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OBSERVATIONS OF TEXAS GOVERNOR’S BORDER AUTHORITY

by J. Christopher Byrd

1. The Governor of Texas is the Commander-In-Chief of the State’s military forces having the power to call upon thereon as necessary to execute the laws of the State and repel invasions.

2. The Invasion Clause in Art. IV, § 4, U.S. Const. provides that “[t]he United States … shall protect each [state in this union] against invasion.”

3. The State Self-Defense Clause in Art. I. § 10, U.S. Const. provides that a State may defend itself or “make war” when it has been “actually invaded, or in such imminent Danger as will not admit of delay,” and the State does not need the consent of Congress to do so.

4. The Invasion Clause and State Self-Defense Clause provide dual protection for the States to defend themselves and “make war” if necessary to do so. Companion is the border control Import-Export Clause.

5. The Texas Disaster Act of 1975 confers upon the governor broad powers to “reduce vulnerability” of Texans to “damage, injury, and loss of life and property resulting from man-made catastrophes, riots, or hostile military or paramilitary action”. Such authority permits the governor to issue executive orders and proclamations which have the “force and effect of law” if the governor finds a disaster has occurred or that the occurrence or threat of disaster is imminent and further confers commander-in- chief status of all state agencies on the governor during a state of disaster.

6. On March 19, 2020, in response to COVID-19, Governor Abbott issued the first of recent executive orders, GA-08 invoking his authority fulfilling statutory responsibility as governor under the Texas Disaster Act of 1975 and has since such time renewed his declaration of statewide disaster each month.

7. On July 7, 2022 Governor Abbott issued GA-41, “Relating to returning illegal immigrants to the border.” Such order cited the President’s “abandonment” of the Invasion Clause covenant forcing the State of Texas to deploy state military forces under the State Self-Defense Clause to repel illegal immigrates and cartel operatives causing imminent threat of disaster.

8. On September 21, 2022 Governor Abbott issued GA-42, “Relating to designation of Mexican drug cartels as foreign terrorist organizations” which cited the surge of individuals unlawfully crossing the border posing imminent threat of disaster and designated certain Mexican drug cartels as foreign terrorist organizations for the purposes of disruption, seizure of operatives, assets, cash and the dismantle of infrastructure and interdiction of transnational criminal activity.

9. On November 15, 2022 Governor Abbott invoked the Invasion Clauses of the Texas and U.S. Constitutions and on the 16th, he wrote President Biden a letter citing the Biden “policy of an open-border” as the “sole cause of Texas having to invoke [its] constitutional authority to defend [itself]” under the State Self-Defense Clause to repel illegal border crossers and arrest criminals violative of Texas Law.

10. Article IV, § 7 Tex. Const. and the Texas Gov. Code §§ 431.111; 437.002 all confer full authority on the governor as Commander-In-Chief to call on all military forces, including reserve militia, to repel or suppress, invasion, threatened invasion as necessary to bring peace, restore law and order and enforce all laws.

Prop A overwhelmingly defeated in San Antonio

Proposition A was defeated by a large margin of 28-72 Saturday night.

The measure was the biggest turnout driver this election: more people voted on the contentious proposal than in the San Antonio mayor’s race.

Called the “San Antonio Justice Charter” by supporters, Prop A would have decriminalized marijuana possession and abortion, expanded the city’s expanded cite-and-release program, created a new “justice director” position, and embedded bans on choke holds and no-knock warrants in the city charter.

The cite-and-release expansion proved to be the most controversial element, with opponents arguing it would increase crime. The proposition would have made it largely mandatory for officers to issue citeable offenses whereas they currently have discretion to cite or arrest.

…

San Antonio Police Officer Association President Danny Diaz called the voting results “impressive” and credited the community for informing themselves about the measure and defeating it at the polls.

Garrett Brnger

Garrett Brnger is a reporter with KSAT 12.

and

David Ibañez

David Ibañez has been managing editor of KSAT.com since the website’s launch in October 2000.

Click here for the full article.

SAY “NO” TO PREDATORY GAMBLING

Do you support casino gambling under the guise of “family entertainment?” The push is on for resort gambling casinos in Texas. If you’re concerned about the very real negative consequences of predatory gambling, let your elected officials know how you feel. Call them or email them. Message them on social media. Big gambling corporations want a piece of Texas. You have a choice. Contact your elected officials today.

