Newly Filed HB 162 & HB 163

Bills Will Help TX Cities & Keep Unaccompanied Minors Safe

We are in full swing of the 3rd special legislative session called by Governor Abbott at the beginning of the month. There have been approximately 300 bills filed in both chambers ranging from COVID-19, border security, education, and sub-categoric reform.

The issue of immigration, especially at the southern border of the United States, is complex and contentious. One aspect of this issue that has garnered significant media attention in recent years is the treatment and protection of unaccompanied minors in facilities in Texas and across the Country. As the number of families and children entering the country continues to rise, there is an urgent need for comprehensive laws to safeguard the rights and well-being of unaccompanied minors in these facilities as well as mitigating unnecessary strain on Texas communities where these facilities operate, particularly rural areas. This complex and often ignored topic by law makers continues to be a major focus for Alliance for a Safe Texas.

For the sake of background, unaccompanied minors are children who arrive at the United States border without their parents or legal guardians. The care of unaccompanied minors raises unique challenges and concerns regarding safety and protection as this is a highly traumatized and vulnerable population. While it is essential to address border security and immigration policy incentivizing this population to migrate to the U.S., it is equally vital to prioritize the well-being of these children who find themselves in situations which only furthers their exploitation. It is equally important to ensure municipalities, healthcare agencies, and law enforcement officials have access to imperative information necessary to ensure the safety of those in the facilities, as well as Texas communities.

We must engage lawmakers to enact specific legislation in order to fight for these children when they can’t defend themselves and various local and state officials who often find themselves powerless to even garner basic information from facility operators.

With the recent hard work of Representative Stan Kitzman’s office and Alliance for a Safe Texas, we are proud to announce that we have two bills that addresses many of these long-standing complex issues. We urge you to stand behind common-sense policy to protect these children and communities across Texas by supporting this vital legislation.

House Bill 162 by Representative Stan Kitzman (HD85 - Waller County),

Bill Caption: Relating to certain duties of the owner or operator of a residential child detention facility.

Summary:

HB 162 establishes several provisions that will enact the legal requirement for "residential child detention facility" to adhere to in order to, 1. Remain in compliance and operational, 2. Receive State funding, in the form of grants and operational funding aid.

Key provisions of the bill:

Conduct background checks of all personnel.
Criminal history of all personnel.
Report illnesses at the facility to the appropriate local health authority.
Describe the facility’s methods for preventing illness.
Create and provide emergency evacuation plans.
Create and maintain an education plan for the children residing at the facility for submission to and regulation by the state.
Submit quarterly compliance and safety inspection reports.
Maintain monthly facility occupancy records.

Final provision regarding funding:

The owner or operator of a residential child detention facility shall conduct a criminal history background check on all facility personnel if at least 10 percent of the facility’s operating expenses are provided directly or indirectly by the state. Notwithstanding any other law, if the owner or operator fails to conduct the check, the facility is ineligible to receive state funding until the state conducts an audit of the facility and publishes a report of the audit that is available to the public.

House Bill 163 by Representative Stan Kitzman (HD85 - Waller County),

Bill Caption: Relating to the licensing of child-care facilities providing care to certain unaccompanied children and the suspension of laws relating to the licensing of those facilities; creating a criminal offense.

Summary: HB 163 requires that HHS-Contracted facilities housing unaccompanied minors are licensed by the states. Creates a states jail felony for non-compliance.

Key Points:

HB 163 is a refile of HB 5000 during the regular 88th Session. By requiring HHS-contracted non-governmental organizations housing unaccompanied minors be licensed by the state, all safety measures and transparency currently required for licensed child-care facilities and agencies would also be applicable to NGO HHS facilities.

The need for comprehensive laws to protect unaccompanied minors in Texas-based HHS-contracted facilities is a critical and urgent matter. This bills reflects the United States and the state of Texas’ commitment to humanitarian values, child welfare, and due process while ensuring Texas has the tools necessary to protect our Texas communities. By addressing the unique challenges HHS-contracted facilities caring for unaccompanied minors present, we can strike a balance between state policy and compassionate treatment, ultimately creating a more just and safe environment for Texas and the children who can’t defend themselves.

What Action YOU can Take to Help

If you want to do your part and help defend these children and protect Texas communities, please contact your state representative by clicking here and ask them to support this bill.

Also, we need YOUR support to help get our two bills and other border security/interior enforcement bills across the finish line. We are not funded by any large donors and rely solely on donations from people like YOU. Help to keep us going through this special session: CLICK HERE TO DONATE.

Thank you!

