| 1 | 1 | | 81R953 UM-D |
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| 2 | 2 | | By: Gonzalez Toureilles H.B. No. 139 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of the offense of unlawful transport of an |
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| 8 | 8 | | undocumented person. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 20A, Penal Code, is amended by adding |
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| 11 | 11 | | Section 20A.03 to read as follows: |
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| 12 | 12 | | Sec. 20A.03. UNLAWFUL TRANSPORT OF UNDOCUMENTED PERSON. |
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| 13 | 13 | | (a) In this section, "undocumented person" means a person who: |
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| 14 | 14 | | (1) is not a citizen or national of the United States; |
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| 15 | 15 | | and |
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| 16 | 16 | | (2) is unlawfully present in the United States |
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| 17 | 17 | | according to the terms of 8 U.S.C. Section 1101 et seq. |
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| 18 | 18 | | (b) A person commits an offense if the person transports an |
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| 19 | 19 | | undocumented person in a manner that is designed to conceal the |
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| 20 | 20 | | undocumented person from local, state, or federal law enforcement |
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| 21 | 21 | | authorities. |
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| 22 | 22 | | (c) Except as otherwise provided by Subsection (d), an |
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| 23 | 23 | | offense under this section is a state jail felony. |
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| 24 | 24 | | (d) An offense under this section is a felony of the third |
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| 25 | 25 | | degree if the offense is committed: |
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| 26 | 26 | | (1) for pecuniary benefit; or |
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| 27 | 27 | | (2) in a manner that creates a substantial likelihood |
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| 28 | 28 | | that the undocumented person will suffer bodily injury. |
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| 29 | 29 | | (e) It is an affirmative defense to prosecution under this |
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| 30 | 30 | | section that the actor is related to the undocumented person within |
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| 31 | 31 | | the third degree of consanguinity or at the time of the offense |
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| 32 | 32 | | within the third degree of affinity. |
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| 33 | 33 | | (f) If conduct constituting an offense under this section |
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| 34 | 34 | | also constitutes an offense under another section of this code, the |
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| 35 | 35 | | actor may be prosecuted under either section. |
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| 36 | 36 | | SECTION 2. This Act takes effect September 1, 2009. |
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