88S30421 JRR-F
By: Bumgarner H.B. No. 114
A BILL TO BE ENTITLED
AN ACT
relating to creation of the criminal offense of improper entry from
foreign nation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Penal Code, is amended by adding
Section 38.20 to read as follows:
Sec. 38.20. IMPROPER ENTRY FROM FOREIGN NATION. (a) A
person who is not a citizen or national of the United State commits
an offense if the person:
(1) enters or attempts to enter this state from a
foreign nation at any time or place other than as designated by
United States immigration officers;
(2) eludes examination or inspection by United States
immigration officers; or
(3) attempts to enter or obtains entry to this state
from a foreign nation by an intentionally false or misleading
representation or the intentional concealment of a material fact.
(b) An offense under this section is a Class A misdemeanor,
except that if it is shown on the trial of the offense that the
person has previously been finally convicted of:
(1) an offense under this section, the offense is a
state jail felony;
(2) a state jail felony described by Subdivision (1)
or any other felony not listed in Article 42A.054(a), Code of
Criminal Procedure, the offense is a felony of the second degree; or
(3) a felony listed in Article 42A.054(a), Code of
Criminal Procedure, the offense is a felony of the first degree.
SECTION 2. This Act takes effect December 1, 2023, if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for effect on that
date, this Act takes effect on the 91st day after the last day of the
legislative session.