By: Schaefer H.B. No.

20
By: Schaefer H.B. No. _____

A BILL TO BE ENTITLED

1 AN ACT

2 relating to measures to ensure the safety and welfare of the

3 southern border region of this state, including protection from

4 ongoing criminal activity and public health threats; creating a

5 criminal offense; creating a civil penalty.

6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

7 ARTICLE 1. GENERAL PROVISIONS

8 SECTION 1.01. SHORT TITLE. This Act shall be known as the

9 Border Protection Unit Act.

10 SECTION 1.02. FINDINGS. (a) The legislature finds that:

11 (1) The security of Texans and the sovereignty of the

12 state has been threatened by the deadly activities of transnational

13 cartels operating throughout the State of Texas and the United

14 States;

15 (2) Many Texans have lost the peaceful use and enjoyment

16 of their properties due to criminal activities along the border;

17 (3) Lethal quantities of opioids such as fentanyl are

18 being trafficked into Texas and resulting in the poisoning deaths

19 of thousands of people throughout the country;

20 (4) Texas is in such imminent danger as will not admit

21 of delay, and now declares authority under Article 1, § 10 of the

22 U.S. Constitution;

23 (5) The Legislature, acting with the Governor, has the

24 solemn duty to protect and defend the citizens of Texas, and

1
As Received
 1 maintain the sovereignty of Texas borders.

2 SECTION 1.03. Article 2.12, Code of Criminal Procedure, is

3 amended by amending Subsection (4) to read as follows:

4 (4) rangers, officers, and members of the reserve

5 officer corps commissioned by the Public Safety Commission, [and]

6 the Director of the Department of Public Safety, and the unit chief

7 of the Border Protection Unit;

8 SECTION 1.04. Section 411.001, Government Code, is amended to

9 read as follows:

10 Sec. 411.001. DEFINITIONS. In this chapter:

11 (1) "Commission" means the Public Safety Commission.

12 (2) "Department" means the Department of Public Safety

13 of the State of Texas.

14 (3) "Director" means the public safety director.

15 (4) "Internet" means the largest nonproprietary

16 nonprofit cooperative public computer network, popularly known as

17 the Internet.

18 (5) "Unit" means the Border Protection Unit.

19 (6) "Unit chief” means the person charged with

20 directing the unit.

21 ARTICLE 2. POWERS AND DUTIES

22 SECTION 2.01. Section 411.002, Government Code, is amended by

23 amending Subsection (a) to read as follows:

24 (a) The Department of Public Safety of the State of Texas is

25 an agency of the state to enforce the laws protecting the public

26 safety, [and] provide for the prevention and detection of crime,

2
 1 and to defend and secure the Texas air, maritime, and land border.

2 The department is composed of the Texas Rangers, the Texas Highway

3 Patrol, the Border Protection Unit, the administrative division,

4 and other divisions that the commission considers necessary.

5 SECTION 2.02. Sections 411.004, Government Code, is amended

6 by amending Subdivision (1) to read as follows:

7 (1) formulate plans and policies for:

8 (A) enforcement of state criminal, traffic, and

9 safety laws;

10 (B) prevention of crime;

11 (C) detection and apprehension of persons who

12 violate laws; [and]

13 (D) education of citizens of this state in the

14 promotion of public safety and the observance of law; and

15 (E) defense and security of the Texas air,

16 maritime, and land border.

17 SECTION 2.03. Chapter 411, Government Code, is amended by

18 adding Sections 411.0055 and 411.0056 to read as follows:

19 Sec. 411.0055. BORDER PROTECTION UNIT CHIEF. (a) The

20 governor shall appoint a citizen of the United States as border

21 protection unit chief. The unit chief serves until removed by the

22 governor.

23 (b) The unit chief may appoint, with the advice and consent

24 of the commission, deputy unit chiefs and assistant unit chiefs

25 who shall perform the duties that the unit chief designates.

3
1 Deputy unit chiefs and assistant unit chiefs serve until removed

2 by the unit chief.

3 (c) The unit chief, deputy unit chiefs, and assistant unit

4 chiefs are entitled to annual salaries as provided by the

5 legislature.

