By: Cain H.B. No. 37       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. BORDER PROTECTION UNIT          SECTION 1.01.  Article 2.12, Code of Criminal Procedure, is   amended to read as follows:          Art. 2.12.  WHO ARE PEACE OFFICERS. The following are peace   officers:                (1)  sheriffs, their deputies, and those reserve   deputies who hold a permanent peace officer license issued under   Chapter 1701, Occupations Code;                (2)  constables, deputy constables, and those reserve   deputy constables who hold a permanent peace officer license issued   under Chapter 1701, Occupations Code;                (3)  marshals or police officers of an incorporated   city, town, or village, and those reserve municipal police officers   who hold a permanent peace officer license issued under Chapter   1701, Occupations Code;                (4)  rangers, officers, and members 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)  investigators of the district attorneys', criminal   district attorneys', and county attorneys' offices;                (6)  law enforcement agents of the Texas Alcoholic   Beverage Commission;                (7)  each member of an arson investigating unit   commissioned by a city, a county, or the state;                (8)  officers commissioned under Section 37.081,   Education Code, or Subchapter E, Chapter 51, Education Code;                (9)  officers commissioned by the General Services   Commission;                (10)  law enforcement officers commissioned by the   Parks and Wildlife Commission;                (11)  officers commissioned under Chapter 23,   Transportation Code;                (12)  municipal park and recreational patrolmen and   security officers;                (13)  security officers and investigators commissioned   as peace officers by the comptroller;                (14)  officers commissioned by a water control and   improvement district under Section 49.216, Water Code;                (15)  officers commissioned by a board of trustees   under Chapter 54, Transportation Code;                (16)  investigators commissioned by the Texas Medical   Board;                (17)  officers 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; and                      (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)  county park rangers commissioned under   Subchapter E, Chapter 351, Local Government Code;                (19)  investigators employed by the Texas Racing   Commission;                (20)  officers commissioned under Chapter 554,   Occupations Code;                (21)  officers commissioned by the governing body of a   metropolitan rapid transit authority under Section 451.108,   Transportation Code, or by a regional transportation authority   under Section 452.110, Transportation Code;                (22)  investigators commissioned by the attorney   general under Section 402.009, Government Code;                (23)  security officers and investigators commissioned   as peace officers under Chapter 466, Government Code;                (24)  officers appointed by an appellate court under   Subchapter F, Chapter 53, Government Code;                (25)  officers 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)  apprehension specialists and inspectors general   commissioned by the Texas Juvenile Justice Department as officers   under Sections 242.102 and 243.052, Human Resources Code;                (28)  officers appointed by the inspector general of   the Texas Department of Criminal Justice under Section 493.019,   Government Code;                (29)  investigators commissioned by the Texas   Commission on Law Enforcement under Section 1701.160, Occupations   Code;                (30)  commission investigators commissioned by the   Texas Private Security Board under Section 1702.061, Occupations   Code;                (31)  the fire marshal and any officers, inspectors, or   investigators commissioned by an emergency services district under   Chapter 775, Health and Safety Code;                (32)  officers commissioned by the State Board of   Dental Examiners under Section 254.013, Occupations Code, subject   to the limitations imposed by that section;                (33)  investigators commissioned by the Texas Juvenile   Justice Department as officers under Section 221.011, Human   Resources Code; and                (34)  the fire marshal and any related officers,   inspectors, or investigators commissioned by a county under   Subchapter B, Chapter 352, Local Government Code.          SECTION 1.02.  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 1.03.  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 state's air,   maritime, and land borders;                (2)  organize the department and supervise its   operation;                (3)  adopt rules considered necessary for carrying out   the department's work;                (4)  maintain records of all proceedings and official   orders; and                (5)  biennially submit a report of its work to the   governor and legislature, including the commission's and director's   recommendations.          SECTION 1.04.  