BILL ANALYSIS

C.S.H.B. 176

By: Guillen

Intergovernmental Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

During the 88th Legislative Session, the legislature passed S.B. 1403, which authorized the governor to develop and execute an interstate compact on border security. The bill author has informed the committee that border security circumstances have evolved in response to shifting dynamics and emerging challenges, and that there is a need to update the compact provisions to address additional matters relating to illegal immigration. C.S.H.B. 176 would require the compact to provide for joint action among member states for the purposes of ensuring the operational control of the Texas-Mexico border, to the greatest extent possible given the resources available, and providing mutual support for applicable resources. The bill additionally authorizes the compact to provide for joint action among member states on the execution of agreements with federal agencies for the purpose of enforcing immigration laws.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 176 amends the Government Code to include the following as matters for which an interstate compact for border security must provide joint action among compacting states:

· to the greatest extent possible given the resources available, ensuring the operational control of the Texas-Mexico border; and

· providing mutual support for the resources, including infrastructure, equipment, software, and personnel, that are necessary or convenient to ensure that the purposes described by provisions regarding joint action on certain matters are adequately supported and achieved.

The bill authorizes the compact, at the discretion of individual states, to provide for joint action among compacting states on the execution and enforcement of agreements or memoranda of understanding with the U.S. Department of Justice, the U.S. Department of Homeland Security, or any other federal agency for the purpose of enforcing immigration laws, including agreements with the U.S. Immigration and Customs Enforcement under provisions of the federal Immigration and Nationality Act relating to the performance of immigration officer functions by state officers and employees, or a successor federal program.

C.S.H.B. 176 applies only to an interstate compact for border security entered into on or after the bill's effective date. An interstate compact for border security entered into before the bill's effective date is governed by the law in effect on the date the interstate compact was entered into, and the former law is continued in effect for that purpose.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 176 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Both the introduced and substitute require an interstate compact for border security to provide for joint action among compacting states on certain matters in addition to those specified under current law, but the versions differ as follows:

· both versions include ensuring the operational control of the Texas-Mexico border among those matters, but the substitute omits the specification from the introduced that such control is ensured through the detection and apprehension or deflection of illegal aliens attempting to cross that border into Texas; and

· the introduced included among those matters the enforcement of federal immigration laws, including the laws governing detecting, apprehending, detaining, prosecuting, releasing, and monitoring illegal aliens, whereas the substitute does not.

Accordingly, the substitute omits the definition of "illegal alien" that was present in the introduced.

The substitute includes an authorization not in the introduced for the compact, at the discretion of individual states, to provide for joint action among compacting states on the execution and enforcement of agreements or memoranda of understanding with federal agencies for the purpose of enforcing immigration laws.