6 Sec. 411.0056. POWERS AND DUTIES OF THE BORDER PROTECTION

7 UNIT CHIEF. (a) The unit chief shall:

8 (1) be directly responsible to the commission for all

9 conduct of the border unit;

10 (2) act as the executive director of the unit;

11 (3) act with the commission in an advisory capacity,

12 without vote;

13 (4) adopt rules, subject to commission approval,

14 considered necessary for the control of the unit;

15 (5) issue commissions as law enforcement officers,

16 under the commission's direction, and to such members of the border

17 unit;

18 (6) create as necessary, with the advice and consent of

19 the commission, operational and administrative divisions within

20 the unit, and appoint heads of the divisions;

21 (7) the unit chief may employ licensed state or local

22 law enforcement personnel to participate in unit operations and

23 functions.

24 (8) the unit chief may employ law-abiding citizens

25 without a felony conviction to participate in unit operations and

4
1 functions, but such persons may not have arresting authority unless

2 trained and specifically authorized by the governor.

3 (9) quarterly, annually, and biennially submit to the

4 commission detailed reports of the operation of the unit, including

5 statements of its expenditures; and

6 (10) prepare, swear to, submit to the governor, and

7 file in the department's records a quarterly statement containing

8 an itemized list of all money received and its source and all money

9 spent and the purposes for which it was spent.

10 (b) The unit chief or unit chief's designee shall provide to

11 members of the commission and to unit employees, as often as

12 necessary, information regarding the requirements for office or

13 employment under this chapter, including information regarding a

14 person's responsibilities under applicable laws relating to

15 standards of conduct for state officers or employees.

16 (c) The powers and duties vested in the director under the

17 following Government Code Sections are also vested in the border

18 protection unit chief:

19 (1) Section 411.007;

20 (2) Section 411.0071;

21 (3) Section 411.0075;

22 (4) Section 411.0079;

23 (5) Section 411.009;

24 (6) Section 411.0095;

25 (7) Section 411.0097;

26 (8) Section 411.0097;

5
1 (9) Section 411.0098;

2 (10) Section 411.013;

3 (11) Section 411.0131;

4 (12) Section 411.0132;

5 (13) Section 411.0141;

6 (14) Section 411.015;

7 (15) Section 411.016;

8 (16) Section 411.0161;

9 (17) Section 411.0162;

10 (18) Section 411.0163;

11 (19) Section 411.0164;

12 (20) Section 411.017;

13 (21) Section 411.018;

14 (22) Section 411.0207;

15 (23) Section 411.0208;

16 (24) Section 411.0209;

17 (25) Section 411.02095;

18 (26) Section 411.041;

19 (27) Section 411.043;

20 (28) Section 411.044;

21 (29) Section 411.045;

22 (30) Section 411.048;

23 (31) Section 411.0603;

24 (32) Section 411.0604;

25 (33) Section 411.0865;

26 (34) Section 411.087;

6
 1 (35) Section 411.0891;

2 (36) Section 411.146;

3 (37) Section 411.147;

4 (38) Section 411.1471;

5 (39) Section 411.151;

6 (40) Section 411.154;

7 (41) Section 411.242;

8 (42) Section 411.243;

9 (43) Section 411.251;

10 (44) Section 411.252;

11 (45) Section 411.253;

12 (46) Section 411.255;

13 (47) Section 411.263; and

14 (48) Section 411.506.

15 (d) The director may not exercise any operational or

16 administrative control of the border protection unit, or the unit

17 chief.

18 SECTION 2.04. Section 411.006, Government Code, is amended by

19 amending Subsection (a) to read as follows:

20 Sec. 411.006. DUTIES OF DIRECTOR. (a) The director shall:

21 (1) [be directly responsible to the commission for the

22 conduct of the department's affairs;]

23 [(2)] act as executive director for and be directly

24 responsible to the commission for all conduct of the Texas Highway

25 Patrol, the Texas Rangers, and other administrative divisions and

26 departments assigned by the commission [of the department];

7
 1 [(3)] (2) act with the commission in an advisory

2 capacity, without vote;

3 [(4)] (3) adopt rules, subject to commission approval,

4 considered necessary for the control of the department;

5 [(5)] (4) issue commissions as law enforcement officers,

6 under the commission's direction, to all members of the Texas

7 Rangers and the Texas Highway Patrol and to other officers of the

8 department;

9 [(6)] (5) appoint, with the advice and consent of the

10 commission, the head of a division or bureau provided for by this

11 chapter;

12 [(7)] (6) quarterly, annually, and biennially submit to

13 the commission detailed reports of the operation of the department,

14 including statements of its expenditures; and

15 [(8)] (7) prepare, swear to, submit to the governor, and

16 file in the department's records a quarterly statement containing

17 an itemized list of all money received and its source and all money

18 spent and the purposes for which it was spent.

