Texas 2023 - 88th 1st C.S.

Texas House Bill HB2

Filed
5/30/23  
Out of House Committee
5/30/23  
Voted on by House
5/31/23  
Out of Senate Committee
6/6/23  
Bill Becomes Law
 

Caption

Relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.

Impact

The new penalties established by HB2 include elevated classifications of felonies, such as third, second, and even first-degree felonies depending on the circumstances surrounding the smuggling offenses. For instance, if a smuggled individual suffers serious bodily injury or death or if the smuggling involves a child, the consequences for offenders are significantly increased. This shift in legal consequences aims to enhance the accountability of smugglers and diminish human trafficking operations across the state.

Summary

House Bill 2 (HB2) addresses the issue of human smuggling along the Texas-Mexico border by increasing the criminal penalties associated with the smuggling of persons and the operation of stash houses. The bill aims to provide stronger deterrents against those who exploit vulnerable individuals during their crossings. It specifically targets smugglers, also known as 'coyotes,' and escalates punishment for crimes that facilitate such activities, making these offenses more serious under the Texas Penal Code.

Sentiment

The sentiment surrounding HB2 seems fairly supportive among those who prioritize border security and tight enforcement of laws against human trafficking. Supporters argue that stricter penalties are necessary to deter criminal activities that exploit migrants. However, some criticism arises from concerns about how the law may affect undocumented immigrants, as opponents fear that increasing penalties solely targets the smugglers without addressing the root causes of migration. The distinction made between the smugglers and the smuggled remains a significant point of discussion within this legislative context.

Contention

While HB2 aims to strengthen Texas laws against human smuggling, it raises notable questions regarding enforcement and the potential impacts on the immigrant population. Entities concerned with civil rights argue that harsher penalties against smugglers might lead to further victimization of the smuggled individuals, who could become more vulnerable in an already precarious situation. The bill's implementation will need to be monitored closely to assess its effectiveness in curbing smuggling while safeguarding the rights and well-being of those traversing the border.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
    • Section: 05
    • Section: 06
    • Section: 07
    • Section: 05
    • Section: 06
    • Section: 07
    • Section: New Section
  • Chapter 22. Assaultive Offenses
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
    • Section: 10
    • Section: New Section
    • Section: New Section
    • Section: 10
  • Chapter 30. Burglary And Criminal Trespass
    • Section: New Section
    • Section: 04
    • Section: 05
    • Section: New Section
    • Section: 04
    • Section: 05
    • Section: New Section
    • Section: New Section
  • Chapter 38. Obstructing Governmental Operation
    • Section: 04
    • Section: 04
    • Section: New Section
    • Section: New Section
  • Chapter 12. Punishments
    • Section: 50
    • Section: 50

Companion Bills

TX SB5

Identical Relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.

TX HB3

Same As Relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.

TX HB3

Same As Relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.

Previously Filed As

TX HB800

Relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.

TX HB3500

Relating to the punishment for certain criminal conduct involving the smuggling of persons, the operation of a stash house, or evading an arrest or detention; increasing criminal penalties.

TX HB1316

Relating to the prosecution and punishment of certain criminal offenses involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.

TX SB129

Relating to the prosecution and punishment for possession or promotion of child pornography; increasing criminal penalties.

TX HB165

Relating to the prosecution of and punishment for an aggravated assault occurring as part of a mass shooting; increasing a criminal penalty.

TX SB2074

Relating to the prosecution of and punishment for an aggravated assault occurring as part of a mass shooting; increasing a criminal penalty.

TX SB465

Relating to certain criminal conduct involving a catalytic converter; creating a criminal offense; increasing criminal penalties.

TX SB1267

Relating to the punishment for the criminal offense of operation of a stash house; increasing a criminal penalty.

TX SB1427

Relating to certain criminal conduct and organizations that threaten the security of this state and its residents and borders; increasing criminal penalties.

TX SB600

Relating to increasing the minimum term of imprisonment for certain criminal offenses involving the smuggling of persons.

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