88R11919 SCP-F     By: Hayes H.B. No. 4368       A BILL TO BE ENTITLED   AN ACT   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.