88R26159 JRR-F     By: Hefner, Spiller, Orr, Metcalf, H.B. No. 1600       Morales of Maverick, et al.     Substitute the following for H.B. No. 1600:     By:  Spiller C.S.H.B. No. 1600       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a criminal offense for illegal entry   into this state from Mexico by a person who is not a citizen or legal   permanent resident of the United States.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The legislature finds that:                (1)  Mexican drug cartels are designated as foreign   terrorist organizations in Executive Order No. GA-42 because they   have trafficked hundreds of millions of lethal doses of fentanyl   into this state since 2021;                (2)  to fund this deadly violence, Mexican drug cartels   have recently smuggled aliens across the Texas-Mexico border at a   record-setting pace;                (3)  this unprecedented surge of illegal immigration   has been a declared disaster for Texans since May 31, 2021;                (4)  although an alien commits a federal offense under   8 U.S.C. Section 1325(a)(1) and its implementing regulations by   entering the United States at any time or place other than a   federally designated port of entry, the federal government has   ignored repeated demands for aggressive prosecution of these   illegal-entry offenses by the United States Department of Homeland   Security and the United States Department of Justice;                (5)  the federal government's refusal to faithfully   execute 8 U.S.C. Section 1325(a)(1) and other immigration laws   enacted by Congress has broken the federal government's promise to   "protect each [state] against invasion" under Section 4, Article   IV, United States Constitution;                (6)  this federal dereliction of duty has compelled   this state to protect its own border against invasion by Mexican   drug cartels using the sovereign powers reserved to the states;                (7)  as "Commander-in-Chief of the military forces of   the State," the governor has the power to "call forth the militia to   execute the laws of the State" to "repel invasions" under Section 7,   Article IV, Texas Constitution; and                (8)  the governor has the authority to protect Texans   from cartel violence and defend the state's territorial integrity   by enforcing a state-law version of the illegal-entry offense that   the federal government has refused to use under 8 U.S.C. Section   1325(a)(1).          SECTION 2.  Chapter 38, Penal Code, is amended by adding   Section 38.20 to read as follows:          Sec. 38.20.  ILLEGAL ENTRY FROM MEXICO. (a) In this   section, "port of entry" has the meaning assigned by 19 C.F.R.   Section 101.1, as that provision existed on January 1, 2023.          (b)  A person who is not a citizen or legal permanent   resident of the United States commits an offense if the person   enters or attempts to enter this state by crossing its border with   Mexico at any location other than a port of entry.          (c)  An offense under this section is a felony of the third   degree, except that the offense is a felony of the second degree if   it is shown on the trial of the offense that the actor has   previously been convicted of an offense under this section.          SECTION 3.  This Act takes effect September 1, 2023.