Texas House Bill HB139

Texas 2009 - 81st Regular

• Filed: 11/10/08

Caption

Relating to the creation of the offense of unlawful transport of an undocumented person.

Impact

The bill classifies offenses under this provision as state jail felonies, with escalated penalties to a third-degree felony if the transportation is for pecuniary benefit or if it creates a substantial likelihood of bodily injury to the undocumented person. The legislation emphasizes legal accountability for individuals involved in such transport, which can significantly impact families and community dynamics, particularly for those with undocumented relatives.

Summary

House Bill 139 aims to create the offense of unlawful transport of an undocumented person in Texas. The bill specifically defines an 'undocumented person' as someone not a citizen or national of the United States and unlawfully present, referencing applicable federal law. Under this legislation, it will be an offense to transport such individuals in a manner intended to conceal them from local, state, or federal law enforcement authorities.

Conclusion

Overall, HB139 reflects ongoing debates around immigration enforcement at the state level, crossing points of law enforcement and community relations. While proponents of the bill argue it is a necessary tool to enhance public safety and uphold immigration laws, opponents may view it as an overreach that could criminalize humanitarian assistance, heightening tensions around immigration issues in Texas.

Contention

A notable aspect of the bill is the inclusion of an affirmative defense, which allows for prosecution exemptions if the actor is related to the undocumented individual within the third degree of consanguinity or affinity. This component seeks to address concerns that the bill might adversely affect routine familial assistance; however, it raises ethical questions about the implications of criminalizing moral support extended within families.