Legislative Updates

BREAKING! HB 900 “The READER Act”:

HB 900 “The READER Act” passes its third reading in the Senate 19 to 12. It will head to Governor Abbott’s desk for signature.

Congratulations to Rep. Jared Patterson & Senator Angela Paxton for getting this to the Governor’s desk with NO amendments.

Grassroots, we couldn’t have gotten this across the finish line without you. The relentless Capitol visits, emails, and phone calls moved the needle.

Let us all pause and give HONOR and GLORY to the One to whom ALL honor is due: our Lord and Savior Jesus Christ.

We will rest easy tonight knowing that the children of Texas are now safe from these #filthybooks.

Thank you to North Texas Conservatives for this content.

#ntxconservatives #txlege #txlege88 #RPT #rptpriorities

This is video from last night in the Texas House of Representatives where it appears that TX House Speaker Dade Phelan is either really drunk or having a stroke.

GREAT NEWS OUT OF AUSTIN:

Last night, SB14 (Ban Gender Modification of Children) passed its second vote in the House! It will now go on to its third reading, which is a matter of procedure.

It now appears as though Child Gender Modification will be banned in Texas. There is amended language that will make this effective immediately, once the bill formally becomes law.

There is hope, in that several Democrat Representatives voted with Republicans to ban the gender modification of children in Texas.

We want to thank everybody that had a part in supporting SB 14 and HB 1686. The Grassroots Movement made their voice heard. Thank you to those who made phone calls, sent emails, posted on social media, and made their presence known at the state capitol. We are grateful to conservative media that covered this cause in an effort to inform the people. Your efforts made a difference.

Let’s continue to lean forward and push hard as we power through the remainder of this 88th legislative session. Glory to God and Texas.

Lynn Davenport spoke against HB 1605, Morath’s Amplify Bill. You can get involved, too. Go to Austin and let your voice be heard in these very important committee hearings.

HB 1605 “Digital Common Core”

There are some positive components to the bill, but they are outweighed by the expanded authority of the commissioner and TEA and the uncertainty about how his programs will be funded. A sound principle of educational governance is to have an elected body overseeing the actions of administrators, whether this is in the school districts or the state agency. Currently, the commissioner is accountable to no one except Governor Abbott and this bill expands his unaccountable authority.

LEGISLATIVE PRIORITIES, LP REPORT, SREC NEWS

Legislative Priorities Report for 4.24.23

Last summer at the Republican Party of Texas state convention, delegates voted “Protect Our Elections” as the top legislative priority. This is the second state convention in a row that election integrity has been the number one priority.

The current priority reads, “Restore felony penalties and enact civil penalties for Election Code violations, which shall be enforceable by any Texas jurisdiction, including the Texas Attorney General. Require citizenship verification of each voter. Restrict the distribution of mail-in ballots to only disabled, military, and citizens that are out of state. Reduce the time allowed for early voting and eliminate the three-day gap between early voting and election day. Establish closed primaries in Texas. As technology evolves, we encourage the passage of legislation that ensures the security of our elections.”

In the March 2022 primary, securing our elections was also top ranked, receiving 95.7% support from over two million Texas Republican voters. During the November 2022 general election, we saw many issues arise in two of our largest counties, Harris and Dallas, indicating a need for new legislation to address voting fraud and election irregularities.

The Senate has passed multiple excellent bills that address many of these concerns. Yet the House Elections Committee appears to be reluctant to vote out any bills that address our priority. There is a very small contingent of people within the party (yes, Republicans) who do not want these bills to see the light of day. This is wrong, and we encourage Chairman Smith to stop listening to bad advice and begin moving these bills.

Events

On April 29, there was an assembly at the Texas Capitol to demand that our elected leaders take action to end the humanitarian crisis at our southern border.

HOW MANY MORE….Texas must do something to stop human trafficking, child trafficking, drug trafficking and all the other forms of criminality that are a direct result of our open border crisis. The federal government has demonstrated that they won’t do anything to secure the border. Therefore, out of desperate necessity, Texas must act. People are dying every day because of our open border crisis. Governor Abbott and our Texas State Legislature have a duty to act.

When: April 29, 2023

Time: 1-4 PM

AUSTIN, TEXAS CAPITOL – 1100 CONGRESS AVE., AUSTIN, TX 78701

There are currently no upcoming events.