Compiled by JoAnn Fleming

History of the 88th Session RPT Legislative Priority

Secure our Border/Protect Texans

(92.3% Voter Support 2022 TX Republican Primary)

(92% Voter Support 2024 TX Republican Primary)

• The Governor should declare an invasion under Article 1, Sect. 10, Clause 3 of the US Constitution to PROTECT Texans from the invasion, stop illegal entry, send illegal border crossers back to Mexico.
• STOP all taxpayer funded services and subsidies to illegal aliens.
• Legislature shall direct the governor to enter an Interstate Compact for Border Security.

88th TX Lege Results?

Presented by Tom Glass 7/8/23 for TCG Coalition Summit as RPT Border Security Report

Two of the three parts of this priority were implemented. Legislatively, SB 1403, the interstate compact bill by Tan Parker (steered through the House by Rep. David Spiller) passed. Abbott declared an invasion, invoking US Constitution Article I, Section 10, Clause 3 in a November letter and started repelling during the session.

There were no bills passed to stop taxpayer subsidies to illegals; however, we accomplished something talked about for over a decade but never done. We actually got a comprehensive bill drafted to stop funding taxpayer services for illegal aliens. There was ZERO interest from any Republican legislator to file it!

A few minor border bills made it through (see below), but all the big items on border security – legislative support for the Governor’s invocation of Article I, Sec. 10 of the U.S. Constitution, the statutory authorization for Texas law enforcement to engage in tide-turning, game changing, “repel at the border” tactics, and a new force or unit to deploy those efforts all fell short. Along the way, we learned that neither Sen. Brian Birdwell nor Lt. Gov. Dan Patrick understand or support the need for Texas to repel at the border or to invoke Texas’ self-defense provision of Article I, Sec. 10. They consider border enforcement to be a 100% federal issue.

Abbott’s actions demonstrate that he believes he has the necessary tools to repel at the border – Texas Constitution Art. 4, Sec. 7 control of the Texas military to repel invasions and the Texas Disaster Act, which he invoked to involve Texas law enforcement in repelling illegals at the border. He also has a budget from the legislature to deploy millions of dollars in resources as he sees fit.

Rep. Matt Schaefer believed the Governor needed a new organization dedicated solely to border security to take pressure off the part-time Texas military and off the DPS which is designed to enforce Texas law in their home districts. This effort (HB 20) was killed late in session by Dade Phelan by upholding a Democrat point of order. No results were seen from any of the 88th Session Special Sessions.

Other border security bills that passed:

• SB 1900 Birdwell – Designates cartels as foreign terrorist organizations; applies street gang laws to foreign terrorist organizations (approved by LP committee).
• SB 602 Birdwell – Designates Border Patrol as Texas peace officers, allowing them to arrest for state crimes while detaining for federal border offenses.
• SB 1133 Blanco – Compensates landowners for damage to property from border invasion.
• SB 423 Paxton – Cleanup bill allowing Texas military to use unmanned aerial vehicles on border.