Eagle Pass City Council to Review Mayor’s Signing of Criminal Trespass Affidavit Authorizing Texas Department of Public Safety to Enforce Criminal Trespass Statute at Public Park
By: Ricardo E. Calderon, Eagle Pass Business Journal, Inc., Copyright 2023
The City of Eagle Pass, Texas City Council will review the signing of a Criminal Trespass Affidavit by Mayor Rolando Salinas, Jr. authorizing the Texas Department of Public Safety (DPS) “to enforce the criminal trespass statute, Section 30.05 of the Texas Penal Code, against any person who is not authorized to be on said property” located at 220 West Main Street, Eagle Pass, Texas known as Shelby Park under Agenda Item No. 24 at its regular meeting scheduled on Tuesday, August 1, 2023, at 5:30 p.m. at City Council Chambers, 100 S. Monroe Street, Eagle Pass, Texas.
Concerned Eagle Pass citizens complained that the Texas Department of Public Safety had taken possession and use of the city-owned public park known as Shelby Park on the banks of the Rio Grande at the United States-Mexico border to the exclusion of local citizens use and access of the public park and its public recreational areas, including baseball and soccer fields, public boat ramp, fishing on the Rio Grande, and open walking and jogging trails or areas, due to Mayor Salinas’ signing of a Criminal Trespass Affidavit at the request of a state prosecutor so that DPS could file misdemeanor criminal trespass charges against undocumented immigrants seeking political asylum or refugee status who entered the United States through the public park from Mexico.
Under Texas law, misdemeanor criminal trespass charges may be filed against persons who are unauthorized to be on private property, but not on public property such as the city-owned Shelby Park.
The Texas Department of Public Safety is alleged to have used or be using the Criminal Trespass Affidavit signed by Mayor Salinas to file criminal trespass charges on over 400 migrants seeking asylum or refugee status in the Untied States after crossing the Rio Grande from Mexico into Shelby Park, the municipal golf course, and underneath the two city-owned international bridges—raising legal questions whether such use of the Criminal Trespass Affidavit signed by Mayor Salinas is valid.
In earlier statements to the press, Mayor Salinas acknowledged signing the Criminal Trespass Affidavit at the request of a state prosecutor without taking it before the City Council for their consideration and approval. Subsequently, Mayor Salinas told the Eagle Pass Business Journal that he had signed the Criminal Trespass Affidavit under the City’s Emergency Declaration Powers, adopting Governor Greg Abbott and DPS’ justification for implementation of the controversial $10 Billion Operation Lone Star Program.
Agenda Item No. 24 of the Eagle Pass City Council meeting on Tuesday, August 1, 2023, calls for “Executive Session pursuant to Section 551.071 of Chapter 551, Texas Government Code—Consultation with legal counsel regarding the Department of Public Safety (DPS) Criminal Trespass Affidavit signed by Mayor Rolando Salinas for City-owned property adjacent to the Rio Grande River Vega affected by the migrant surge and river crossings; possible action in open session including but not limited to authorizing Administration and/or City Legal Counsel to affirm, rescind, terminate, modify, and/or renegotiate the terms related same.”
The Eagle Pass City Council will consult with legal counsel in executive session the Criminal Trespass Affidavit signed by Mayor Salinas and then come out into open session to discuss and take possible action on this agenda item, including the affirmation, rescission, termination, modification, and/or renegotiation of the terms.
Eagle Pass concerned citizens contend that Chapter 26 of the Texas Parks and Wildlife Code expressly provides the legal procedures required for the protection of public parks and recreational lands that the Eagle Pass City Council must follow and take into consideration in its deliberations concerning the Criminal Trespass Affidavit signed by Mayor Salinas.
Under Section 26.001(a) of the Texas Parks and Wildlife Code, it expressly requires a “municipality of the state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park, recreation area, scientific area, wildlife refuge, or historic site, unless the…municipality…acting through its duly authorized governing body or officer, determines that (1) there is no feasible and prudent alternative to the use and taking of such land; and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, recreation area, scientific area, wildlife refuge, or historic site, resulting from the use or taking.”
Section 26.001(b) of the Texas Parks and Wildlife Code further requires that “a finding required by Subsection (a) of this section may be made only after notice and a hearing as required by this chapter.”
Section 26.001(c) of the Texas Parks and Wildlife Code adds that “the governing body or officer shall consider clearly enunciated local preferences,…”
Furthermore, Section 26.002(a) of the Texas Parks and Wildlife Code requires that “when any program or project requires notice and a public hearing before approval, the notice must be given in writing to the person, organization, department, or agency that has supervision of the land proposed to be used or taken.”
Section 26.002(b) of the Texas Parks and Wildlife Code requires “the notice must state clearly the proposed program or project and the date and place for the public hearing. The notice must be given at least 30 days before the date for the public hearing.”
Section 26.002(c) of the Texas Parks and Wildlife Code requires “the notice must also be given to the public by publishing a notice similar to that specified in this section once a week for three consecutive weeks. The last days of publication must not be less than one week or more than two weeks before the date of the hearing. The notice must be published at least six days a week in the county where the land proposed to be used or taken is situated.”
Eagle Pass citizens contend that Chapter 26 of the Texas Parks and Wildlife Code clearly shows that the Eagle Pass City Council nor Mayor Salinas have complied with nor followed the requirements of state law concerning the use of public parks and recreational lands regarding the Criminal Trespass Affidavit signed by Mayor Salinas authorizing DPS to enforce the criminal trespass statute against migrants on the city-owned Shelby Park, notwithstanding any alleged Emergency Powers of the city.
Concerned citizens also contend that neither the Eagle Pass City Council nor Mayor Salinas provided notice of DPS’ use and possession of the city-owned Shelby Park for Operation Lone Star nor have they held a public hearing as required by Chapter 26 of the Texas Parks and Wildlife Code, and neither has the Eagle Pass City Council, as the governing body, have approved Mayor Salinas to sign the Criminal Trespass Affidavit authorizing DPS to enforce the criminal trespass statute against migrants at the city-owned Shelby Park.
