82R3600 GCB-D
By: Patrick S.B. No. 394
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of unlawful transport of an
undocumented person.
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 OF UNDOCUMENTED PERSON.
(a) In this section, "undocumented person" 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:
(1) transports an undocumented person in a manner that
is designed to conceal the undocumented person from local, state,
or federal law enforcement authorities; or
(2) is an undocumented person and intentionally
participates in being transported in the manner described by
Subdivision (1).
(c) Except as otherwise provided by Subsection (d), an
offense under this section is a state jail felony.
(d) An offense under Subsection (b)(1) 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 undocumented person will suffer bodily injury.
(e) 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.