed by the | ||
| speaker. | ||
| (c) The lieutenant governor and the speaker of the house of | ||
| representatives are joint chairs of the committee. | ||
| (d) A majority of the members of the committee from each | ||
| house of the legislature constitutes a quorum to transact business. | ||
| If a quorum is present, the committee may act on any matter within | ||
| the committee's jurisdiction by a majority vote. | ||
| (e) The committee shall meet as often as necessary to | ||
| perform the committee's duties. Meetings may be held at any time at | ||
| the request of either chair or on written petition of a majority of | ||
| the committee members from each house of the legislature. | ||
| (f) The committee shall meet in Austin, except that if a | ||
| majority of the committee members from each house of the | ||
| legislature agree, the committee may meet in any location | ||
| determined by the committee. | ||
| (g) As an exception to Chapter 551, Government Code, and | ||
| other law, for a meeting in Austin at which both joint chairs of the | ||
| committee are physically present, any number of the other committee | ||
| members may attend the meeting by use of telephone conference call, | ||
| video conference call, or other similar telecommunication device. | ||
| This subsection applies for purposes of establishing a quorum or | ||
| voting or any other purpose allowing the members to fully | ||
| participate in any committee meeting. This subsection applies | ||
| without regard to the subject or topics considered by the members at | ||
| the meeting. | ||
| (h) A committee meeting held by use of telephone conference | ||
| call, video conference call, or other similar telecommunication | ||
| device: | ||
| (1) is subject to the notice requirements applicable | ||
| to other meetings; | ||
| (2) must specify in the notice of the meeting the | ||
| location in Austin at which the joint chairs will be physically | ||
| present; | ||
| (3) must be open to the public and audible to the | ||
| public at the location specified in the notice under Subdivision | ||
| (2); and | ||
| (4) must provide two-way audio communication between | ||
| all committee members attending the meeting during the entire | ||
| meeting, and if the two-way audio communication link with any | ||
| member attending the meeting is disrupted at any time, the meeting | ||
| may not continue until the two-way audio communication link is | ||
| reestablished. | ||
| Sec. 331.003. POWERS AND DUTIES. (a) The committee shall: | ||
| (1) use statistical analyses and other research | ||
| methods to conduct an in-depth examination of border safety | ||
| initiatives and programs in this state that includes: | ||
| (A) an assessment of the cost-effectiveness of | ||
| the use of state and local funds in ensuring border safety; | ||
| (B) an identification of critical border safety | ||
| problems; and | ||
| (C) a determination of the state's long-range | ||
| border safety needs; | ||
| (2) recommend to the legislature: | ||
| (A) strategies to solve the problems identified | ||
| under Subdivision (1)(B); and | ||
| (B) policy priorities to address the long-range | ||
| needs determined under Subdivision (1)(C); and | ||
| (3) advise and assist the legislature in developing | ||
| plans, programs, and proposed legislation to improve the | ||
| effectiveness of border safety initiatives and programs. | ||
| (b) The committee has all other powers and duties provided | ||
| to a special committee by: | ||
| (1) Subchapter B, Chapter 301; | ||
| (2) the rules of the senate and the house of | ||
| representatives; and | ||
| (3) policies of the senate and house committees on | ||
| administration. | ||
| Sec. 331.004. STAFF; AUTHORITY TO CONTRACT. The committee | ||
| may hire staff or may contract with universities or other suitable | ||
| entities to assist the committee in carrying out the committee's | ||
| duties. Funding to support the operation of the committee shall be | ||
| provided from funds appropriated to the Texas Legislative Council. | ||
| Sec. 328.005. REPORT. Not later than January 1 of each | ||
| odd-numbered year, the committee shall submit to the legislature a | ||
| report that contains the recommendations described by Section | ||
| 331.003(a)(2). | ||
| ARTICLE 6. SEVERABILITY; EFFECTIVE DATE | ||
| SECTION 6.01. If any provision of this Act or its | ||
| application to any person or circumstance is held invalid, the | ||
| invalidity does not affect other provisions or applications of this | ||
| Act that can be given effect without the invalid provision or | ||
| application, and to this end the provisions of this Act are declared | ||
| to be severable. | ||
| SECTION 6.02. 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, 2023. | ||