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TXLEGE Special Session: Round 3

What You Need to Know: 3rd Special Session - Education, Border, COVID-19

Alliance for a Safe Texas (AST) was at the Capitol this week, working on getting our legislation (versions of HB 5000) submitted, garnering support, and providing requested input on border security and interior enforcement legislation. Since the launch of the 3rd Texas legislative special session things are well underway at a rapid pace. Bills are continuously being filed, including AST’s bills regarding HHS-contracted facilities. Last night, I was sent the draft of one of our bills and feel the bill is coming out strong! We will keep you updated as things progress.

On Tuesday, October 10th, the Senate Border Security Committee held its first hearing for the current special session considering SB 4 by Senator Pete Flores and SB 11 by Senator Brian Birdwell. As a reminder, SB 4 by Sen. Flores aims to increase penalties for smuggling and stash house operators. SB11 by Sen. Birdwell creates criminal offenses for illegal trespassers from those entering illegally from a foreign country. Both were passed favorably out of committee. On Thursday, October 12, 2023, both SB 4 and SB 11 were presented for a 3rd reading and passed out of the Senate and both on the way to the House.

Currently, the House State Affairs Committee is meeting on Monday, October 16th at 10:00 a.m. to hear SB 4 and SB 11. The public can submit comments in support of the bills now through the end of the hearing on Monday. Submit your public comment in support of SB 4 and SB 11 by clicking here: https://comments.house.texas.gov/home?c=c450

AST will be at the Capitol again this week. But we need your help! Advocacy costs money and an extraordinary amount of time. Help keep AST get our legislation and other border security bills across the finish line. Donate HERE

Below is the up dated bills list from the Senate and the House as of Saturday, 10/14:

Senate Bills

Latest Action: Passed by Senate, Next Action: Scheduled to be Heard in House State Affairs Committee, Monday, 16th

Caption: Relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.

· SB 11 by Sen. Birdwell, Co-Author – King

Latest Action: Passed by Senate, Next Action: Scheduled to be Heard in House State Affairs Committee, Monday, 16th

Caption: Relating to the creation of the criminal offense of improper entry from a foreign nation.

· SB 38 by Sen. Cr eighton

Latest Action: Filed 10/9

Caption: Relating to the exercise of eminent domain authority by the Texas Facilities Commission to build a wall along this state's international border.

· SB 50 by Sen. Springer

Latest Action: Filed 10/9

Caption: Relating to the admission to public schools of children unlawfully present in the United States and the eligibility of those children for the benefits of the available school fund and Foundation School Program.

· SB 51 by Sen. Kolkhorst

Latest Action: Filed 10/9

Caption: Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

· SCR 2 by Sen. Creighton

Latest Action: Filed 10/9

Caption: Declaring an invasion of the State of Texas by transnational cartel terrorists, urging the governor to accelerate the construction of a wall along the Southern Border, and demanding that Congress deploy military forces to combat transnational cartels.

House Bills

· HB 11 by Rep. Oliverson & Rep. Wilson

Latest Action: Referred to State Affairs 10/12

Caption: Relating to the procedure following the apprehension of an undocumented individual by the Department of Public Safety for illegal entry into this state from Mexico during certain declared disasters; creating a criminal offense.

· HB 12 by Rep. Leo-Wilson

Latest Action: Filed 10/6

Caption: Relating to the Department of Public Safety performing rapid DNA testing of certain individuals crossing the Texas-Mexico border.

· HB 14 by Rep. Cook

Latest Action: Referred to State Affairs 10/12

Caption: Relating to the punishment for the criminal offense of operation of a stash house; increasing a criminal penalty.

· HB 22 by Rep. Harrison

Latest Action: Filed 10/6

Caption: Relating to the authority to suspend entry into this state of certain persons.

· HB 23 by Rep. Geren

Latest Action: Referred to State Affairs 10/12

Caption: Relating to the creation of the criminal offense of improper entry from a foreign nation.

· HB 61 by Rep. Geren

Latest Action: Filed 10/6

Caption: Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

· HB 66 by Rep. Lozano

Latest Action: Filed 10/6

Caption: Relating to the prosecution of the offense of smuggling of persons.

· HB 67 by Rep. Lozano

Latest Action: Filed 10/6

Caption: Relating to the prosecution of organized criminal activity involving a controlled substance or dangerous drug.

· HB 72 by Rep. Cook

Latest Action: Filed 10/6

Caption: Relating to the punishment for the offense of trafficking of persons.

· HB 75 by Rep. Schaefer

Latest Action: Filed 10/6

Caption: 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.

· HB 79 by Rep. Schaefer

Latest Action: Filed 10/6

Caption: Relating to civil and criminal trespass while entering this state from a neighboring jurisdiction without consent of the owner; creating a criminal offense; creating a civil penalty.