Section 411.006(a), Government Code, is   amended to read as follows:          (a)  Subject to Section 411.555, the [The] director shall:                (1)  be directly responsible to the commission for the   conduct of and act as executive director of the Texas Highway   Patrol, the Texas Rangers, and other administrative divisions and   departments assigned by the commission, other than the Border   Protection Unit [the department's affairs];                (2)  [act as executive director of the department;                [(3)]  act with the commission in an advisory capacity,   without vote;                (3) [(4)]  adopt rules, subject to commission   approval, considered necessary for the control of the department;                (4) [(5)]  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;                (5) [(6)]  appoint, with the advice and consent of the   commission, the head of a division or bureau provided for by this   chapter;                (6) [(7)]  quarterly, annually, and biennially submit   to the commission detailed reports of the operation of the   department, including statements of its expenditures; and                (7) [(8)]  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 1.05.  Section 411.007(a), Government Code, is   amended to read as follows:          (a)  Subject to the provisions of this chapter, the director   may appoint, promote, reduce, suspend, or discharge any officer or   employee of the department, other than an officer or employee of the   Border Protection Unit.          SECTION 1.06.  Section 411.017(a), Government Code, is   amended 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 1.07.  Chapter 411, Government Code, is amended by   adding Subchapter S to read as follows:   SUBCHAPTER S. BORDER PROTECTION UNIT          Sec. 411.551.  DEFINITIONS. In this subchapter:                (1)  "Unit" means the Border Protection Unit.                (2)  "Unit chief" means the person appointed under   Section 411.554 as the unit chief.          Sec. 411.552.  BORDER PROTECTION UNIT; TERM OF   AUTHORIZATION. (a) The unit is a division under the commission   consisting of the number of commissioned and noncommissioned   officers and other employees authorized by the legislature.          (b)  The unit is subject to appropriations by the legislature   and, unless continued in existence by the legislature, is abolished   December 31, 2030.          (c)  This subchapter expires December 31, 2030.          Sec. 411.553.  HEADQUARTERS. The unit must be headquartered   in the border region.          Sec. 411.554.  UNIT CHIEF. (a) The governor shall appoint a   United States citizen to serve as the unit chief of the Border   Protection Unit. 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. 411.555.  GENERAL POWERS AND DUTIES OF UNIT AND UNIT   CHIEF. (a) The unit chief shall:                (1)  be directly responsible to the commission for all   conduct of the unit, but may be removed only by the governor under   Section 411.554;                (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 and general administration of   the unit, including rules governing the procurement of facilities   and equipment for the unit and the training and working conditions   for unit personnel;                (5)  issue commissions as law enforcement officers,   under the commission's direction, to members of the unit;                (6)  create as necessary, with the advice and consent   of the commission, operational or administrative divisions within   the unit and appoint heads of those divisions;                (7)  employ as necessary commissioned and   noncommissioned officers and other employees to perform unit   operations and functions;                (8)  quarterly, annually, and biennially submit to the   commission detailed reports of the operation of the unit, including   statements of its expenditures; and                (9)  prepare, swear to, submit to the governor, and   file in the unit'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 employees of the unit, as often as   necessary, information regarding the requirements for office or   employment under this chapter, including information regarding a   person's responsibilities under applicable law relating to   standards of conduct for state officers or employees.          (c)  Subject to Subsection (d), the following provisions   apply to the unit chief with respect to the unit in the same manner   as the provisions apply to the director with respect to the   department or, as applicable, apply to the unit when acting at the   direction of the unit chief in the same manner as the provisions   apply to the department when acting at the direction of the   director:                (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, as added by Section 3, Chapter   556 (H.B. 1239), Acts of the 79th Legislature, Regular Session,   2005;                (8)  Section 411.0097, as added by Section 1, Chapter   693 (S.B. 293), Acts of the 79th Legislature, Regular Session,   2005;                (9)  Section 411.0098;                (10)  Section 411.013(b);                (11)  Section 411.0131;                (12)  Section 411.0132;                (13)  Section 411.0141(e);                (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)  Sections 411.0207(c)(1)-(5);                (23)  Sections 411.0208(d) and (e);                (24)  Section 411.0209;                (25)  Section 411.02095;                (26)  Section 411.0865;                (27)  Section 411.087(e);                (28)  Section 411.0891; and                (29)  Section 411.154.          (d)  The director may not exercise any operational or   administrative control over the unit chief or the unit. The unit   chief may not exercise any operational or administrative control   over the director or the department, other than the unit.          (e)  The unit is a criminal justice agency for purposes of   this chapter.          (f)  The unit:                (1)  may collect, preserve, ship, and analyze a DNA   sample for the DNA database subject to the rules adopted under   Section 411.146(c)(1); and                (2)  is entitled to access or use a DNA sample or record   subject to the rules adopted under Section 411.147(b).          (g)  The unit is a law enforcement agency for purposes of   Section 411.1471(b).          (h)  The unit may assist local law enforcement with the   investigation of crime.          Sec. 411.556.  OFFICE OF AUDIT AND REVIEW FOR UNIT. The   governor shall establish the office of audit and review within the   unit and appoint the director of the office to perform the duties   under Subchapter I with respect to the unit. The director of the   office of audit and review of the unit shall serve until removed by   the governor.          Sec. 411.557.  INSPECTOR GENERAL FOR UNIT. (a) The governor   shall establish the office of the inspector general within the unit   and appoint the inspector general of the unit who shall perform with   respect to the unit the duties of Subchapter I-1 or as may be   provided by other law. The inspector general of the unit shall   serve until removed by the governor.          (b)  The inspector general of the unit is responsible for:                (1)  preparing and delivering assessments concerning   the administration of the unit to the governor, the legislature,   and the unit chief;                (2)  acting to prevent and detect serious breaches of   unit policy, fraud, and abuse of office, including any acts of   criminal conduct within the unit; and                (3)  independently and objectively reviewing,   investigating, delegating, and overseeing the investigation of:                      (A)  conduct described by Subdivision (2);                      (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.          Sec. 411.558.  OFFICERS; OTHER EMPLOYEES. (a) The unit   chief may employ commissioned or noncommissioned officers meeting   the qualifications described by Section 411.561 to perform the   duties of the unit. Those officers are entitled to compensation as   provided by the legislature and must be recruited and trained   within the border region to the extent practicable.          (b)  The unit chief may employ individuals who are not   officers as necessary to carry out the duties of the unit.          (c)  Subject to the provisions of this chapter, the unit   chief may appoint, promote, reduce, suspend, or discharge any   officer or employee of the unit.          Sec. 411.559.  AUTHORITY OF OFFICERS. (a) A commissioned   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)  Subject to Subsection (c), a commissioned or   noncommissioned officer of the unit may, to the extent consistent   with the United States and Texas Constitutions, arrest, apprehend,   or detain persons crossing the Texas-Mexico border unlawfully, and   deter persons attempting to cross the border unlawfully, including   with the use of non-deadly crowd control measures.          (c)  A noncommissioned officer may not exercise the   authority provided by Subsection (b) unless specifically   authorized by the commission and the governor and unless the   officer has been provided training approved by the commission and   the governor. A noncommissioned officer may exercise the arrest   authority provided by Subsection (b) only if the authority is   exercised in a county:                (1)  contiguous with the Texas-Mexico border; or                (2)  adjoining a county described by Subdivision (1).          (d)  The commission shall develop or recognize a training   program required by Subsection (c).          Sec. 411.560.  DEFENSES TO CIVIL AND CRIMINAL LIABILITY.   Notwithstanding any other law, any defense or affirmative defense   that applies to a peace officer in a civil or criminal action   applies to the unit chief and the officers and other employees of   the unit in a civil or criminal action brought against the unit   chief or an officer or other employee of the unit arising from   conduct engaged in while discharging the duties of the unit.          Sec. 411.561.  QUALIFICATIONS AND STANDARDS. (a) To be a   commissioned officer of the unit, a person must hold a peace officer   license issued under Chapter 1701, Occupations Code, and meet any   other qualifications set by the commission.          (b)  To be a noncommissioned officer of the unit, a person   must be a United States citizen and meet any other qualifications   set by the commission.          (c)  A noncommissioned officer shall operate under the   accountability requirements and standards of professional conduct   set forth by the commission.          (d)  The unit is an equal employment opportunity employer and   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. 411.562.  FACILITIES AND EQUIPMENT; TRAINING; TRANSFER   FROM DEPARTMENT. (a) The unit shall acquire equipment and   facilities and conduct training necessary to fulfill the   operational, intelligence, communication, logistics, and   administrative duties provided by this chapter and the unit chief.          (b)  The commission shall transfer existing personnel,   equipment, and facilities to the unit from within the department as   determined necessary by the commission or the governor, in the   commission's or governor's discretion, while maintaining   accountability and adequate support for all officers and activities   within the commission's responsibility.          Sec. 411.563.  CONSTRUCTION AND MAINTENANCE OF PHYSICAL   BARRIERS. (a) The unit shall oversee the construction and   maintenance of walls, fences, and other physical barriers along the   Texas-Mexico border in order to enhance the safety and security of   citizens of this state.          (b)  The unit chief, or the unit chief's designee, is   authorized to negotiate and acquire the necessary rights-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.          (d)  The commission may delegate authority granted under   this section to another state agency.          Sec. 411.564.  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 budget and operations of the unit, including   homeland security strategies and the assistance of other state and   local entities. 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 must include an   evaluation of 8 U.S.C. Section 1325(a) and other federal laws   relating to the requirement that border crossings occur only at   designated ports of entry.          Sec. 411.565.  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.          SECTION 1.08.  As soon as practicable after the effective   date of this Act, the governor shall appoint the unit chief as   prescribed by Section 411.554, Government Code, as added by this   Act.   ARTICLE 2. TRESPASS: CIVIL AND CRIMINAL PENALTIES          SECTION 2.01.  Article 17.44, Code of Criminal Procedure, is   amended by adding Subsection (b-1) to read as follows:          (b-1)  A magistrate shall require as a condition of release   on bond for a defendant arrested for an offense under Section 30.08,   Penal Code, that the defendant submit to electronic monitoring   unless the magistrate finds that the defendant is not a flight risk.          SECTION 2.02.  Chapter 752, Government Code, is amended by   adding Subchapter D to read as follows:   SUBCHAPTER D. ENFORCEMENT BY ATTORNEY GENERAL          Sec. 752.101.  CIVIL PENALTY: TRESPASS WHILE ENTERING THIS   STATE. (a) A person who engages in conduct constituting an offense   under Section 30.08, Penal Code, is liable to this state for a civil   penalty in an amount not to exceed $10,000 for each occurrence of   the conduct.          (b)  The attorney general may bring an action to collect the   civil penalty and may recover attorney's fees and costs incurred in   bringing the action.          SECTION 2.03.  Chapter 30, Penal Code, is amended by adding   Section 30.08 to read as follows:          Sec. 30.08.  TRESPASS WHILE ENTERING THIS STATE. (a) A   person commits an offense if the person knowingly enters the   property of another, without the effective consent of the owner,   while knowingly entering this state from any neighboring   jurisdiction, regardless of the person's immigration status.          (b)  An offense under this section is a felony of the third   degree.          (c)  If conduct that constitutes an offense under this   section also constitutes an offense under another law, the actor   may be prosecuted under this section, the other law, or both.   ARTICLE 3. PUBLIC HEALTH EMERGENCY          SECTION 3.01.  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 Assistance Act (42 U.S.C. Section 5121 et seq.).                (3)  "Person" means any individual other than one   described by:                      (A)  the first sentence of Section 1 of the   Fourteenth Amendment to the United States Constitution; or                      (B)  8 U.S.C. Section 1101(a)(20).                (4)  "Port of entry" means a port of entry described by   Part 101, Title 19, Code of Federal Regulations (19 C.F.R. part   101), or 22 C.F.R. Section 40.1.          Sec. 81B.002.  SUSPENSION OF ENTRY. (a) To the extent   consistent with the United States Constitution, all persons   entering this state by land from another country must pass through a   port of entry for appropriate medical review during:                (1)  the pendency of any federally declared public   health emergency for COVID-19;                (2)  any time that a federal agency has in place any   vaccination requirement for any person lawfully residing in the   United States, including government contractors or health care   workers, for the purposes of preventing the spread of COVID-19 in   the United States; or                (3)  any time the United States Department of State has   in place any travel warning related to COVID-19 for any country from   which citizens have unlawfully entered the United States during the   most recent year for which there is available data.          (b)  A person who enters this state from a foreign country   other than in accordance with Subsection (a), to the extent   consistent with the United States Constitution, shall be removed to   the country from which they entered the United States, 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 4. SEVERABILITY; EFFECTIVE DATE          SECTION 4.01.  (a)  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.          (b)  Subsection (a) of this section does not affect another   severability provision contained in this Act.          SECTION 4.02.  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 on the 91st day after the last day of   the legislative session.