19 SECTION 2.05. Section 411.007, Government Code, is amended by

20 amending Subsection (a) to read as follows:

21 (a) Subject to the provisions of this chapter, the director

22 and the unit chief may appoint, promote, reduce, suspend, or

23 discharge any officer or employee of the department which has been

24 assigned under their authority by the commission.

25 SECTION 2.06. Section 411.017, Government Code, is amended by

26 amending Subsection (a) to read as follows:

8
 1 (a) A person commits an offense if, without the director's

2 authorization, the person:

3 (1) manufactures, sells, or possesses a badge,

4 identification card, or other item bearing a department insignia

5 or an insignia deceptively similar to the department's;

6 (2) makes a copy or likeness of a badge, identification

7 card, or department insignia, with intent to use or allow another

8 to use the copy or likeness to produce an item bearing the

9 department insignia or an insignia deceptively similar to the

10 department's; or

11 (3) uses the term "Texas Department of Public Safety,"

12 "Department of Public Safety," "Texas Ranger," [or] "Texas Highway

13 Patrol," or "Border Protection Unit" in connection with an object,

14 with the intent to create the appearance that the object belongs

15 to or is being used by the department.

16 SECTION 2.07. Section 411.251, Government Code, is amended by

17 amending Subsection (a) and adding Subsection (c) to read as

18 follows:

19 (a) The commission shall establish the office of inspector

20 general for the department and the office of inspector general for

21 the unit.

22 (c) The Border Protection Unit inspector general shall be

23 appointed by the governor who shall perform the duties of this

24 subchapter or as may be provided by law and as the unit chief

25 designates. The inspector general shall serve until removed by the

26 governor. The Border Protection Unit inspector general is

9
1 responsible for:

2 (1) preparing and delivering assessments concerning the

3 administration of the unit to the governor, the legislature, and

4 the unit chief;

5 (2) perform responsibilities affecting the unit as set

6 forth in Subsection (c);

7 (3) acting to prevent and detect serious breaches of

8 departmental policy, fraud, and abuse of office, including any

9 acts of criminal conduct within the unit; and

10 (4) independently and objectively reviewing,

11 investigating, delegating, and overseeing the investigation of:

12 (A) conduct described in Subdivision (1);

13 (B) criminal activity occurring within the unit;

14 (C) allegations of wrongdoing by unit employees;

15 (D) crimes committed on unit property; and

16 (E) serious breaches of unit policy.

17 SECTION 2.08. Chapter 411, Government Code, is amended by

18 adding Subchapter S to read as follows:

19 SUBCHAPTER S. BORDER PROTECTION UNIT

20 Sec. 411.534. COMPOSITION. (a) The Border Protection Unit

21 ("the unit") is a division under the commission consisting of the

22 number of officers authorized by the legislature and headquartered

23 in the border region. The highest ranking officer of the unit is

24 the border protection unit chief who shall be appointed by the

25 governor, and report directly to the governor. Officers are

26 entitled to compensation as provided by the legislature and will

10
1 be recruited and trained within the border region to the fullest

2 extent possible.

3 (b) the unit chief may employ law-abiding citizens without

4 a felony conviction to participate in unit operations and

5 functions, but such persons may not have arresting authority unless

6 trained and specifically authorized by the governor.

7 (c) The unit shall acquire equipment and facilities, and

8 conduct training necessary to fulfill the operational,

9 intelligence, communication, logistics, and administrative duties

10 set forth by the unit chief to include land, air, and maritime

11 responsibilities.

12 (d) The commission shall transfer existing personnel,

13 equipment, and facilities to the unit from within the Department

14 of Public Safety as necessary at the discretion of the commission

15 while maintaining accountability and adequate support for all

16 officers and activities within the commission’s responsibility.

17 Sec. 411.535. AUTHORITY OF OFFICERS. (a) An officer of the

18 unit is governed by the law regulating and defining the powers and

19 duties of sheriffs performing similar duties, except that the

20 officer may make arrests and execute processes in a criminal case

21 in any county.

