81R316 UM-D
By: Howard of Fort Bend H.B. No. 4484
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of unlawful transport or
concealment of an illegal alien.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 20A, Penal Code, is amended by adding
Section 20A.03 to read as follows:
Sec. 20A.03. UNLAWFUL TRANSPORT OR CONCEALMENT OF ILLEGAL
ALIEN. (a) In this section, "illegal alien" means a person who:
(1) is not a citizen or national of the United States;
and
(2) is unlawfully present in the United States
according to the terms of 8 U.S.C. Section 1101 et seq.
(b) A person commits an offense if the person, with
recklessness as to another person's status as an illegal alien:
(1) transports the illegal alien in furtherance of the
alien's unlawful presence in the United States; or
(2) conceals the illegal alien from detection by
local, state, or federal law enforcement authorities.
(c) An offense under this section is a state jail felony.
(d) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section.
(e) It is an exception to the application of Subsection
(b)(1) that the offense occurred in the provision of:
(1) a state or local public benefit described in 8
U.S.C. Section 1621(b); or
(2) regulated public health services by a private
charity using private funds.
SECTION 2. This Act takes effect September 1, 2009.