bill declaring imminent danger on the Texas-Mexico border

The text as introduced · 313 words

89R2561 SCF-D

By: Hall
S.B. No. 81

A BILL TO BE ENTITLED

AN ACT

relating to the authority of the Department of Public Safety to act

during a state of invasion or imminent danger on the Texas-Mexico

border.

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

SECTION 1. The legislature finds this state is "in such

imminent [d]anger as will not admit of delay" and declares

authority to act as provided under Section 10, Article I, United

States Constitution.

SECTION 2. Subchapter A, Chapter 411, Government Code, is

amended by adding Section 411.020945 to read as follows:

Sec. 411.020945. ARTICLE I, SECTION 10 INVOCATION.

Pursuant to a legislative finding or governor's declaration of the

existence of a state of invasion or imminent danger under Section

10, Article I, United States Constitution, the department may order

personnel under the department's authority to act, and the

personnel may act, as follows to the extent consistent with the

United States and Texas Constitutions:

(1) detect, deter, repel, and prosecute persons

attempting to unlawfully enter this state at locations other than

ports of entry;

(2) return to Mexico illegal aliens who:

(A) have been observed unlawfully crossing the

Texas-Mexico border; and

(B) were apprehended, detained, or arrested in

the vicinity of the Texas-Mexico border;

(3) enhance the examination of aircraft, ships,

vehicles, railcars, and cargo at or near ports of entry for the

purposes of interdicting fentanyl and other dangerous drugs and

interdicting human smuggling; and

(4) use force to detect, repel, apprehend, detain, and

arrest known transnational cartel operatives in the border region.

SECTION 3. 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, 2025.