Bill Text: TX SB2424 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: 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.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Engrossed - Dead) 2023-05-23 - Postponed 6/1/23 10:00 AM [SB2424 Detail]
Download: Texas-2023-SB2424-Comm_Sub.html
88R30572 JRR-F | ||
By: Birdwell, et al. | S.B. No. 2424 | |
(Hefner) | ||
Substitute the following for S.B. No. 2424: No. |
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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; [ |
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(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; [ |
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(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. |