The Texas border bill that should've been signed into law.

Hint: HB 20 isn't it...

Photo: Sheena Rodriguez, Eagle Pass

Just a few months into Fiscal Year 2024, more than 180,000 encounters have occurred across the five Texas sectors, according to Customs and Border Protection (CBP). So far, most encounters in F.Y. 24 are comprised of family member units (85,864) and single adults (83,282). While the U.S. is now in the 4th year under the Biden administration, a small number of bills regarding border security have been signed into law, such as Senate Bill (SB) 4. However, many other good bills failed to make it across the finish line. In addition to the carried legislation by Representative Stan Kitzman (Bellville, Dist. 85) attempting to address long-standing issues with HHS-contracted facilities, another critical piece of legislation AST had hoped would’ve made it to the Governor’s office is House Bill (HB) 127 (88(3)) by Representative Ryan Guillen (Rio Grande City, Dist. 31).  

Source: CBP

Previously, there was a lot of focus and chatter on HB 20, authored by Representative Matt Schaefer (Tyler, Dist. 6). Many within Republican circles dubbed HB 20 as “THE Border Bill” of the 88th session. HB 20 aimed to create a “Border Protection Unit,” applicable when the Governor invokes Section 10, Article I of the U.S. Constitution. The bill also aimed to implement a state version of Title 42, and increased trespassing penalties. 

However, many others and I had several concerns with the bill, which led me to testify a neutral position on behalf of myself and Alliance for a Safe Texas. Some of my concerns revolved around the further expansion of a singular state law enforcement agency (in this case, the TX Department of Public Safety, DPS). As I still maintain with other recently passed legislation, I also believe there is an ongoing failure to adequately make the case of constitutionality. 

When I first met with Rep. Guillen’s office a few hours after the draft for HB 127 was released from counsel, it was immediately evident that the Representative and his staff worked diligently and with significant consideration for the issues. HB 127, I maintain, was the best bill and, what I would argue, the most constitutional piece of legislation compared to other legislative efforts with similar goals. HB 127 aims to address not only immediate concerns of the border crisis but, perhaps most importantly, sets the stage for a more effective long-term plan to address border security as a state. 

Although the current circumstances emphasize the immediate need for unprecedented actions, from a legislative standpoint, if the intended outcome of a bill is only applicable to address an immediate and temporary concern or circumstance, it should not be law. That is what executive orders are helpful for, and as a conservative constitutional Republican, the last thing I want is for the process and intent of the legislation to be easily achieved for temporary purposes. If it does not help Texas and her citizens long-term, it is not worth my time. HB 127, as initially filed, would have been authorized through September 2031 with the possibility of expanding reauthorization by the state legislative body. Texas has always spent money and resources on border security efforts and always will simply due to our geographic location. 

For example, according to the Texas Tribune, from Fiscal Year 2008/2009 through Fiscal Year 2018/2019, more than $2.2 billion was spent on border security, with most appropriated funds going to the DPS. If HB 127 were passed, some of these funds could instead be appropriated to a dedicated standalone Homeland Security Division with a specific focus on border security working in collaboration with other agencies across the state. These changes would potentially help relieve the deficiencies felt across the state when DPS agents are sent from the interior to the border regions.

Source: Texas Tribune

In August 2023, I laid out a few of the key goals Alliance for a Safe Texas was looking for in “THE Border Bill” for the 88^th session and encouraged supporters to advocate for it. That included:

• The reconstitution of the Texas Department of Homeland Security as a stand-alone department.

• Funding and support for Regional Cooperative Task Forces, which will collaborate with Operation Lone Star.

• Support for expanded elite brush teams.

• Creation of a stand-alone Texas Border Force under the direction of the Texas Border Czar.

HB 127 either checks off several desired outcomes or sets the ground for the possibility of such actions. Let's discuss some of the key provisions of HB 127 and why we advocated for the bill alongside our sponsored legislation during the 3rd special session and will continue to do so moving forward. 

The Establishment of the Texas Homeland Security Division

The TX Homeland Security Division as written in HB 127 would be "a division within the office to provide cross-functional expertise to border protection operations and improve efficiency and effectiveness of the border protection operations of the state agencies and political subdivisions of this state." ” Different from HB 20, the Texas Homeland Security Division and the border operations would not be under DPS, but rather a standalone separate agency that works in conjunction with other law enforcement agencies, the Governor's office, the state legislative body, the Border Security Advisory Council, and the Border Prosecution Unit. The Governor would appoint the secretary of the division.

In the bill, the TX Homeland Security Division would be headquartered and establish additional offices along the Texas southern border areas with no limitations by local governments to limit authority or jurisdiction. The legislation also includes equipment, technology, border barriers, and the expansion of training officers for brush teams. The division officers would have the authority 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, up to the use of non-deadly crowd control measures."

Realistically, even if/when a federal administration serious about border security and interior enforcement replaces the current administration, the negative impacts within the state's interior must be addressed, particularly in densely populated areas. With that, I believe HB 127 provides the potential for expanding Operation Lone Star regional task forces across the state, similar to that which Sheriff Roy Boyd of Goliad County has referred to. Sheriff Boyd told the Center Square, "There's not a county that does not have some level of cartel presence." If a county has "dope or slave labor," referring to human trafficking and forced labor, he said, "you've got a cartel problem or an organized crime problem." 

Human and drug trafficking rings and violent gangs, many with cartel affiliations, are present throughout the state and remain well embedded in metro areas, especially Houston and Dallas. The Homeland Security Division would be beneficial for the state to combat human and drug trafficking rings, as many networks are directly connected to transnational criminal organizations operating over the southern international boundary.  HB 127 also provides the legislative authority for the Texas Governor to enter into agreements with Mexican states to protect citizens and a compensation program for property damage caused by illegal border activity. 

With growing hostility between the federal government and our sovereign state, it is increasingly evident that substantive solutions are long overdue. This will be even more necessary if the policies of the current administration or the President do not change after the November elections. If another special session is called after the primaries, I hope that border security with a focus on the establishment of a border force (and, of course, addressing long-standing issues with HHS-contracted facilities) will be a top priority.

Arguably, the recent passing of SB 4, or any other law, provides little benefit without the infrastructure and agencies in place to effectively execute the law. Despite the best intentions, SB 4, HB 20, and others fall short of accomplishing the substantive and necessary changes that HB 127 provides. Texas cities and counties, particularly in rural areas, need their DPS troopers back in their respective communities. Law enforcement agencies across the state need the tools, resources, and manpower to address growing cartel strongholds across the state effectively. Establishing the Texas Homeland Security Division, as detailed in HB 127, would be a productive step in the right direction for border security and interior enforcement, which the state sorely needs. 

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