· HB 83 by Rep. Cain

Latest Action: Referred to State Affairs 10/12

Caption: Relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.

· HB 85 by Rep. Cain

Latest Action: Filed 10/6

· HB 87 by Rep. Leo-Wilson

Latest Action: Filed 10/6

· HCR 1 by Rep. Oliverson

Latest Action: Referred to State Affairs 10/11

Caption: Calling for the thorough investigation of the Colony Ridge development in Liberty County and expressing support for legislation that prohibits illegal immigrants from purchasing land in communities across Texas.

· HCR 21 by Rep Schaefer

Latest Action: Referred to State Affairs 10/11

Caption: Demanding the federal government to declare foreign drug cartels as foreign terrorist organizations.

· HCR 2 by Rep. Oliverson

Latest Action: Referred to State Affairs 10/11

Caption: Urging the Texas attorney general to file suit against the federal government for injunctive relief from the Border Patrol's practice of destroying barriers placed by Texas along its international border.

· HB 93 by Rep. Harris

Latest Action: Filed 10/9

Caption: Relating to certain property interests of a foreign government in agricultural land.

· HB 102 by Rep Bailes

Latest Action: Filed 10/9

Caption: Relating to the unlawful possession of a firearm by a person not lawfully present in the United States.

· HB 104 by Rep. Vasut

Latest Action: Filed 10/9

Caption: Relating to civil and criminal consequences of trespassing on the property of another while entering this state from a neighboring jurisdiction; creating a criminal offense; providing a civil penalty.

· HB 109 by Rep. Bumgarner | DeAyala | Stucky | Troxclair | Frazier

Latest Action: Filed 10/9

· HB 114 by Rep. Bumgarner

Latest Action: Referred to State Affairs 10/12

Caption: Relating to creation of the criminal offense of improper entry from foreign nation.

· HB 117 by Rep. Lujan

Latest Action: Referred to State Affairs 10/12

Caption: Relating to the punishment for the criminal offense of operation of a stash house; increasing a criminal penalty.

· HB 81 by Rep. Leo-Wilson

Latest Action: Filed 10/6

· HB 126 by Rep. Guillen

Latest Action: Filed 10/11

Caption: Relating to impeding illegal entry into Texas by providing more funding for the construction, operation, and maintenance of border barrier infrastructure.

· HB 127 by Rep. Guillen

Latest Action: Filed 10/11

Caption: Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Homeland Security Division, and to compensate persons affected by those threats.

· HB 128 by Rep. Guillen

Latest Action: Filed 10/11

Caption: Relating to a border crime property damage compensation program.

· HB 129 by Rep. Guillen

Latest Action: Filed 10/11

Caption: Relating to border protection agreements between this state and the United Mexican States.

· HB 134 by Rep. Troxclair

Latest Action: Filed 10/11

Caption: Relating to the authority of a political subdivision to use public money to provide legal services for individuals unlawfully present in the United States.

· HB 135 by Rep. Troxclair

Latest Action: Filed 10/11

Caption: Relating to the recipients and subrecipients of financial assistance administered by the Texas Department of Housing and Community Affairs.

· HB 138 by Rep. Slawson

Latest Action: Filed 10/11

Caption: Relating to the enforcement within this state of certain federal laws regarding immigration.

Latest Action: Referred to State Affairs 10/12

Caption: Relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.

· HB 124 by Rep. 124

Latest Action: Filed 10/11

Caption: Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

HB 133 by Rep. Troxclair | Gerdes | Bumgarner

Latest Action: Filed 10/11

Caption: Relating to the prohibited use of public money to pay the costs of providing public benefits to certain persons.

· HB 142 by Rep. Toth

Latest Action: Filed 10/12

Caption: Relating to requiring the Department of Public Safety to maintain an office in Liberty County.

· HB 4 by Rep. Spiller

Latest Action: Filed 10/13

Caption: Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions, and authorizing the removal of persons who violate certain of those prohibitions in lieu of arrest; creating criminal offenses.

· HB 6 by Rep. Jetton

Latest Action: Filed 10/13, Referred to Appropriations Committee on 10/13

Caption: Relating to making an appropriation for the construction, operation, and maintenance of border barrier infrastructure.

· HB 151 by Rep. Bailes

Latest Action: Filed 10/13

Caption: Relating to the creation of an additional judicial district composed of Liberty County.

Newly Filed HB 162 & HB 163

TXLEGE Special Session: Round 3

What You Need to Know: 3rd Special Session - Education, Border, COVID-19

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