Texas 2023 - 88th 3rd C.S.

Texas House Bill HB4 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Spiller, et al. (Senate Sponsor - Birdwell) H.B. No. 4
2	2	(In the Senate - Received from the House October 26, 2023;
3	3	October 26, 2023, read first time and referred to Committee on
4	4	Border Security; November 2, 2023, reported adversely, with
5	5	favorable Committee Substitute by the following vote: Yeas 3,
6	6	Nays 2; November 2, 2023, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE VOTE YeaNayAbsent PNVBirdwell X Flores X Blanco X Hinojosa X King X COMMITTEE SUBSTITUTE FOR H.B. No. 4 By: Birdwell
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10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the creation of the criminal offense of improper entry
14	14	from a foreign nation and indemnification of certain claims
15	15	relating to the enforcement of that offense.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Chapter 38, Penal Code, is amended by adding
18	18	Section 38.20 to read as follows:
19	19	Sec. 38.20. IMPROPER ENTRY FROM FOREIGN NATION. (a) In
20	20	this section, "alien" has the meaning assigned by 8 U.S.C. Section
21	21	1101, as that provision existed on January 1, 2023.
22	22	(b) A person who is an alien commits an offense if the
23	23	person:
24	24	(1) enters or attempts to enter this state from a
25	25	foreign nation at any location other than a lawful point of entry;
26	26	(2) eludes examination or inspection by United States
27	27	immigration officers; or
28	28	(3) attempts to enter or obtains entry to this state
29	29	from a foreign nation by an intentionally false or misleading
30	30	representation or the intentional concealment of a material fact.
31	31	(c) An offense under this section is a Class B misdemeanor,
32	32	except that if it is shown on the trial of the offense that the
33	33	person has previously been finally convicted of:
34	34	(1) an offense under this section, the offense is a
35	35	state jail felony;
36	36	(2) a state jail felony described by Subdivision (1)
37	37	or any other felony not listed in Article 42A.054(a), Code of
38	38	Criminal Procedure, the offense is a felony of the second degree; or
39	39	(3) a felony listed in Article 42A.054(a), Code of
40	40	Criminal Procedure, the offense is a felony of the first degree.
41	41	(d) It is an affirmative defense to prosecution under this
42	42	section that:
43	43	(1) the actor has been granted a federal immigration
44	44	benefit entitling the actor to:
45	45	(A) lawful presence in the United States; or
46	46	(B) asylum under 8 U.S.C. Section 1158;
47	47	(2) the actor's conduct does not constitute a
48	48	violation of 8 U.S.C. Section 1325(a); or
49	49	(3) the actor was approved for benefits under the
50	50	federal Deferred Action for Childhood Arrivals program between June
51	51	15, 2012, and July 16, 2021.
52	52	(e) For purposes of Subsection (d)(1), the following
53	53	federal programs do not confer federal immigration benefits
54	54	entitling the actor to lawful presence in the United States:
55	55	(1) the Deferred Action for Parents of Americans and
56	56	Lawful Permanent Residents; and
57	57	(2) any program not enacted by the United States
58	58	Congress that is a successor to or materially similar to the program
59	59	described by Subdivision (1) or Subsection (d)(3).
60	60	(f) A court may not abate the prosecution of an offense
61	61	under this section on the basis that a federal determination
62	62	regarding the immigration status of the actor is pending.
63	63	(g) A law enforcement officer of the Department of Public
64	64	Safety who arrests a person for an offense under this section shall,
65	65	to the extent feasible, detain the person in a facility established
66	66	under Operation Lone Star or a similar border security operation of
67	67	this state.
68	68	(h) A peace officer may not arrest a person for an offense
69	69	under this section unless the officer has probable cause to believe
70	70	that the person engaged in the conduct constituting the offense.
71	71	(i) On conviction of an offense under this section, the
72	72	judge shall enter in the judgment in the case an order requiring
73	73	that the person be returned to federal authorities at the nearest
74	74	port of entry for return to the person's country of origin or the
75	75	foreign nation from which the person entered or attempted to enter.
76	76	An order issued under this subsection:
77	77	(1) takes effect on completion of a term of
78	78	confinement or imprisonment imposed by the judgment; and
79	79	(2) must include the manner of transportation of the
80	80	person to the port of entry and the state agency responsible for
81	81	transporting the person and monitoring compliance with the order.
82	82	SECTION 2. Title 5, Civil Practice and Remedies Code, is
83	83	amended by adding Chapter 117 to read as follows:
84	84	CHAPTER 117. INDEMNIFICATION OF CERTAIN CLAIMS RELATING TO
85	85	ENFORCEMENT OF OFFENSE OF IMPROPER ENTRY FROM FOREIGN NATION
86	86	Sec. 117.001. DEFINITION. In this chapter, "damages"
87	87	includes any and all damages, fines, fees, penalties, court costs,
88	88	attorney's fees, or other assessments.
