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A BILL TO BE ENTITLED
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AN ACT
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relating to illegal entry into this state from Mexico by a person |
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who is not a citizen or legal permanent resident of the United |
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States; creating criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 10, Penal Code, is amended by adding |
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Chapter 51 to read as follows: |
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CHAPTER 51. ILLEGAL ENTRY FROM MEXICO |
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Sec. 51.01. DEFINITION. In this chapter, "port of entry" |
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means a port of entry as designated by 19 C.F.R. Part 101. |
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Sec. 51.02. ILLEGAL ENTRY FROM MEXICO. (a) A person who is |
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not a citizen or legal permanent resident of the United States |
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commits an offense if the person enters or attempts to enter this |
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state by crossing its border with Mexico at any place other than a |
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port of entry. |
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(b) An offense under this section is a Class B misdemeanor, |
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except that the offense is a state jail felony if it is shown on the |
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trial of the offense that the actor has previously been finally |
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convicted of an offense under this section. |
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(c) A peace officer may, in lieu of arrest, remove a person |
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detained for an offense under this section by collecting any |
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identifying information the person may have, transporting the |
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person to a port of entry, and ordering the person to return to |
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Mexico. |
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(d) A law enforcement officer of the Department of Public |
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Safety who arrests a person for an offense under this section shall, |
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to the extent feasible, detain the person in a facility established |
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under Operation Lone Star or a similar border security operation of |
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this state. |
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(e) A court may not abate the prosecution of an offense |
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under this section on the basis that a federal determination |
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regarding the immigration status of the actor is pending. |
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Sec. 51.03. REFUSAL TO COMPLY WITH ORDER TO RETURN TO |
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MEXICO. (a) A person commits an offense if, following the |
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commission of an offense under Section 51.02(a), the person refuses |
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to comply with an order to return to Mexico delivered by a peace |
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officer under Section 51.02(c). |
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(b) An offense under this section is a felony of the second |
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degree. |
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SECTION 2. Section 102.002, Civil Practice and Remedies |
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Code, is amended by adding Subsection (b-1) to read as follows: |
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(b-1) A local government shall pay actual damages, court |
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costs, and attorney's fees awarded against an employee of the local |
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government if the damages arise from a cause of action resulting |
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from actions taken by the person to enforce Chapter 51, Penal Code, |
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during the course and scope of the person's employment for the local |
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government. |
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SECTION 3. Section 104.002(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) Except as provided by Subsection (b), the state is |
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liable for indemnification under this chapter only if the damages |
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are based on an act or omission by the person in the course and scope |
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of the person's office, employment, or contractual performance for |
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or service on behalf of the agency, institution, or department and |
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if: |
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(1) the damages arise out of a cause of action for |
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negligence, except a wilful or wrongful act or an act of gross |
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negligence; [or] |
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(2) the damages arise out of a cause of action for |
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deprivation of a right, privilege, or immunity secured by the |
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constitution or laws of this state or the United States, except when |
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the court in its judgment or the jury in its verdict finds that the |
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person acted in bad faith, with conscious indifference or reckless |
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disregard; [or] |
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(3) the damages arise out of a cause of action |
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resulting from actions taken by the person to enforce Chapter 51, |
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Penal Code; or |
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(4) indemnification is in the interest of the state as |
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determined by the attorney general or his designee. |
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SECTION 4. Section 157.903, Local Government Code, is |
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amended to read as follows: |
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Sec. 157.903. AUTHORITY TO INDEMNIFY ELECTED AND APPOINTED |
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COUNTY OFFICERS; INDEMNIFICATION REQUIRED IN CERTAIN CASES. (a) |
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The commissioners court of a county by order may provide for the |
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indemnification of an elected or appointed county officer against |
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personal liability for the loss of county funds, or loss of or |
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damage to personal property, incurred by the officer in the |
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performance of official duties if the loss was not the result of the |
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officer's negligence or criminal action. |
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(b) If a county adopts an indemnification order under |
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Subsection (a), the order must indemnify an elected or appointed |
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county officer for damages resulting from actions taken by the |
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officer to enforce Chapter 51, Penal Code, during the performance |
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of official duties. |
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SECTION 5. It is the intent of the legislature that every |
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provision, section, subsection, sentence, clause, phrase, or word |
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in this Act, and every application of the provisions in this Act to |
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every person, group of persons, or circumstances, is severable from |
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each other. If any application of any provision in this Act to any |
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person, group of persons, or circumstances is found by a court to be |
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invalid for any reason, the remaining applications of that |
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provision to all other persons and circumstances shall be severed |
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and may not be affected. |
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SECTION 6. This Act takes effect July 1, 2023, if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for effect on that |
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date, this Act takes effect September 1, 2023. |