22 (b) Within the State of Texas, officers of the unit may, to

23 the extent consistent with the Constitution and federal law,

24 arrest, detain, and deter individuals crossing the border

25 illegally, including with the use of non-deadly force.

26 (c) Notwithstanding any other law, the unit chief, and all
11
1 officers and employees of the unit, as well as law-abiding citizens

2 employed, to participate in unit operations under Section

3 411.534(b), shall have immunity from criminal and civil liability

4 for any actions taken that are authorized by this subchapter.

5 Sec. 411.536. CONSTRUCTION AND MAINTENANCE OF PHYSICAL

6 BARRIERS. (a) The unit shall oversee the construction and

7 maintenance of walls, fences, and other physical barriers along

8 the border with Mexico in order to enhance the safety and security

9 of Texans.

10 (b) The unit chief, or his designee, is authorized to

11 negotiate and acquire the necessary right of way, leases,

12 permissions, materials, and services needed to erect, and maintain

13 physical barriers.

14 (c) The unit may use funds appropriated by the legislature,

15 other government funds, or donations from United States citizens

16 and domestic entities.

17 Sec. 411.537. ARTICLE I § 10 INVOCATION. (a) To the extent

18 consistent with the United States and Texas constitutions and

19 federal and state law, in the event that the legislature finds, or

20 the governor has declared, or declares, a state of invasion or

21 imminent danger under Article I § 10 of the U.S. Constitution,

22 the unit chief shall be authorized to order the unit to take the

23 following actions:

24 (1) deter and repel persons attempting to enter the

25 State of Texas illegally at locations outside a port of entry, to

26 the extent consistent with the United States and Texas

12
1 constitutions and federal immigration laws;

2 (2) within the State of Texas, return aliens to Mexico

3 who have been observed actually crossing the Mexican border

4 illegally, and were apprehended or detained in the immediate

5 vicinity of the border, to the extent consistent with the United

6 States and Texas constitutions and federal immigration laws;

7 (3) use force to repel, arrest, and detain known

8 transnational cartel operatives in the border region, to the extent

9 consistent with the United States and Texas constitutions and

10 federal immigration laws.

11 Sec. 411.538. QUALIFICATIONS. (a) To be commissioned as an

12 officer of the Border Protection Unit, a person must:

13 (1) be a U.S. citizen or legal permanent resident;

14 (2) be a graduate of a Texas police academy;

15 (3) have experience as a sworn law-enforcement officer

16 in another state or federal law-enforcement agency; or

17 (4) be appointed or employed per the criteria provided

18 in Section 411.534(b) of this Act.

19 (b) The border protection unit is an equal employment

20 opportunity employer, and it may not discriminate against or give

21 preferential treatment to any employee or job applicant on account

22 of the individual’s race, color, sex, national origin, or religion.

23 Sec. 411.539. TERM OF AUTHORIZATION. The unit is established

24 upon passage of this act, subject to appropriations from the

25 legislature, and shall continue in operation until December 31,

26 2030. The legislature shall reauthorize the unit prior to its

13
1 sunset date or the entity is considered to be effectively

2 abolished.

3 Sec. 411.540. RULEMAKING AUTHORITY. The unit chief of the

4 unit may promulgate such substantive or procedural rules as may be

5 required to carry out the general administration of the unit,

6 including, but not limited to: procurement of facilities, training

7 and equipment, and effectuation of personnel policies.

8 Sec. 411.541. OPERATIONAL PLAN TO COORDINATE BORDER SECURITY.

9 (a) The unit shall develop and recommend to the governor and report

10 to the legislature a strategic plan that establishes the framework

11 for the budgeting and operation of the unit, including homeland

12 security strategies, administered by assisting agencies. The unit

13 shall annually report to the governor and the legislature on the

14 implementation of the strategic plan.

15 (b) The unit shall include in the strategic plan goals,

16 objectives, and performance measures that involve collaboration

17 with other state agencies, and local entities.

18 (c) The unit shall create plans and conduct operations

19 consistent with the strategic plan.

20 (d) The operational plan under this section shall evaluate

21 8 U.S.C. § 1325(a) and other federal laws relating to the

22 requirement that border crossings occur only at designated ports

23 of entry.

