Texas 2023 - 88th Regular

Texas House Bill HB3012

Filed
2/28/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the prosecution of the offense of smuggling of persons.

Impact

The amendments proposed in HB 3012 signify a shift in how the state approaches the prosecution of human smuggling offenses. By including additional land classifications, the bill seeks to empower law enforcement to take stronger action against individuals who engage in these illegal activities on protected lands. This could potentially lead to stricter enforcement of existing laws and an increase in the number of prosecutions for offenses related to human smuggling activities, especially in areas identified as vulnerable to such crimes.

Summary

House Bill 3012 addresses the prosecution of human smuggling offenses by expanding definitions in the Texas Penal Code to include cultural resource sites, natural areas, open space areas, and parks. This legislative change is intended to enhance protections for parklands against criminal activities, specifically relating to human smuggling by cartels. By incorporating these areas into the smuggling statute, the bill aims to mitigate the risks posed by organized crime along the borders, emphasizing the need for stronger law enforcement capabilities in protecting Texas’ natural and cultural assets.

Sentiment

Overall, the sentiment surrounding HB 3012 appears supportive, particularly among stakeholders focused on preserving Texas' natural resources and combating organized crime. Advocates, including property rights associations, expressed backing for the bill, arguing that it closes loopholes that could be exploited by cartels. However, there are underlying concerns among critics regarding the potential for overreach in law enforcement powers and the implications it may have on innocent individuals who may find themselves caught in legal repercussions as a result of sweeping regulations.

Contention

One notable point of contention was discussed in committee hearings, where concerns were raised about how the bill might affect families and individuals crossing parklands during enforcement actions aimed at human smuggling. Critics worry that extending the coverage of the smuggling statute could inadvertently criminalize innocent individuals, especially nonviolent migrants and their families. The balance between effective law enforcement and safeguarding individuals' rights is a focal point in the ongoing discussion about the bill and its anticipated repercussions.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
    • Section: New Section
    • Section: 05
    • Section: New Section
    • Section: 05

Parks And Wildlife Code

  • Chapter 24. State Assistance For Local Parks
    • Section: New Section

Companion Bills

TX SB1248

Similar Relating to the prosecution of the offense of smuggling of persons.

Similar Bills

No similar bills found.