88R30572 JRR-F     By: Birdwell, et al. S.B. No. 2424     (Hefner)     Substitute the following for S.B. No. 2424:  No.       A BILL TO BE ENTITLED   AN ACT   relating to illegal entry into this state from Mexico by a person   who is not a citizen or legal permanent resident of the United   States; creating criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 10, Penal Code, is amended by adding   Chapter 51 to read as follows:   CHAPTER 51. ILLEGAL ENTRY FROM MEXICO          Sec. 51.01.  DEFINITION. In this chapter, "port of entry"   means a port of entry as designated by 19 C.F.R. Part 101.          Sec. 51.02.  ILLEGAL ENTRY FROM MEXICO. (a) 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 place other than a   port of entry.          (b)  An offense under this section is a Class B misdemeanor,   except that the offense is a state jail felony if it is shown on the   trial of the offense that the actor has previously been finally   convicted of an offense under this section.          (c)  A peace officer may, in lieu of arrest, remove a person   detained for an offense under this section by collecting any   identifying information the person may have, transporting the   person to a port of entry, and ordering the person to return to   Mexico.          (d)  A law enforcement officer of the Department of Public   Safety who arrests a person for an offense under this section shall,   to the extent feasible, detain the person in a facility established   under Operation Lone Star or a similar border security operation of   this state.          (e)  A court may not abate the prosecution of an offense   under this section on the basis that a federal determination   regarding the immigration status of the actor is pending.          Sec. 51.03.  REFUSAL TO COMPLY WITH ORDER TO RETURN TO   MEXICO. (a) A person commits an offense if, following the   commission of an offense under Section 51.02(a), the person refuses   to comply with an order to return to Mexico delivered by a peace   officer under Section 51.02(c).          (b)  An offense under this section is a felony of the second   degree.          SECTION 2.  Section 102.002, Civil Practice and Remedies   Code, is amended by adding Subsection (b-1) to read as follows:          (b-1)  A local government shall pay actual damages, court   costs, and attorney's fees awarded against an employee of the local   government if the damages arise from a cause of action resulting   from actions taken by the person to enforce Chapter 51, Penal Code,   during the course and scope of the person's employment for the local   government.          SECTION 3.  Section 104.002(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  Except as provided by Subsection (b), the state is   liable for indemnification under this chapter only if the damages   are based on an act or omission by the person in the course and scope   of the person's office, employment, or contractual performance for   or service on behalf of the agency, institution, or department and   if:                (1)  the damages arise out of a cause of action for   negligence, except a wilful or wrongful act or an act of gross   negligence; [or]                (2)  the damages arise out of a cause of action for   deprivation of a right, privilege, or immunity secured by the   constitution or laws of this state or the United States, except when   the court in its judgment or the jury in its verdict finds that the   person acted in bad faith, with conscious indifference or reckless   disregard; [or]                (3)  the damages arise out of a cause of action   resulting from actions taken by the person to enforce Chapter 51,   Penal Code; or                (4)  indemnification is in the interest of the state as   determined by the attorney general or his designee.          SECTION 4.  Section 157.903, Local Government Code, is   amended to read as follows:          Sec. 157.903.  AUTHORITY TO INDEMNIFY ELECTED AND APPOINTED   COUNTY OFFICERS; INDEMNIFICATION REQUIRED IN CERTAIN CASES. (a)    The commissioners court of a county by order may provide for the   indemnification of an elected or appointed county officer against   personal liability for the loss of county funds, or loss of or   damage to personal property, incurred by the officer in the   performance of official duties if the loss was not the result of the   officer's negligence or criminal action.          (b)  If a county adopts an indemnification order under   Subsection (a), the order must indemnify an elected or appointed   county officer for damages resulting from actions taken by the   officer to enforce Chapter 51, Penal Code, during the performance   of official duties.          SECTION 5.  It is the intent of the legislature that every   provision, section, subsection, sentence, clause, phrase, or word   in this Act, and every application of the provisions in this Act to   every person, group of persons, or circumstances, is severable from   each other. If any application of any provision in this Act to any   person, group of persons, or circumstances is found by a court to be   invalid for any reason, the remaining applications of that   provision to all other persons and circumstances shall be severed   and may not be affected.          SECTION 6.  This Act takes effect July 1, 2023, 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 effect on that   date, this Act takes effect September 1, 2023.