82R17364 GCB-D
By: Howard of Fort Bend, et al. H.B. No. 892
Substitute the following for H.B. No. 892:
By: Hilderbran C.S.H.B. No. 892
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of unlawful transport of an
illegal alien.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 20, Penal Code, is amended by adding
Section 20.06 to read as follows:
Sec. 20.06. UNLAWFUL TRANSPORT 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 knowingly
transports an illegal alien in a manner that is designed to conceal
the illegal alien from local, state, or federal law enforcement
authorities.
(c) Except as otherwise provided by Subsection (d), an
offense under this section is a state jail felony.
(d) An offense under this section is a felony of the third
degree if the offense is committed:
(1) for pecuniary benefit; or
(2) in a manner that creates a substantial likelihood
that the illegal alien will suffer bodily injury.
(e) It is an affirmative defense to prosecution under this
section that the actor is related to the illegal alien within the
third degree of consanguinity or at the time of the offense within
the third degree of affinity.
(f) 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.
SECTION 2. This Act takes effect September 1, 2011.