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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of this state and its citizens from |
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border invasion or imminent danger from border security breaches; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Government Code, is amended |
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by adding Chapter 425 to read as follows: |
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CHAPTER 425. BORDER INVASION AND IMMINENT DANGER |
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Sec. 425.001. DEFINITIONS. In this chapter: |
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(1) "Port of entry" has the meaning assigned by |
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Section 621.001, Transportation Code. |
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(2) "Remove" means to transfer and expel individuals |
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in this state that have made an unlawful entry into the United |
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States to a location outside the border of the United States. |
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(3) "Repel" means to prevent the unlawful entry of |
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individuals, vehicles, or other animate or inanimate objects into |
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this state through the use of physical barriers, technology, or |
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other rules of engagement. The term includes preventing the |
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unauthorized entry of an individual at a port of entry. |
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(4) "Texas military forces" means the Texas National |
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Guard, the Texas State Guard, and any other military force |
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organized under state law. |
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(5) "Unlawful entry" means entering the United States |
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at any place other than a legal port of entry. |
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Sec. 425.002. DECLARATION OF INVASION OR IMMINENT DANGER. |
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(a) The governor may issue a declaration of imminent danger if the |
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governor finds that: |
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(1) the safety and security of this state and its |
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citizens are in imminent danger from threats by the unsecured |
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southern border of this state; and |
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(2) action to secure the border must be taken without |
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delay. |
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(b) The governor may issue a declaration of invasion if the |
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governor finds that this state is under invasion. |
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(c) The legislature may, by concurrent resolution adopted |
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by both houses of the legislature, issue a declaration of imminent |
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danger if the legislature finds that: |
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(1) the safety and security of this state and its |
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citizens are in imminent danger from threats by the unsecured |
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southern border of this state; and |
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(2) action to secure the border must be taken without |
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delay. |
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(d) The legislature may, by concurrent resolution adopted |
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by both houses of the legislature, issue a declaration of invasion |
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if the legislature finds that this state is under invasion. |
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Sec. 425.003. REQUIREMENT TO REPEL OR REMOVE. (a) During a |
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declaration of invasion or a declaration of imminent danger, the |
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Texas military forces and any law enforcement or peace officer in |
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this state shall take action necessary to repel any individual, |
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vehicle, or other animate or inanimate object attempting to make an |
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unlawful entry into this state. |
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(b) An individual who has made an unlawful entry into this |
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state shall be arrested and prosecuted for any violation of state |
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law before the individual is removed. |
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Sec. 425.004. TRANSPORT OF UNLAWFUL ENTRANTS PROHIBITED; |
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OFFENSE; FORFEITURE. (a) An individual commits an offense if the |
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individual knowingly transports another individual who has made an |
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unlawful entry into this state during a declaration of imminent |
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danger or declaration of invasion. |
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(b) An offense under this section is punishable in the |
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manner provided by Section 20.05(b), Penal Code, for the punishment |
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of the offenses included in that section. |
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(c) If a person is convicted of an offense under this |
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section, the court in its judgment of conviction shall order the |
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forfeiture of all contraband that is used in the commission of the |
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offense, as provided by Chapter 59, Code of Criminal Procedure. |
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Sec. 425.005. HANDOVER OF UNLAWFUL ENTRANTS TO FEDERAL |
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AUTHORITIES PROHIBITED. During a declaration of imminent danger or |
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a declaration of invasion, a member of the Texas military forces or |
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a law enforcement or peace officer in this state is prohibited from |
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handing over individuals who have made an unlawful entry to federal |
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authorities if the policies under which the federal authority is |
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operating would result in the release into the United States of |
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individuals who have made an unlawful entry. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |