By: Troxclair H.B. No. 44       A BILL TO BE ENTITLED   AN ACT   relating to measures to ensure the safety and welfare of the   southern border region of this state, including protection from   ongoing criminal activity and public health threats; 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.  SHORT TITLE. This Act shall be known as the   Border Protection Unit Act.          SECTION 1.02.  FINDINGS. (a)  The legislature finds that:                (1)  The security of Texans and the sovereignty of the   state has been threatened by the deadly activities of transnational   cartels operating throughout the State of Texas 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 Texas and resulting in the poisoning deaths   of thousands of people throughout the country;                (4)  Texas is in such imminent danger as will not admit   of delay, and now declares authority under Article 1, § 10 of the   U.S. Constitution;                (5)  The Legislature, acting with the Governor, has the   solemn duty to protect and defend the citizens of Texas, and   maintain the sovereignty of Texas borders.          SECTION 1.03.  Article 2.12, Code of Criminal Procedure, is   amended by amending Subsection (4) to read as follows:                (4)  rangers, officers, and members of the reserve   officer corps commissioned by the Public Safety Commission, [and]   the Director of the Department of Public Safety, and the unit chief   of the Border Protection Unit;          SECTION 1.04.  Section 411.001, Government Code, is amended   to read as follows:          Sec. 411.001.  DEFINITIONS. In this chapter:                (1)  "Commission" means the Public Safety Commission.                (2)  "Department" means the Department of Public Safety   of the State of Texas.                (3)  "Director" means the public safety director.                (4)  "Internet" means the largest nonproprietary   nonprofit cooperative public computer network, popularly known as   the Internet.                (5)  "Unit" means the Border Protection Unit.                (6)  "Unit chief" means the person charged with   directing the unit.   ARTICLE 2.  POWERS AND DUTIES          SECTION 2.01.  Section 411.002, Government Code, is amended   by amending Subsection (a) 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 to defend and secure the Texas air, maritime, and land border.     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 2.02.  Sections 411.004, Government Code, is amended   by amending Subdivision (1) to read as follows:                (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 the Texas air,   maritime, and land border.          SECTION 2.03.  Chapter 411, Government Code, is amended by   adding Sections 411.0055 and 411.0056 to read as follows:          Sec. 411.0055.  BORDER PROTECTION UNIT CHIEF.  (a)  The   governor shall appoint a citizen of the United States as border   protection unit chief.  The unit chief serves until removed by the   governor.          (b)  The unit chief may appoint, with the advice and consent   of the commission, deputy unit chiefs and assistant unit chiefs who   shall perform the duties that the unit chief designates.  Deputy   unit chiefs and assistant unit chiefs serve until removed by the   unit chief.          (c)  The unit chief, deputy unit chiefs, and assistant unit   chiefs are entitled to annual salaries as provided by the   legislature.          Sec. 411.0056.  POWERS AND DUTIES OF THE BORDER PROTECTION   UNIT CHIEF. (a) The unit chief shall:                (1)  be directly responsible to the commission for all   conduct of the border unit;                (2)  act as the executive director of the unit;                (3)  act with the commission in an advisory capacity,   without vote;                (4)  adopt rules, subject to commission approval,   considered necessary for the control of the unit;                (5)  issue commissions as law enforcement officers,   under the commission's direction, and to such members of the border   unit;                (6)  create as necessary, with the advice and consent   of the commission, operational and administrative divisions within   the unit, and appoint heads of the divisions;                (7)  the unit chief may employ licensed state or local   law enforcement personnel to participate in unit operations and   functions.                (8)  the unit chief may employ law-abiding citizens   without a felony conviction to participate in unit operations and   functions, but such persons may not have arresting authority unless   trained and specifically authorized by the governor.                (9)  quarterly, annually, and biennially submit to the   commission detailed reports of the operation of the unit, including   statements of its expenditures; and                (10)  prepare, swear to, submit to the governor, and   file in the department's records a quarterly statement containing   an itemized list of all money received and its source and all money   spent and the purposes for which it was spent.          (b)  The unit chief or unit chief's designee shall provide to   members of the commission and to unit employees, as often as   necessary, information regarding the requirements for office or   employment under this chapter, including information regarding a   person's responsibilities under applicable laws relating to   standards of conduct for state officers or employees.          (c)  The powers and duties vested in the director under the   following Government Code Sections are also vested in the border   protection unit chief:                (1)  Section 411.007;                (2)  Section 411.0071;                (3)  Section 411.0075;                (4)  Section 411.0079;                (5)  Section 411.009;                (6)  Section 411.0095;                (7)  Section 411.0097;                (8)  Section 411.0097;                (9)  Section 411.0098;                (10)  Section 411.013;                (11)  Section 411.0131;                (12)  Section 411.0132;                (13)  Section 411.0141;                (14)  Section 411.015;                (15)  Section 411.016;                (16)  Section 411.0161;                (17)  Section 411.0162;                (18)  Section 411.0163;                (19)  Section 411.0164;                (20)  Section 411.017;                (21)  Section 411.018;                (22)  Section 411.0207;                (23)  Section 411.0208;                (24)  Section 411.0209;                (25)  Section 411.02095;                (26)  Section 411.041;                (27)  Section 411.043;                (28)  Section 411.044;                (29)  Section 411.045;                (30)  Section 411.048;                (31)  Section 411.0603;                (32)  Section 411.0604;                (33)  Section 411.0865;                (34)  Section 411.087;                (35)  Section 411.0891;                (36)  Section 411.146;                (37)  Section 411.147;                (38)  Section 411.1471;                (39)  Section 411.151;                (40)  Section 411.154;                (41)  Section 411.242;                (42)  Section 411.243;                (43)  Section 411.251;                (44)  Section 411.252;                (45)  Section 411.253;                (46)  Section 411.255;                (47)  Section 411.263; and                (48)  Section 411.506.          (d)  The director may not exercise any operational or   administrative control of the border protection unit, or the unit   chief.          SECTION 2.04.  Section 411.006, Government Code, is amended   by amending Subsection (a) to read as follows:          Sec. 411.006.  DUTIES OF DIRECTOR. (a)  The director shall:                (1)  [be directly responsible to the commission for the   conduct of the department's affairs;]                [(2)]  act as executive director for and be directly   responsible to the commission for all conduct of the Texas Highway   Patrol, the Texas Rangers, and other administrative divisions and   departments assigned by the commission [of the department];                [(3)] (2)  act with the commission in an advisory   capacity, without vote;                [(4)] (3)  adopt rules, subject to commission   approval, considered necessary for the control of the department;                [(5)] (4)  issue commissions as law enforcement   officers, under the commission's direction, to all members of the   Texas Rangers and the Texas Highway Patrol and to other officers of   the department;                [(6)] (5)  appoint, with the advice and consent of the   commission, the head of a division or bureau provided for by this   chapter;                [(7)] (6)  quarterly, annually, and biennially submit   to the commission detailed reports of the operation of the   department, including statements of its expenditures; and                [(8)] (7)  prepare, swear to, submit to the governor,   and file in the department's records a quarterly statement   containing an itemized list of all money received and its source and   all money spent and the purposes for which it was spent.          SECTION 2.05.  Section 411.007, Government Code, is amended   by amending Subsection (a) to read as follows:          (a)  Subject to the provisions of this chapter, the director   and the unit chief may appoint, promote, reduce, suspend, or   discharge any officer or employee of the department which has been   assigned under their authority by the commission.          SECTION 2.06.  Section 411.017, Government Code, is amended   by amending Subsection (a) to read as follows:          (a)  A person commits an offense if, without the director's   authorization, the person:                (1)  manufactures, sells, or possesses a badge,   identification card, or other item bearing a department insignia or   an insignia deceptively similar to the department's;                (2)  makes a copy or likeness of a badge,   identification card, or department insignia, with intent to use or   allow another to use the copy or likeness to produce an item bearing   the department insignia or an insignia deceptively similar to the   department's; or                (3)  uses the term "Texas Department of Public Safety,"   "Department of Public Safety," "Texas Ranger," [or] "Texas Highway   Patrol," or "Border Protection Unit" in connection with an object,   with the intent to create the appearance that the object belongs to   or is being used by the department.          SECTION 2.07.  Section 411.251, Government Code, is amended   by amending Subsection (a) and adding Subsection (c) to read as   follows:          (a)  The commission shall establish the office of inspector   general for the department and the office of inspector general for   the unit.          (c)  The Border Protection Unit inspector general shall be   appointed by the governor who shall perform the duties of this   subchapter or as may be provided by law and as the unit chief   designates.  The inspector general shall serve until removed by the   governor.  