24 Sec. 411.542. SEVERABILITY. (a) Mindful of Leavitt v. Jane

25 L., 518 U.S. 137 (1996), in which in the context of determining

26 the severability of a state statute the Supreme Court of the United

14
1 States held that an explicit statement of legislative intent is

2 controlling, it is the intent of the legislature that every

3 provision, section, subsection, sentence, clause, phrase, or word

4 in this subchapter, and every application of the provisions in

5 this subchapter to every person, group of persons, or

6 circumstances, are severable from each other.

7 (b) If any application of any provision in this subchapter

8 to any person, group of persons, or circumstances is found by a

9 court to be invalid, preempted, or unconstitutional, for any reason

10 whatsoever, then the remaining applications of that provision to

11 all other persons and circumstances shall be severed and preserved,

12 and shall remain in effect. All constitutionally valid

13 applications of the provisions in this subchapter shall be severed

14 from any applications that a court finds to be invalid, preempted,

15 or unconstitutional, because it is the legislature's intent and

16 priority that every single valid application of every statutory

17 provision be allowed to stand alone.

18 (c) The legislature further declares that it would have

19 enacted this subchapter, and each provision, section, subsection,

20 sentence, clause, phrase, or word, and all constitutional

21 applications of the provisions of this subchapter, irrespective of

22 the fact that any provision, section, subsection, sentence,

23 clause, phrase, or word, or applications of this subchapter were

24 to be declared invalid, preempted, or unconstitutional.

25 (d) If any provision of this subchapter is found by any court

26 to be unconstitutionally vague, then the applications of that

15
1 provision that do not present constitutional vagueness problems

2 shall be severed and remain in force, consistent with the

3 severability requirements of Subsections (a), (b), and (c).

4 (e) No court may decline to enforce the severability

5 requirements of Subsections (a), (b), (c), and (d) on the ground

6 that severance would “rewrite” the statute or involve the court in

7 legislative or lawmaking activity. A court that declines to

8 enforce or enjoins a state official from enforcing a statutory

9 provision is never rewriting a statute or engaging in legislative

10 or lawmaking activity, as the statute continues to contain the

11 same words as before the court's decision. A judicial injunction

12 or declaration of unconstitutionality:

13 (1) is nothing more than an edict prohibiting

14 enforcement of the disputed statute against the named parties to

15 that lawsuit, which may subsequently be vacated by a later court

16 if that court has a different understanding of the requirements of

17 the Texas Constitution or the United States Constitution or federal

18 law;

19 (2) is not a formal amendment of the language in a

20 statute; and

21 (3) no more rewrites a statute than a decision by the

22 executive not to enforce a duly enacted statute in a limited and

23 defined set of circumstances.

24 (f) If any state or federal court disregards any of the

25 severability requirements in Subsections (a), (b), (c), (d), or

26 (e), and declares or finds any provision of this subchapter

16
 1 facially invalid, preempted, or unconstitutional, when there are

2 discrete applications of that provision that can be enforced

3 against a person, group of persons, or circumstances without

4 violating federal law or the federal or state constitutions, then

5 that provision shall be interpreted, as a matter of state law, as

6 if the legislature had enacted a provision limited to the persons,

7 group of persons, or circumstances for which the provision’s

8 application will not violate federal law or the federal or state

9 constitutions, and every court shall adopt this saving

10 construction of that provision until the court ruling that

11 pronounced the provision facially invalid, preempted, or

12 unconstitutional is vacated or overruled.

13 ARTICLE 3. TRESPASS

14 SECTION 3.01. Chapter 30, Penal Code, is amended by adding

15 Section 30.08 to read as follows:

16 Sec. 30.08. TRESPASS WHILE ENTERING THE STATE OF TEXAS. (a)

17 A person commits an offense if the person knowingly enters the

18 property of another without effective consent when knowingly

19 entering the state of Texas from a neighboring jurisdiction.

20 (b) An offense under this section is a third degree felony.

21 (c) A person who violates this section is subject to a civil

22 penalty of not less than $10,000 for each violation. The attorney

23 general may file an action to recover a civil penalty assessed

24 under this section and may recover attorney’s fees and costs

25 incurred in bringing the action.

26 (d) The fact that conduct is subject to a civil or criminal

17
 1 penalty under this section does not abolish or impair any remedy

2 for the conduct that is available in a civil suit.

