Surge of border legislation filed by Texas lawmakers
March 17, 2023 | Austin, TX
The week leading up to the March 10 deadline for bill filing in the 88th Texas Legislature saw a surge in border-related bills. Texans are calling on lawmakers to take historic steps to secure the border.
Senator Kolkhorst files resolution declaring an invasion
On March 6, Alamo Day, our own Senator Lois Kolkhorst (SD-18) filed SCR 23, declaring that Texas is being invaded by foreign drug cartels and that the citizens of this state are in danger of irreparable harm. This resolution is part of a sweeping legislative package including SB 1620, SB 1621, and SB 1622.
Senator Kolkhorst's SB 1621 would require employers to use E-Verify to confirm the eligibility of their employees to work within the United States, helping protect Texans’ jobs and cut down on illegal immigration. A companion bill, HB 3846, was filed in the House by Montgomery County Representative Steve Toth (HD-15).
“Currently the Texas Legislature and Governor Abbott are spending billions of dollars per biennium to secure our border,” said Senator Kolkhorst. “These bills are intended to enhance that effort with new tools.”
Flurry of filings continued on the March 10 deadline
Senator Brian Birdwell (HD-22) filed SB 2424 on March 10. This bill establishes a Texas criminal offense for illegally crossing the border with punishment of up to one year in jail for a first-time offender, two years in state jail for a second-time offender, and up to life in prison for convicted felons who illegally cross the border.
“Senator Birdwell’s bill creates a new state crime for entering Texas illegally, authorizing Texas law enforcement to arrest and prosecute all people who cross the border illegally anywhere in Texas," said Lt. Governor Dan Patrick.
Speaker Phelan announces legislative priorities package
Also on March 10, Speaker of the House Dade Phelan announced a legislative priorities package to enhance border security and crack down on the fentanyl crisis. As part of the package, HB 6 would increase the penalty for manufacturing or delivering less than one gram of fentanyl to a third-degree felony punishable by up to 10 years in prison.
Additionally, HB 20 would establish a Border Protection Unit and HB 800 would crack down on human smuggling by increasing the mandatory minimum sentence for such convictions to 10 years in prison. Other bills in the package include HB 7 and HB 1600.
"Addressing our state’s border and humanitarian crisis is a must-pass issue for the Texas House this year," said Speaker Phelan. Governor Greg Abbott and Lt. Governor Dan Patrick agree. Both have made border security one of their priorities for the session.
Ending birthright citizenship in Texas
Another notable bill addressing border security is HB 3612 by Representative Toth to end birthright citizenship in Texas. Texans for Strong Borders President Chris Russo made the following statement:
“The only birthright citizenship enshrined in the Constitution is for the children of US citizens. HB 3612 acknowledges this reality. Earning citizenship to one country or another is a privilege, not a right, and should be based on one’s heritage, merit, ability to contribute to our national interests, culture, propensity to assimilate, and nationality, among other requisites.”
Border wall legislation
Senator Brandon Creighton filed SB 1481 relating to the exercise of eminent domain authority by the Texas Facilities Commission to build a wall along the southern border with a companion bill, HB 209, in the House by Representative Bryan Slaton (HD-2).
Republican Party of Texas priority legislation
The Republican Party of Texas has reviewed the following bills and designated them as priority legislation for securing the border: HB 82, HB 209, HB 2396, SB 237.
Bills to kill
On March 14, the Texas House Committee on Public Safety and Homeland Security met to consider a list of bills including HB 1076 and HB 1152.
Both would give non-citizens, and many former illegal aliens, the ability to become peace officers in the state of Texas, modeling legislation that has already passed in blue states like Colorado and California.
A peace officer is defined in the Texas Code of Criminal Procedure to have 31 different definitions spanning from a position as common as a “constable, sheriff, or police officer” to “investigators” employed by the Texas Racing Commission or Texas Medical Board.
Texans for Strong Borders commented, “No American job should go to a non-citizen. This legislation needs to die right where it is - in committee.”
You can help by calling Committee Chair Ryan Guillen and telling him to leave House Bill 1076 and House Bill 1152 pending in committee, effectively letting them die in the committee process.
MCRP Legislative Committee monitoring border legislation
The Montgomery County Republican Party’s Legislative Committee monitors Legislative Priority bills and produces Legislative Alerts to keep you informed when action is needed.