Our biggest push during the 2023 legislative session is for the Texas Legislature to declare an invasion or imminent danger due to illegal border crossings.  And, that declaration needs an accompanying statute that requires the repel and removal of those who have crossed into Texas illegally.

This is the draft of a bill we are circulating that requires repel and removal.

A BILL TO BE ENTITLED

AN ACT

relating to protection of Texans from border invasion or imminent danger from border security breaches.

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

SECTION 1.  Title 4, Subtitle B, Government Code, is amended by adding Chapter 425 to read as follows:

CHAPTER 425.  BORDER INVASION OR BORDER SECURITY BREACHES CAUSING IMMINENT DANGER

Sec. 425.001.  DEFINITION.  In this chapter:

• “Declaration of invasion” means:

(a) a concurrent resolution of the legislature declaring a state of invasion in Texas, or

(b) a proclamation by the governor declaring a state of invasion in Texas.

(2)  “Declaration of imminent danger” means:

(a) a concurrent resolution of the legislature declaring that the safety and security of Texans is threatened by our unsecured border and actions must be taken without delay, or

(b) a proclamation by the governor declaring that the safety and security of Texans is threatened by our unsecured border and actions must be taken without delay.

(3) “Unlawful entry” means the illegal act of entering Texas or other state in any place other than a legal port of entry.

(4) “Port of entry” means a place where a person can lawfully enter the United States and be subject to inspection by federal agencies. Such locations include an international airport, railways, ship docks, or international bridges along the national border.

(5) “Repel” means use of a combination of physical barriers, technology, and rules of engagement that prevent people, vehicles, and other types of objects from unlawfully entering any substantial part of Texas except through an approved port of entry.  It also means to stop unlawful entry via a port of entry.

(6) “Remove” means to transfer and expel people that have made unlawful entry into Texas to a location that is outside the borders of the United States.

Sec. 425.002.  REQUIREMENT TO REPEL OR REMOVE.  After and during a declaration of invasion or declaration of imminent danger, the Texas military, and all law enforcement and peace officers in Texas are required to:

• take all necessary steps to repel any persons, vehicles, and other types of objects attempting unlawful entry, or
• arrest and prosecute those persons who violate Texas law prior to removing them if it is determined that they have made an unlawful entry.

Sec. 425.003.  TRANSPORT OF UNLAWFUL ENTRANTS INTO TEXAS OR OTHER STATES PROHIBITED.  (a) A person commits an offense if he knowingly transports a person who has made an unlawful entry during a declaration of invasion or imminent danger.

(b) The assets of a person or entity knowingly transporting a person who has made an unlawful entry during a declaration of invasion or imminent danger shall be subject to civil asset forfeiture.

(c) An offense under subsection (a) is the same as that defined in Texas Penal Code 20.05(b). 

Sec. 425.004.  HANDOVER OF UNLAWFUL ENTRANTS TO FEDERAL AUTHORITIES PROHIBITED.  After and during a declaration of invasion or declaration of imminent danger, members of the Texas military and all law enforcement and peace officers in Texas are prohibited from handing over persons who have made unlawful entry to federal authorities, if the policies under which the federal authorities are operating result in the release into the United States of people who have committed unlawful entry.

SECTION 2.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.