The Border Protection Unit inspector general is   responsible for:                (1)  preparing and delivering assessments concerning   the administration of the unit to the governor, the legislature,   and the unit chief;                (2)  perform responsibilities affecting the unit as set   forth in Subsection (c);                (3)  acting to prevent and detect serious breaches of   departmental policy, fraud, and abuse of office, including any acts   of criminal conduct within the unit; and                (4)  independently and objectively reviewing,   investigating, delegating, and overseeing the investigation of:                      (A)  conduct described in Subdivision (1);                      (B)  criminal activity occurring within the unit;                      (C)  allegations of wrongdoing by unit employees;                      (D)  crimes committed on unit property; and                      (E)  serious breaches of unit policy.          SECTION 2.08.  Chapter 411, Government Code, is amended by   adding Subchapter S to read as follows:   SUBCHAPTER S. BORDER PROTECTION UNIT          Sec. 411.534.  COMPOSITION. (a)  The Border Protection Unit   ("the unit") is a division under the commission consisting of the   number of officers authorized by the legislature and headquartered   in the border region.  The highest ranking officer of the unit is   the border protection unit chief who shall be appointed by the   governor, and report directly to the governor.  Officers are   entitled to compensation as provided by the legislature and will be   recruited and trained within the border region to the fullest   extent possible.          (b)  the unit chief may employ law-abiding citizens without a   felony conviction to participate in unit operations and functions,   but such persons may not have arresting authority unless trained   and specifically authorized by the governor.          (c)  The unit shall acquire equipment and facilities, and   conduct training necessary to fulfill the operational,   intelligence, communication, logistics, and administrative duties   set forth by the unit chief to include land, air, and maritime   responsibilities.          (d)  The commission shall transfer existing personnel,   equipment, and facilities to the unit from within the Department of   Public Safety as necessary at the discretion of the commission   while maintaining accountability and adequate support for all   officers and activities within the commission's responsibility.          Sec. 411.535.  AUTHORITY OF OFFICERS. (a)  An officer of the   unit is governed by the law regulating and defining the powers and   duties of sheriffs performing similar duties, except that the   officer may make arrests and execute processes in a criminal case in   any county.          (b)  Within the State of Texas, officers of the unit may, to   the extent consistent with the Constitution and federal law,   arrest, detain, and deter individuals crossing the border   illegally, including with the use of non-deadly force.          (c)  Notwithstanding any other law, the unit chief, and all   officers and employees of the unit, as well as law-abiding citizens   employed, to participate in unit operations under Section   411.534(b), shall have immunity from criminal and civil liability   for any actions taken that are authorized by this subchapter.          Sec. 411.536.  CONSTRUCTION AND MAINTENANCE OF PHYSICAL   BARRIERS.  (a)  The unit shall oversee the construction and   maintenance of walls, fences, and other physical barriers along the   border with Mexico in order to enhance the safety and security of   Texans.          (b)  The unit chief, or his designee, is authorized to   negotiate and acquire the necessary right of way, leases,   permissions, materials, and services needed to erect, and maintain   physical barriers.          (c)  The unit may use funds appropriated by the legislature,   other government funds, or donations from United States citizens   and domestic entities.          Sec. 411.537.  ARTICLE I § 10 INVOCATION.  (a)  To the extent   consistent with the United States and Texas constitutions and   federal and state law, in the event that the legislature finds, or   the governor has declared, or declares, a state of invasion or   imminent danger under Article I § 10 of the U.S. Constitution, the   unit chief shall be authorized to order the unit to take the   following actions:                (1)  deter and repel persons attempting to enter the   State of Texas illegally at locations outside a port of entry, to   the extent consistent with the United States and Texas   constitutions and federal immigration laws;                (2)  within the State of Texas, return aliens to Mexico   who have been observed actually crossing the Mexican border   illegally, and were apprehended or detained in the immediate   vicinity of the border, to the extent consistent with the United   States and Texas constitutions and federal immigration laws;                (3)  use force to repel, arrest, and detain known   transnational cartel operatives in the border region, to the extent   consistent with the United States and Texas constitutions and   federal immigration laws.          Sec. 411.538.  QUALIFICATIONS. (a)  To be commissioned as an   officer of the Border Protection Unit, a person must:                (1)  be a U.S. citizen or legal permanent resident;                (2)  be a graduate of a Texas police academy;                (3)  have experience as a sworn law-enforcement officer   in another state or federal law-enforcement agency; or                (4)  be appointed or employed per the criteria provided   in Section 411.534(b) of this Act.          (b)  The border protection unit is an equal employment   opportunity employer, and it may not discriminate against or give   preferential treatment to any employee or job applicant on account   of the individual's race, color, sex, national origin, or religion.          Sec. 411.539.  TERM OF AUTHORIZATION. The unit is   established upon passage of this act, subject to appropriations   from the legislature, and shall continue in operation until   December 31, 2030.  The legislature shall reauthorize the unit   prior to its sunset date or the entity is considered to be   effectively abolished.          Sec. 411.540.  RULEMAKING AUTHORITY. The unit chief of the   unit may promulgate such substantive or procedural rules as may be   required to carry out the general administration of the unit,   including, but not limited to: procurement of facilities, training   and equipment, and effectuation of personnel policies.          Sec. 411.541.  OPERATIONAL PLAN TO COORDINATE BORDER   SECURITY.  (a)  The unit shall develop and recommend to the governor   and report to the legislature a strategic plan that establishes the   framework for the budgeting and operation of the unit, including   homeland security strategies, administered by assisting agencies.     The unit shall annually report to the governor and the legislature   on the implementation of the strategic plan.          (b)  The unit shall include in the strategic plan goals,   objectives, and performance measures that involve collaboration   with other state agencies, and local entities.          (c)  The unit shall create plans and conduct operations   consistent with the strategic plan.          (d)  The operational plan under this section shall evaluate 8   U.S.C. § 1325(a) and other federal laws relating to the requirement   that border crossings occur only at designated ports of entry.          Sec. 411.542.  SEVERABILITY. (a)  Mindful of Leavitt v. Jane   L., 518 U.S. 137 (1996), in which in the context of determining the , 518 U.S. 137 (1996), in which in the context of determining the   severability of a state statute the Supreme Court of the United   States held that an explicit statement of legislative intent is   controlling, it is the intent of the legislature that every   provision, section, subsection, sentence, clause, phrase, or word   in this subchapter, and every application of the provisions in this   subchapter to every person, group of persons, or circumstances, are   severable from each other.          (b)  If any application of any provision in this subchapter   to any person, group of persons, or circumstances is found by a   court to be invalid, preempted, or unconstitutional, for any reason   whatsoever, then the remaining applications of that provision to   all other persons and circumstances shall be severed and preserved,   and shall remain in effect.  All constitutionally valid   applications of the provisions in this subchapter shall be severed   from any applications that a court finds to be invalid, preempted,   or unconstitutional, because it is the legislature's intent and   priority that every single valid application of every statutory   provision be allowed to stand alone.          (c)  The legislature further declares that it would have   enacted this subchapter, and each provision, section, subsection,   sentence, clause, phrase, or word, and all constitutional   applications of the provisions of this subchapter, irrespective of   the fact that any provision, section, subsection, sentence, clause,   phrase, or word, or applications of this subchapter were to be   declared invalid, preempted, or unconstitutional.          (d)  If any provision of this subchapter is found by any   court to be unconstitutionally vague, then the applications of that   provision that do not present constitutional vagueness problems   shall be severed and remain in force, consistent with the   severability requirements of Subsections (a), (b), and (c).          (e)  No court may decline to enforce the severability   requirements of Subsections (a), (b), (c), and (d) on the ground   that severance would "rewrite" the statute or involve the court in   legislative or lawmaking activity.  A court that declines to   enforce or enjoins a state official from enforcing a statutory   provision is never rewriting a statute or engaging in legislative   or lawmaking activity, as the statute continues to contain the same   words as before the court's decision.  A judicial injunction or   declaration of unconstitutionality:                (1)  is nothing more than an edict prohibiting   enforcement of the disputed statute against the named parties to   that lawsuit, which may subsequently be vacated by a later court if   that court has a different understanding of the requirements of the   Texas Constitution or the United States Constitution or federal   law;                (2)  is not a formal amendment of the language in a   statute; and                (3)  no more rewrites a statute than a decision by the   executive not to enforce a duly enacted statute in a limited and   defined set of circumstances.          (f)  If any state or federal court disregards any of the   severability requirements in Subsections (a), (b), (c), (d), or   (e), and declares or finds any provision of this subchapter   facially invalid, preempted, or unconstitutional, when there are   discrete applications of that provision that can be enforced   against a person, group of persons, or circumstances without   violating federal law or the federal or state constitutions, then   that provision shall be interpreted, as a matter of state law, as if   the legislature had enacted a provision limited to the persons,   group of persons, or circumstances for which the provision's   application will not violate federal law or the federal or state   constitutions, and every court shall adopt this saving construction   of that provision until the court ruling that pronounced the   provision facially invalid, preempted, or unconstitutional is   vacated or overruled.   ARTICLE 3. TRESPASS          SECTION 3.01.  Chapter 30, Penal Code, is amended by adding   Section 30.08 to read as follows:          Sec. 30.08.  TRESPASS WHILE ENTERING THE STATE OF TEXAS. (a)   A person commits an offense if the person knowingly enters the   property of another without effective consent when knowingly   entering the state of Texas from a neighboring jurisdiction.          (b)  An offense under this section is a third degree felony.          (c)  A person who violates this section is subject to a civil   penalty of not less than $10,000 for each violation.  The attorney   general may file an action to recover a civil penalty assessed under   this section and may recover attorney's fees and costs incurred in   bringing the action.          (d)  The fact that conduct is subject to a civil or criminal   penalty under this section does not abolish or impair any remedy for   the conduct that is available in a civil suit.          SECTION 3.02.  Section 17.44, Code of Criminal Procedure, is   amended to read as follows:          (a)  A magistrate may require as a condition of release on   bond that the defendant submit to:                (1)  home confinement and electronic monitoring under   the supervision of an agency designated by the magistrate; or                (2)  testing on a weekly basis for the presence of a   controlled substance in the defendant's body.          (b)  In this article, "controlled substance" has the meaning   assigned by Section 481.002, Health and Safety Code.          (c)  A magistrate shall require as a condition of release on   bond for someone arrested for the offense of Penal Code 30.08   Trespass While Entering the State of Texas that the defendant   submit to electronic monitoring unless the magistrate makes a   finding that the defendant is not a flight risk.          [(c)] (d)  The magistrate may revoke the bond and order the   defendant arrested if the defendant:                (1)  violates a condition of home confinement and   electronic monitoring;                (2)  refuses to submit to a test for controlled   substances or submits to a test for controlled substances and the   test indicates the presence of a controlled substance in the   defendant's body; or                (3)  fails to pay the reimbursement fee for monitoring   or testing for controlled substances, if payment is ordered under   Subsection (e) as a condition of bond and the magistrate determines   that the defendant is not indigent and is financially able to make   the payments as ordered.          [(d)] (e)  The community justice assistance division of the   Texas Department of Criminal Justice may provide grants to counties   to implement electronic monitoring programs authorized by this   article.          [(e)] (f)  The cost of electronic monitoring or testing for   controlled substances under this article may be assessed as a   reimbursement fee or ordered paid directly by the defendant as a   condition of bond.   ARTICLE 4. PUBLIC HEALTH EMERGENCY          SECTION 4.01.  Subtitle D, Title 2, Health and Safety Code,   is amended by adding Chapter 81B to read as follows:   CHAPTER 81B.  SUSPENSION OF ENTRY OF PERSONS FROM DESIGNATED   PLACES TO PREVENT SPREAD OF COMMUNICABLE DISEASES          Sec. 81B.001.  DEFINITIONS. In this chapter:                (1)  "COVID-19" means the 2019 novel coronavirus   disease.                (2)  "Federally declared public health emergency"   means:                      (A)  a public health emergency declared by the   United States Secretary of Health and Human Services under 42   U.S.C. Section 247d; or                      (B)  an emergency or disaster declared, including   under a renewal of the declaration, by the president of the United   States in relation to a public health emergency described by   Paragraph (A) under:                            (i)  the National Emergencies Act (50 U.S.C.   Section 1601 et seq.); or                            (ii)  the Robert T. Stafford Disaster Relief   and Emergency Assistant Act (42 U.S.C. Section 5121 et seq.).                (3)  "Port of entry" means a port of entry in the United   States, as defined by part 101 of the customs regulations (19 CFR   part 101).                (4)  "Person" means any individual other than:                      (A)  one described in the first sentence of   section 1 of the Fourteenth Amendment to the United States   Constitution; or                      (B)  one described in 8 U.S.C. § 1101(a)(20).          Sec. 81B.002.  SUSPENSION OF ENTRY.  (a)  To the extent   consistent with the Constitution and federal immigration laws,   during any of the following, all persons entering Texas by land from   another country must pass through a legal port of entry for   appropriate medical review:                (1)  the pendency of any federally declared public   health emergency for COVID-19,                (2)  at any time which the federal government has in   place any vaccination requirements for any person lawfully residing   in the United States, including but not limited to government   contractors or healthcare workers, for the purposes of preventing   the spread of COVID-19 in the United States, or                (3)  at any time which the U.S. Department of State has   travel warnings for COVID-19 for any country from which citizens   have illegally entered the United States during the most recent   year for which there is available data.          (b)  Any person who enters the State of Texas from a foreign   country other than in accordance with Subsection (a), shall, to the   extent consistent with the Constitution and federal immigration   laws, be removed to the country from which they entered the United   States, or their country of origin, or another location as   practicable, as rapidly as possible, with as little time spent in   congregate settings as practicable under the circumstances.          Sec. 81B.003.  SEVERABILITY. (a)  Mindful of Leavitt v. Jane   L., 518 U.S. 137 (1996), in which in the context of determining the , 518 U.S. 137 (1996), in which in the context of determining the   severability of a state statute the Supreme Court of the United   States held that an explicit statement of legislative intent is   controlling, it is the intent of the legislature that every   provision, section, subsection, sentence, clause, phrase, or word   in this chapter, and every application of the provisions in this   chapter to every person, group of persons, or circumstances, are   severable from each other.          (b)  If any application of any provision in this chapter to   any person, group of persons, or circumstances is found by a court   to be invalid, preempted, or unconstitutional, for any reason   whatsoever, then the remaining applications of that provision to   all other persons and circumstances shall be severed and preserved,   and shall remain in effect.  All constitutionally valid   applications of the provisions in this chapter shall be severed   from any applications that a court finds to be invalid, preempted,   or unconstitutional, because it is the legislature's intent and   priority that every single valid application of every statutory   provision be allowed to stand alone.          (c)  The legislature further declares that it would have   enacted this chapter, and each provision, section, subsection,   sentence, clause, phrase, or word, and all constitutional   applications of the provisions of this chapter, irrespective of the   fact that any provision, section, subsection, sentence, clause,   phrase, or word, or applications of this chapter were to be declared   invalid, preempted, or unconstitutional.          (d)  If any provision of this chapter is found by any court to   be unconstitutionally vague, then the applications of that   provision that do not present constitutional vagueness problems   shall be severed and remain in force, consistent with the   severability requirements of Subsections (a), (b), and (c).          (e)  No court may decline to enforce the severability   requirements of Subsections (a), (b), (c), and (d) on the ground   that severance would "rewrite" the statute or involve the court in   legislative or lawmaking activity.  A court that declines to   enforce or enjoins a state official from enforcing a statutory   provision is never rewriting a statute or engaging in legislative   or lawmaking activity, as the statute continues to contain the same   words as before the court's decision. A judicial injunction or   declaration of unconstitutionality:                (1)  is nothing more than an edict prohibiting   enforcement of the disputed statute against the named parties to   that lawsuit, which may subsequently be vacated by a later court if   that court has a different understanding of the requirements of the   Texas Constitution or the United States Constitution or federal   law;                (2)  is not a formal amendment of the language in a   statute; and                (3)  no more rewrites a statute than a decision by the   executive not to enforce a duly enacted statute in a limited and   defined set of circumstances.          (f)  If any state or federal court disregards any of the   severability requirements in Subsections (a), (b), (c), (d), or   (e), and declares or finds any provision of this chapter facially   invalid, preempted, or unconstitutional, when there are discrete   applications of that provision that can be enforced against a   person, group of persons, or circumstances without violating   federal law or the federal or state constitutions, then that   provision shall be interpreted, as a matter of state law, as if the   legislature had enacted a provision limited to the persons, group   of persons, or circumstances for which the provision's application   will not violate federal law or the federal or state constitutions,   and every court shall adopt this saving construction of that   provision until the court ruling that pronounced the provision   facially invalid, preempted, or unconstitutional is vacated or   overruled.   ARTICLE 5. LEGISLATIVE OVERSIGHT          SECTION 5.01.  Subtitle C, Title 3, Government Code, is   amended by adding Chapter 331 to read as follows:   CHAPTER 331. LEGISLATIVE BORDER SAFETY OVERSIGHT COMMITTEE          Sec. 331.001.  DEFINITION. In this section, "committee"   means the legislative border safety oversight committee   established under this chapter.          