3 SECTION 3.02. Section 17.44, Code of Criminal Procedure, is

4 amended to read as follows:

5 (a) A magistrate may require as a condition of release on

6 bond that the defendant submit to:

7 (1) home confinement and electronic monitoring under

8 the supervision of an agency designated by the magistrate; or

9 (2) testing on a weekly basis for the presence of a

10 controlled substance in the defendant's body.

11 (b) In this article, "controlled substance" has the meaning

12 assigned by Section 481.002, Health and Safety Code.

13 (c) A magistrate shall require as a condition of release on

14 bond for someone arrested for the offense of Penal Code 30.08

15 Trespass While Entering the State of Texas that the defendant

16 submit to electronic monitoring unless the magistrate makes a

17 finding that the defendant is not a flight risk.

18 [(c)] (d) The magistrate may revoke the bond and order the

19 defendant arrested if the defendant:

20 (1) violates a condition of home confinement and

21 electronic monitoring;

22 (2) refuses to submit to a test for controlled

23 substances or submits to a test for controlled substances and the

24 test indicates the presence of a controlled substance in the

25 defendant's body; or

26 (3) fails to pay the reimbursement fee for monitoring

18
 1 or testing for controlled substances, if payment is ordered under

2 Subsection (e) as a condition of bond and the magistrate determines

3 that the defendant is not indigent and is financially able to make

4 the payments as ordered.

5 [(d)] (e) The community justice assistance division of the

6 Texas Department of Criminal Justice may provide grants to counties

7 to implement electronic monitoring programs authorized by this

8 article.

9 [(e)] (f) The cost of electronic monitoring or testing for

10 controlled substances under this article may be assessed as a

11 reimbursement fee or ordered paid directly by the defendant as a

12 condition of bond.

13 ARTICLE 4. PUBLIC HEALTH EMERGENCY

14 SECTION 4.01. Subtitle D, Title 2, Health and Safety Code,

15 is amended by adding Chapter 81B to read as follows:

16 CHAPTER 81B. SUSPENSION OF ENTRY OF PERSONS FROM DESIGNATED

17 PLACES TO PREVENT SPREAD OF COMMUNICABLE DISEASES

18 Sec. 81B.001. DEFINITIONS. In this chapter:

19 (1) "COVID-19" means the 2019 novel coronavirus

20 disease.

21 (2) "Federally declared public health emergency" means:

22 (A) a public health emergency declared by the

23 United States Secretary of Health and Human Services under 42

24 U.S.C. Section 247d; or

25 (B) an emergency or disaster declared, including

26 under a renewal of the declaration, by the president of the United

19
1 States in relation to a public health emergency described by

2 Paragraph (A) under:

3 (i) the National Emergencies Act (50 U.S.C.

4 Section 1601 et seq.); or

5 (ii) the Robert T. Stafford Disaster Relief

6 and Emergency Assistant Act (42 U.S.C. Section 5121 et seq.).

7 (3) "Port of entry" means a port of entry in the United

8 States, as defined by part 101 of the customs regulations (19 CFR

9 part 101).

10 (4) "Person" means any individual other than:

11 (A) one described in the first sentence of section

12 1 of the Fourteenth Amendment to the United States Constitution;

13 or

14 (B) one described in 8 U.S.C. § 1101(a)(20).

15 Sec. 81B.002. SUSPENSION OF ENTRY. (a) To the extent

16 consistent with the Constitution and federal immigration laws,

17 during any of the following, all persons entering Texas by land

18 from another country must pass through a legal port of entry for

19 appropriate medical review:

20 (1) the pendency of any federally declared public

21 health emergency for COVID-19,

22 (2) at any time which the federal government has in

23 place any vaccination requirements for any person lawfully

24 residing in the United States, including but not limited to

25 government contractors or healthcare workers, for the purposes of

26 preventing the spread of COVID-19 in the United States, or

20
1 (3) at any time which the U.S. Department of State has

2 travel warnings for COVID-19 for any country from which citizens

3 have illegally entered the United States during the most recent

4 year for which there is available data.

5 (b) Any person who enters the State of Texas from a foreign

6 country other than in accordance with Subsection (a), shall, to

7 the extent consistent with the Constitution and federal

8 immigration laws, be removed to the country from which they entered

9 the United States, or their country of origin, or another location

10 as practicable, as rapidly as possible, with as little time spent

11 in congregate settings as practicable under the circumstances.

