SCR 39

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
neutral
Personal Responsibility
neutral
Limited Government
neutral
Individual Liberty
Digest

SCR 39 is a formal legislative measure expressing the Texas Legislature’s strong disapproval of the Biden administration's border security policies, which it deems insufficient and detrimental to state and national safety. The resolution outlines the escalating threat posed by transnational criminal cartels exploiting weaknesses at the U.S.–Mexico border. It emphasizes the dramatic increase in fentanyl seizures as indicative of a worsening crisis and argues that the federal government's failure to secure the border constitutes a breach of its constitutional duty.

In response, SCR 39 commends Texas’s state-led efforts through Operation Lone Star, highlighting initiatives such as border barrier construction, technology deployment, and the mobilization of the National and State Guard. It reports that Texas has spent $11 billion on these efforts and calls for reimbursement from the federal government. The resolution also praises the Trump administration’s approach to border enforcement and expresses support for the “new administration’s” efforts, implying a shift from current federal practices.

The resolution concludes by urging the federal government to provide additional resources, recognize and support state-led border efforts, and act immediately to restore order and sovereignty at the southern border. Copies of SCR 39 are to be sent to federal officials and members of Congress, with a request that it be entered into the Congressional Record as a testament to Texas’s commitment to securing the border.

Author (1)
Brandon Creighton
Co-Author (3)
Brent Hagenbuch
Adam Hinojosa
Mayes Middleton
Fiscal Notes

While SCR 39 is a concurrent resolution and does not enact binding law or appropriate state funds, it carries significant fiscal implications by highlighting and justifying Texas’s ongoing and substantial financial commitment to border security. The resolution states that the state has spent approximately $11 billion on border enforcement efforts under Operation Lone Star. These expenditures include the deployment of advanced surveillance technologies, the construction of physical border barriers, and the mobilization of both the Texas National Guard and the State Guard.

Although the resolution does not request new state appropriations, it implicitly supports the continuation of these high-cost initiatives by presenting them as necessary responses to federal inaction. It may encourage further investment in border security by validating these programs as effective and necessary. This posture could place ongoing pressure on the state budget, potentially diverting funds from other priorities such as education, healthcare, or infrastructure.

Moreover, the resolution calls on the federal government to reimburse Texas for these border security costs. While this request, if honored, could offset state expenditures, it is not binding on Congress or the executive branch. Therefore, unless federal reimbursement is secured—which historically has been limited—Texas taxpayers will likely continue to bear the financial burden of these initiatives. This places a long-term strain on state finances, particularly if border conditions persist or worsen.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on SCR 39 but also strongly suggests that lawmakers amend the bill as described below. We recognize the resolution’s legitimate call for federal accountability while proposing a fiscally responsible and liberty-enhancing improvement. The resolution underscores Texas’s frustration with federal border policy by highlighting the state's unilateral $11 billion expenditure on Operation Lone Star to combat cartel activity, human trafficking, and fentanyl smuggling. It urges federal reimbursement and increased cooperation in future border security efforts.

However, while SCR 39 reflects the concerns of many Texans regarding public safety and state sovereignty, it lacks a critical mechanism to ensure that any federal reimbursement serves taxpayers directly. The proposed amendment addresses this by recommending that any recouped federal funds be deposited into the Property Tax Relief Fund. This measure realigns the resolution with core liberty principles—particularly limited government and fiscal responsibility—by tying extraordinary state spending to tangible taxpayer benefits rather than perpetuating government expansion.

With this amendment, SCR 39 transforms from a symbolic resolution into a policy statement with real fiscal accountability. It preserves the state’s advocacy for stronger border protections while ensuring that taxpayers, who ultimately bear the financial burden, receive direct relief if the federal government reimburses Texas. This enhances the resolution's alignment with both conservative and liberty-minded values.

  • Individual Liberty: The resolution itself does not create or amend law, but it endorses robust state-led border enforcement initiatives. While such enforcement aims to improve safety, it can raise concerns about the potential erosion of civil liberties—particularly through increased surveillance, warrantless searches, or militarized policing near the border. Without explicit safeguards for constitutional rights, the expansion of these efforts risks infringing on individual freedoms.
  • Personal Responsibility: The bill places accountability squarely on the federal government for perceived failures in border security. It rightly demands federal reimbursement for state efforts but does not promote personal or community engagement in solving the broader immigration or public safety issues. A more balanced approach might highlight the role of local actors, property owners, and civic institutions in promoting border-area resilience.
  • Free Enterprise: Large-scale border enforcement operations can sometimes disrupt commerce, especially in cross-border trade zones and local economies reliant on migrant labor or cross-border movement. Though SCR 39 does not introduce new regulations, its endorsement of intensified state operations could, if continued or expanded, result in economic friction. This potential impact should be monitored to avoid unintentional interference with free market activity.
  • Private Property Rights: The resolution does not directly impact property rights but reinforces the legitimacy of ongoing state border operations that may include land seizures for barrier construction or restricted land use along the border. Without protections or due process provisions, future policy built on this resolution could challenge property owners' rights in border areas. Including language that acknowledges property rights would strengthen its alignment with this principle.
  • Limited Government: The bill supports a massive $11 billion state-led initiative—Operation Lone Star—which involves the significant deployment of personnel and equipment. While aimed at compensating for federal inaction, such operations can expand state power and spending beyond constitutional intent. However, with the proposed amendment to direct any federal reimbursements into the Property Tax Relief Fund, the resolution reorients toward fiscal restraint and taxpayer benefit. This shift enhances alignment with limited government by ensuring that extraordinary state action does not become a pretext for permanent expansion or unchecked spending.
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