Sec. 331.002.  ESTABLISHMENT; COMPOSITION.  (a)  The   legislative border safety oversight committee is established to:                (1)  provide objective research, analysis, and   recommendations to help guide state border safety policies;                (2) provide oversight for the border protection unit   established under Chapter C-1, Chapter 411; and                (3)  perform other duties required by law.          (b)  The committee consists of the following members:                (1)  the lieutenant governor;                (2)  the speaker of the house of representatives;                (3)  four members of the senate appointed by the   lieutenant governor; and                (4)  four members of the house appointed by the   speaker.          (c)  The lieutenant governor and the speaker of the house of   representatives are joint chairs of the committee.          (d)  A majority of the members of the committee from each   house of the legislature constitutes a quorum to transact business.   If a quorum is present, the committee may act on any matter within   the committee's jurisdiction by a majority vote.          (e)  The committee shall meet as often as necessary to   perform the committee's duties. Meetings may be held at any time at   the request of either chair or on written petition of a majority of   the committee members from each house of the legislature.          (f)  The committee shall meet in Austin, except that if a   majority of the committee members from each house of the   legislature agree, the committee may meet in any location   determined by the committee.          (g)  As an exception to Chapter 551, Government Code, and   other law, for a meeting in Austin at which both joint chairs of the   committee are physically present, any number of the other committee   members may attend the meeting by use of telephone conference call,   video conference call, or other similar telecommunication device.   This subsection applies for purposes of establishing a quorum or   voting or any other purpose allowing the members to fully   participate in any committee meeting.  This subsection applies   without regard to the subject or topics considered by the members at   the meeting.          (h)  A committee meeting held by use of telephone conference   call, video conference call, or other similar telecommunication   device:                (1)  is subject to the notice requirements applicable   to other meetings;                (2)  must specify in the notice of the meeting the   location in Austin at which the joint chairs will be physically   present;                (3)  must be open to the public and audible to the   public at the location specified in the notice under Subdivision   (2); and                (4)  must provide two-way audio communication between   all committee members attending the meeting during the entire   meeting, and if the two-way audio communication link with any   member attending the meeting is disrupted at any time, the meeting   may not continue until the two-way audio communication link is   reestablished.          Sec. 331.003.  POWERS AND DUTIES. (a)  The committee shall:                (1)  use statistical analyses and other research   methods to conduct an in-depth examination of border safety   initiatives and programs in this state that includes:                      (A)  an assessment of the cost-effectiveness of   the use of state and local funds in ensuring border safety;                      (B)  an identification of critical border safety   problems; and                      (C)  a determination of the state's long-range   border safety needs;                (2)  recommend to the legislature:                      (A)  strategies to solve the problems identified   under Subdivision (1)(B); and                      (B)  policy priorities to address the long-range   needs determined under Subdivision (1)(C); and                (3)  advise and assist the legislature in developing   plans, programs, and proposed legislation to improve the   effectiveness of border safety initiatives and programs.          (b)  The committee has all other powers and duties provided   to a special committee by:                (1)  Subchapter B, Chapter 301;                (2)  the rules of the senate and the house of   representatives; and                (3)  policies of the senate and house committees on   administration.          Sec. 331.004.  STAFF; AUTHORITY TO CONTRACT.  The committee   may hire staff or may contract with universities or other suitable   entities to assist the committee in carrying out the committee's   duties. Funding to support the operation of the committee shall be   provided from funds appropriated to the Texas Legislative Council.          Sec. 328.005.  REPORT. Not later than January 1 of each   odd-numbered year, the committee shall submit to the legislature a   report that contains the recommendations described by Section   331.003(a)(2).   ARTICLE 6. SEVERABILITY; EFFECTIVE DATE          SECTION 6.01.  If any provision of this Act or its   application to any person or circumstance is held invalid, the   invalidity does not affect other provisions or applications of this   Act that can be given effect without the invalid provision or   application, and to this end the provisions of this Act are declared   to be severable.          SECTION 6.02.  This Act takes effect immediately 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 immediate   effect, this Act takes effect September 1, 2023.