12 Sec. 81B.003. SEVERABILITY. (a) Mindful of Leavitt v. Jane

13 L., 518 U.S. 137 (1996), in which in the context of determining

14 the severability of a state statute the Supreme Court of the United

15 States held that an explicit statement of legislative intent is

16 controlling, it is the intent of the legislature that every

17 provision, section, subsection, sentence, clause, phrase, or word

18 in this chapter, and every application of the provisions in this

19 chapter to every person, group of persons, or circumstances, are

20 severable from each other.

21 (b) If any application of any provision in this chapter to

22 any person, group of persons, or circumstances is found by a court

23 to be invalid, preempted, or unconstitutional, for any reason

24 whatsoever, then the remaining applications of that provision to

25 all other persons and circumstances shall be severed and preserved,

26 and shall remain in effect. All constitutionally valid

21
1 applications of the provisions in this chapter shall be severed

2 from any applications that a court finds to be invalid, preempted,

3 or unconstitutional, because it is the legislature's intent and

4 priority that every single valid application of every statutory

5 provision be allowed to stand alone.

6 (c) The legislature further declares that it would have

7 enacted this chapter, and each provision, section, subsection,

8 sentence, clause, phrase, or word, and all constitutional

9 applications of the provisions of this chapter, irrespective of

10 the fact that any provision, section, subsection, sentence,

11 clause, phrase, or word, or applications of this chapter were to

12 be declared invalid, preempted, or unconstitutional.

13 (d) If any provision of this chapter is found by any court

14 to be unconstitutionally vague, then the applications of that

15 provision that do not present constitutional vagueness problems

16 shall be severed and remain in force, consistent with the

17 severability requirements of Subsections (a), (b), and (c).

18 (e) No court may decline to enforce the severability

19 requirements of Subsections (a), (b), (c), and (d) on the ground

20 that severance would “rewrite” the statute or involve the court in

21 legislative or lawmaking activity. A court that declines to

22 enforce or enjoins a state official from enforcing a statutory

23 provision is never rewriting a statute or engaging in legislative

24 or lawmaking activity, as the statute continues to contain the

25 same words as before the court's decision. A judicial injunction

26 or declaration of unconstitutionality:
22
1 (1) is nothing more than an edict prohibiting

2 enforcement of the disputed statute against the named parties to

3 that lawsuit, which may subsequently be vacated by a later court

4 if that court has a different understanding of the requirements of

5 the Texas Constitution or the United States Constitution or federal

6 law;

7 (2) is not a formal amendment of the language in a

8 statute; and

9 (3) no more rewrites a statute than a decision by the

10 executive not to enforce a duly enacted statute in a limited and

11 defined set of circumstances.

12 (f) If any state or federal court disregards any of the

13 severability requirements in Subsections (a), (b), (c), (d), or

14 (e), and declares or finds any provision of this chapter facially

15 invalid, preempted, or unconstitutional, when there are discrete

16 applications of that provision that can be enforced against a

17 person, group of persons, or circumstances without violating

18 federal law or the federal or state constitutions, then that

19 provision shall be interpreted, as a matter of state law, as if

20 the legislature had enacted a provision limited to the persons,

21 group of persons, or circumstances for which the provision’s

22 application will not violate federal law or the federal or state

23 constitutions, and every court shall adopt this saving

24 construction of that provision until the court ruling that

25 pronounced the provision facially invalid, preempted, or

26 unconstitutional is vacated or overruled.

23
 1 ARTICLE 5. LEGISLATIVE OVERSIGHT

2 SECTION 5.01. Subtitle C, Title 3, Government Code, is

3 amended by adding Chapter 331 to read as follows:

4 CHAPTER 331. LEGISLATIVE BORDER SAFETY

5 OVERSIGHT COMMITTEE

6 Sec. 331.001. DEFINITION. In this section, "committee"

7 means the legislative border safety oversight committee

8 established under this chapter.

9 Sec. 331.002. ESTABLISHMENT; COMPOSITION. (a) The

10 legislative border safety oversight committee is established to:

11 (1) provide objective research, analysis, and

12 recommendations to help guide state border safety policies;

13 (2) provide oversight for the border protection unit

14 established under Chapter C-1, Chapter 411; and

15 (3) perform other duties required by law.

