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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Department of Public Safety to act |
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during a state of invasion or imminent danger on the Texas-Mexico |
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border. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds this state is "in such |
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imminent [d]anger as will not admit of delay" and declares |
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authority to act as provided under Section 10, Article I, United |
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States Constitution. |
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SECTION 2. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.020945 to read as follows: |
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Sec. 411.020945. ARTICLE I, SECTION 10 INVOCATION. |
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Pursuant to a legislative finding or governor's declaration of the |
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existence of a state of invasion or imminent danger under Section |
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10, Article I, United States Constitution, the department may order |
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personnel under the department's authority to act, and the |
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personnel may act, as follows to the extent consistent with the |
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United States and Texas Constitutions: |
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(1) detect, deter, repel, and prosecute persons |
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attempting to unlawfully enter this state at locations other than |
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ports of entry; |
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(2) return to Mexico illegal aliens who: |
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(A) have been observed unlawfully crossing the |
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Texas-Mexico border; and |
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(B) were apprehended, detained, or arrested in |
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the vicinity of the Texas-Mexico border; |
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(3) enhance the examination of aircraft, ships, |
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vehicles, railcars, and cargo at or near ports of entry for the |
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purposes of interdicting fentanyl and other dangerous drugs and |
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interdicting human smuggling; and |
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(4) use force to detect, repel, apprehend, detain, and |
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arrest known transnational cartel operatives in the border region. |
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SECTION 3. 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, 2025. |