HB354 - Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.

  89R1180 JCG-F     By: Cain H.B. No. 354       A BILL TO BE ENTITLED   AN ACT   relating to measures to ensure the safety and welfare of the border   region of this state, including protection from ongoing criminal   activity and public health threats and the establishment of the   Border Protection Unit; creating a criminal offense; creating a   civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. GENERAL PROVISIONS          SECTION 1.01.  This Act may be cited as the Border Protection   Unit Act.          SECTION 1.02.  The legislature finds that:                (1)  The security of Texans and the sovereignty of this   state have been threatened by the deadly activities of   transnational cartels operating throughout this state and the   United States.                (2)  Many Texans have lost the peaceful use and   enjoyment of their properties due to criminal activities along the   border.                (3)  Lethal quantities of opioids such as fentanyl are   being trafficked into this state resulting in the poisoning deaths   of people throughout Texas and the United States.                (4)  Human trafficking by transnational cartels has   resulted in the deaths of many people and the exploitation of women   and children.                (5)  Deaths from fentanyl and other synthetic opioids   are increasing in this state and throughout the United States and   number in the tens of thousands according to the National   Institutes of Health of the United States Department of Health and   Human Services.                (6)  Fentanyl is being produced on an industrial scale   by Mexican cartels and smuggled across the border into Texas.                (7)  The number of people unlawfully entering Texas   from Mexico at locations other than ports of entry has reached   historic levels and local communities are increasingly   overwhelmed.                (8)  Law enforcement cannot adequately interdict   fentanyl and human trafficking operations along the Texas-Mexico   border because resources are diverted to address the unlawful entry   by large numbers of people into Texas from Mexico.                (9)  The legislature, acting with the governor, has the   solemn duty to protect and defend the citizens of this state and   maintain sovereignty over this state's borders.   ARTICLE 2. BORDER PROTECTION UNIT          SECTION 2.01.  Article 2A.001, Code of Criminal Procedure,   is amended to read as follows:          Art. 2A.001.  PEACE OFFICERS GENERALLY. The following are   peace officers:                (1)  a sheriff, a sheriff's deputy, or a reserve deputy   sheriff who holds a permanent peace officer license issued under   Chapter 1701, Occupations Code;                (2)  a constable, a deputy constable, or a reserve   deputy constable who holds a permanent peace officer license issued   under Chapter 1701, Occupations Code;                (3)  a marshal or police officer of a municipality or a   reserve municipal police officer who holds a permanent peace   officer license issued under Chapter 1701, Occupations Code;                (4)  a ranger, officer, or member of the reserve   officer corps commissioned by :                       (A)   the Public Safety Commission ; and                       (B)  either:                             (i)   the director of the Department of   Public Safety; or                             (ii)     the unit chief of the Border   Protection Unit;                (5)  an investigator of a district attorney's, criminal   district attorney's, or county attorney's office;                (6)  a law enforcement agent of the Texas Alcoholic   Beverage Commission;                (7)  a member of an arson investigating unit   commissioned by a municipality, a county, or the state;                (8)  an officer commissioned under Section 37.081,   Education Code, or Subchapter E, Chapter 51, Education Code;                (9)  an officer commissioned by the Texas Facilities   Commission;                (10)  a law enforcement officer commissioned by the   Parks and Wildlife Commission;                (11)  an officer commissioned under Chapter 23,   Transportation Code;                (12)  a municipal park and recreational patrol officer   or security officer;                (13)  a security officer or investigator commissioned   as a peace officer by the comptroller;                (14)  an officer commissioned by a water control and   improvement district under Section 49.216, Water Code;                (15)  an officer commissioned by a board of trustees   under Chapter 54, Transportation Code;                (16)  an investigator commissioned by the Texas Medical   Board;                (17)  an officer commissioned by:                      (A)  the board of managers of the Dallas County   Hospital District, the Tarrant County Hospital District, the Bexar   County Hospital District, or the El Paso County Hospital District   under Section 281.057, Health and Safety Code;                      (B)  the board of directors of the Ector County   Hospital District under Section 1024.117, Special District Local   Laws Code;                      (C)  the board of directors of the Midland County   Hospital District of Midland County, Texas, under Section 1061.121,   Special District Local Laws Code; or                      (D)  the board of hospital managers of the Lubbock   County Hospital District of Lubbock County, Texas, under Section   1053.113, Special District Local Laws Code;                (18)  a county park ranger commissioned under   Subchapter E, Chapter 351, Local Government Code;                (19)  an investigator employed by the Texas Racing   Commission;                (20)  an officer commissioned under Chapter 554,   Occupations Code;                (21)  an officer commissioned by the governing body of   a metropolitan rapid transit authority under Section 451.108,   Transportation Code, or a regional transportation authority under   Section 452.110, Transportation Code;                (22)  an investigator commissioned by the attorney   general under Section 402.009, Government Code;                (23)  a security officer or investigator commissioned   as a peace officer under Chapter 466, Government Code;                (24)  an officer appointed by an appellate court under   Subchapter F, Chapter 53, Government Code;                (25)  an officer commissioned by the state fire marshal   under Chapter 417, Government Code;                (26)  an investigator commissioned by the commissioner   of insurance under Section 701.104, Insurance Code;                (27)  an apprehension specialist or inspector general   commissioned by the Texas Juvenile Justice Department as an officer   under Section 242.102 or 243.052, Human Resources Code;                (28)  an officer appointed by the inspector general of   the Texas Department of Criminal Justice under Section 493.019,   Government Code;                (29)  an investigator commissioned by the Texas   Commission on Law Enforcement under Section 1701.160, Occupations   Code;                (30)  a fire marshal or any related officer, inspector,   or investigator commissioned by a county under Subchapter B,   Chapter 352, Local Government Code;                (31)  a fire marshal or any officer, inspector, or   investigator commissioned by an emergency services district under   Chapter 775, Health and Safety Code;                (32)  an officer commissioned by the State Board of   Dental Examiners under Section 254.013, Occupations Code, subject   to the limitations imposed by that section; and                (33)  an investigator commissioned by the Texas   Juvenile Justice Department as an officer under Section 221.011,   Human Resources Code.          SECTION 2.02.  Section 411.002(a), Government Code, is   amended to read as follows:          (a)  The Department of Public Safety of the State of Texas is   an agency of the state to enforce the laws protecting the public   safety , [ and ] provide for the prevention and detection of crime ,   and defend and secure the state's air, maritime, and land borders .   The department is composed of the Texas Rangers, the Texas Highway   Patrol, the Border Protection Unit, the administrative division,   and other divisions that the commission considers necessary.          SECTION 2.03.  Section 411.004, Government Code, is amended   to read as follows:          Sec. 411.004.  DUTIES AND POWERS OF COMMISSION. The   commission shall:                (1)  formulate plans and policies for:                      (A)  enforcement of state criminal, traffic, and   safety laws;                      (B)  prevention of crime;                      (C)  detection and apprehension of persons who   violate laws; [ and ]                      (D)  education of citizens of this state in the   promotion of public safety and the observance of law ; and                       (E)     defense and security of this [Text truncated for display. Full text available on Congress.gov.]