16 (b) The committee consists of the following members:

17 (1) the lieutenant governor;

18 (2) the speaker of the house of representatives;

19 (3) four members of the senate appointed by the

20 lieutenant governor; and

21 (4) four members of the house appointed by the speaker.

22 (c) The lieutenant governor and the speaker of the house of

23 representatives are joint chairs of the committee.

24 (d) A majority of the members of the committee from each

25 house of the legislature constitutes a quorum to transact business.

26 If a quorum is present, the committee may act on any matter within

24
1 the committee's jurisdiction by a majority vote.

2 (e) The committee shall meet as often as necessary to perform

3 the committee's duties. Meetings may be held at any time at the

4 request of either chair or on written petition of a majority of

5 the committee members from each house of the legislature.

6 (f) The committee shall meet in Austin, except that if a

7 majority of the committee members from each house of the

8 legislature agree, the committee may meet in any location

9 determined by the committee.

10 (g) As an exception to Chapter 551, Government Code, and

11 other law, for a meeting in Austin at which both joint chairs of

12 the committee are physically present, any number of the other

13 committee members may attend the meeting by use of telephone

14 conference call, video conference call, or other similar

15 telecommunication device. This subsection applies for purposes of

16 establishing a quorum or voting or any other purpose allowing the

17 members to fully participate in any committee meeting. This

18 subsection applies without regard to the subject or topics

19 considered by the members at the meeting.

20 (h) A committee meeting held by use of telephone conference

21 call, video conference call, or other similar telecommunication

22 device:

23 (1) is subject to the notice requirements applicable to

24 other meetings;

25 (2) must specify in the notice of the meeting the

26 location in Austin at which the joint chairs will be physically

25
1 present;

2 (3) must be open to the public and audible to the public

3 at the location specified in the notice under Subdivision (2); and

4 (4) must provide two-way audio communication between

5 all committee members attending the meeting during the entire

6 meeting, and if the two-way audio communication link with any

7 member attending the meeting is disrupted at any time, the meeting

8 may not continue until the two-way audio communication link is

9 reestablished.

10 Sec. 331.003. POWERS AND DUTIES. (a) The committee shall:

11 (1) use statistical analyses and other research methods

12 to conduct an in-depth examination of border safety initiatives

13 and programs in this state that includes:

14 (A) an assessment of the cost-effectiveness of the

15 use of state and local funds in ensuring border safety;

16 (B) an identification of critical border safety

17 problems; and

18 (C) a determination of the state's long-range

19 border safety needs;

20 (2) recommend to the legislature:

21 (A) strategies to solve the problems identified

22 under Subdivision (1)(B); and

23 (B) policy priorities to address the long-range

24 needs determined under Subdivision (1)(C); and

25 (3) advise and assist the legislature in developing

26 plans, programs, and proposed legislation to improve the

26
1 effectiveness of border safety initiatives and programs.

2 (b) The committee has all other powers and duties provided

3 to a special committee by:

4 (1) Subchapter B, Chapter 301;

5 (2) the rules of the senate and the house of

6 representatives; and

7 (3) policies of the senate and house committees on

8 administration.

9 Sec. 331.004. STAFF; AUTHORITY TO CONTRACT. The committee

10 may hire staff or may contract with universities or other suitable

11 entities to assist the committee in carrying out the committee's

12 duties. Funding to support the operation of the committee shall

13 be provided from funds appropriated to the Texas Legislative

14 Council.

15 Sec. 328.005. REPORT. Not later than January 1 of each odd-

16 numbered year, the committee shall submit to the legislature a

17 report that contains the recommendations described by Section

18 331.003(a)(2).

19 ARTICLE 6. SEVERABILITY; EFFECTIVE DATE

20 SECTION 6.01. If any provision of this Act or its application

21 to any person or circumstance is held invalid, the invalidity does

22 not affect other provisions or applications of this Act that can

23 be given effect without the invalid provision or application, and

24 to this end the provisions of this Act are declared to be

25 severable.

26 SECTION 6.02. This Act takes effect immediately if it receives

27
1 a vote of two-thirds of all the members elected to each house, as

2 provided by Section 39, Article III, Texas Constitution. If this

3 Act does not receive the vote necessary for immediate effect, this

4 Act takes effect September 1, 2023.

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