Bill Text: TX HB4368 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the protection of this state and its citizens from border invasion or imminent danger from border security breaches; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to State Affairs [HB4368 Detail]
Download: Texas-2023-HB4368-Introduced.html
88R11919 SCP-F | ||
By: Hayes | H.B. No. 4368 |
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relating to the protection of this state and its citizens from | ||
border invasion or imminent danger from border security breaches; | ||
creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle B, Title 4, Government Code, is amended | ||
by adding Chapter 425 to read as follows: | ||
CHAPTER 425. BORDER INVASION AND IMMINENT DANGER | ||
Sec. 425.001. DEFINITIONS. In this chapter: | ||
(1) "Port of entry" has the meaning assigned by | ||
Section 621.001, Transportation Code. | ||
(2) "Remove" means to transfer and expel individuals | ||
in this state that have made an unlawful entry into the United | ||
States to a location outside the border of the United States. | ||
(3) "Repel" means to prevent the unlawful entry of | ||
individuals, vehicles, or other animate or inanimate objects into | ||
this state through the use of physical barriers, technology, or | ||
other rules of engagement. The term includes preventing the | ||
unauthorized entry of an individual at a port of entry. | ||
(4) "Texas military forces" means the Texas National | ||
Guard, the Texas State Guard, and any other military force | ||
organized under state law. | ||
(5) "Unlawful entry" means entering the United States | ||
at any place other than a legal port of entry. | ||
Sec. 425.002. DECLARATION OF INVASION OR IMMINENT DANGER. | ||
(a) The governor may issue a declaration of imminent danger if the | ||
governor finds that: | ||
(1) the safety and security of this state and its | ||
citizens are in imminent danger from threats by the unsecured | ||
southern border of this state; and | ||
(2) action to secure the border must be taken without | ||
delay. | ||
(b) The governor may issue a declaration of invasion if the | ||
governor finds that this state is under invasion. | ||
(c) The legislature may, by concurrent resolution adopted | ||
by both houses of the legislature, issue a declaration of imminent | ||
danger if the legislature finds that: | ||
(1) the safety and security of this state and its | ||
citizens are in imminent danger from threats by the unsecured | ||
southern border of this state; and | ||
(2) action to secure the border must be taken without | ||
delay. | ||
(d) The legislature may, by concurrent resolution adopted | ||
by both houses of the legislature, issue a declaration of invasion | ||
if the legislature finds that this state is under invasion. | ||
Sec. 425.003. REQUIREMENT TO REPEL OR REMOVE. (a) During a | ||
declaration of invasion or a declaration of imminent danger, the | ||
Texas military forces and any law enforcement or peace officer in | ||
this state shall take action necessary to repel any individual, | ||
vehicle, or other animate or inanimate object attempting to make an | ||
unlawful entry into this state. | ||
(b) An individual who has made an unlawful entry into this | ||
state shall be arrested and prosecuted for any violation of state | ||
law before the individual is removed. | ||
Sec. 425.004. TRANSPORT OF UNLAWFUL ENTRANTS PROHIBITED; | ||
OFFENSE; FORFEITURE. (a) An individual commits an offense if the | ||
individual knowingly transports another individual who has made an | ||
unlawful entry into this state during a declaration of imminent | ||
danger or declaration of invasion. | ||
(b) An offense under this section is punishable in the | ||
manner provided by Section 20.05(b), Penal Code, for the punishment | ||
of the offenses included in that section. | ||
(c) If a person is convicted of an offense under this | ||
section, the court in its judgment of conviction shall order the | ||
forfeiture of all contraband that is used in the commission of the | ||
offense, as provided by Chapter 59, Code of Criminal Procedure. | ||
Sec. 425.005. HANDOVER OF UNLAWFUL ENTRANTS TO FEDERAL | ||
AUTHORITIES PROHIBITED. During a declaration of imminent danger or | ||
a declaration of invasion, a member of the Texas military forces or | ||
a law enforcement or peace officer in this state is prohibited from | ||
handing over individuals who have made an unlawful entry to federal | ||
authorities if the policies under which the federal authority is | ||
operating would result in the release into the United States of | ||
individuals who have made an 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. |