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Summary: HB 149 would make enforcement of the Sections 1021 and 1022 of the Federal Government’s National Defense Authorization Act (NDAA) illegal within the state of Texas. These provisions allow for, among other things, the indefinite detention of persons apprehended within the United States without charge or trial, and the transfer of persons apprehended within the United States to foreign jurisdictions. HB 149 would charge an official, agent, or employee of the United States with a Class A misdemeanor for enforcing these NDAA provisions, and Texas public officers or employees that enforce these NDAA provisions with a Class B misdemeanor. Class A misdemeanors carry a fine of $10,000 and up to one year of confinement, while Class B misdemeanors carry a fine of $5,000 and up to 180 days confinement.
Analysis: HB 149 is an ambitious attempt to secure several of the Constitutional rights we enjoy as Americans. We support this attempt. We do not know, however, whether this will withstand legal challenges and we do not have a position on whether the penalties stipulated by this bill are appropriate. For these reasons, we are neutral on HB 149.
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