89	89	Sec. 117.002. LOCAL GOVERNMENT INDEMNIFICATION OF LOCAL
90	90	GOVERNMENT OFFICIALS, EMPLOYEES, AND CONTRACTORS. (a) Unless the
91	91	court or jury determines that the official, employee, or contractor
92	92	acted in bad faith, with conscious indifference, or with
93	93	recklessness, a local government shall indemnify an official,
94	94	employee, or contractor of the local government for damages arising
95	95	from a cause of action resulting from an action taken by the
96	96	official, employee, or contractor to enforce Section 38.20, Penal
97	97	Code, during the course and scope of the official's, employee's, or
98	98	contractor's office, employment, or contractual performance for or
99	99	service on behalf of the local government.
100	100	(b) Indemnification payments made under Subsection (a) by a
101	101	local government may not exceed:
102	102	(1) $100,000 to any one person or $300,000 for any
103	103	single occurrence in the case of personal injury or death; or
104	104	(2) $10,000 for a single occurrence of property
105	105	damage.
106	106	(c) A local government shall indemnify an official,
107	107	employee, or contractor of the local government for reasonable
108	108	attorney's fees incurred in defense of a criminal prosecution
109	109	against the official, employee, or contractor for an action taken
110	110	by the official, employee, or contractor to enforce Section 38.20,
111	111	Penal Code, during the course and scope of the official's,
112	112	employee's, or contractor's office, employment, or contractual
113	113	performance for or service on behalf of the local government.
114	114	(d) This section may not be construed to waive any statutory
115	115	limits on damages under state law.
116	116	Sec. 117.003. STATE INDEMNIFICATION OF STATE OFFICIALS,
117	117	EMPLOYEES, AND CONTRACTORS; ATTORNEY GENERAL REPRESENTATION. (a)
118	118	Unless the court or jury determines that the state official,
119	119	employee, or contractor acted in bad faith, with conscious
120	120	indifference, or with recklessness, the state shall indemnify an
121	121	elected or appointed state official or a state employee or
122	122	contractor for damages arising from a cause of action resulting
123	123	from an action taken by the official, employee, or contractor to
124	124	enforce Section 38.20, Penal Code, during the course and scope of
125	125	the official's, employee's, or contractor's office, employment, or
126	126	contractual performance for or service on behalf of the state.
127	127	(b) Notwithstanding any other law, indemnification under
128	128	Subsection (a) is not subject to any indemnification limits under
129	129	state law.
130	130	(c) The state shall indemnify a state official, employee, or
131	131	contractor for reasonable attorney's fees incurred in defense of a
132	132	criminal prosecution against the official, employee, or contractor
133	133	for an action taken by the official, employee, or contractor to
134	134	enforce Section 38.20, Penal Code, during the course and scope of
135	135	the official's, employee's, or contractor's office, employment, or
136	136	contractual performance for or service on behalf of the state.
137	137	(d) A state official, employee, or contractor who may be
138	138	entitled to indemnification under Subsection (a) is entitled to
139	139	representation by the attorney general, subject to Chapter 104, in
140	140	an action in connection with which the official, employee, or
141	141	contractor may be entitled to that indemnification.
142	142	(e) This section may not be construed to waive any statutory
143	143	limits on damages under state law.
144	144	Sec. 117.004. APPEAL TO SUPREME COURT. For a civil action
145	145	brought against a person who may be entitled under Section 117.002
146	146	or 117.003 to indemnification for damages awarded against the
147	147	person in the action, an appeal must be taken directly to the
148	148	supreme court.
149	149	Sec. 117.005. OTHER LAWS NOT AFFECTED. This chapter does
150	150	not affect a defense, immunity, or jurisdictional bar available to
151	151	the state or a local government or an official, employee, or
152	152	contractor of the state or a local government.
153	153	SECTION 3. Subchapter B, Chapter 42A, Code of Criminal
154	154	Procedure, is amended by adding Article 42A.059 to read as follows:
155	155	Art. 42A.059. PLACEMENT ON COMMUNITY SUPERVISION
156	156	PROHIBITED FOR IMPROPER ENTRY FROM FOREIGN NATION. Notwithstanding
157	157	any other provision of this chapter, a defendant is not eligible for
158	158	community supervision, including deferred adjudication community
159	159	supervision, under this chapter if the defendant is charged with or
160	160	convicted of an offense under Section 38.20, Penal Code.
161	161	SECTION 4. Section 508.145(a), Government Code, is amended
162	162	to read as follows:
163	163	(a) An inmate is not eligible for release on parole if the
164	164	inmate is under sentence of death, serving a sentence of life
165	165	imprisonment without parole, or serving a sentence for any of the
166	166	following offenses under the Penal Code:
167	167	(1) Section 20A.03, if the offense is based partly or
168	168	wholly on conduct constituting an offense under Section
169	169	20A.02(a)(5), (6), (7), or (8);
170	170	(2) Section 21.02; [or]
171	171	(3) Section 22.021, if the offense is punishable under
172	172	Subsection (f) of that section; or
173	173	(4) Section 38.20.
174	174	SECTION 5. Section 508.149, Government Code, is amended by
175	175	adding Subsection (a-1) to read as follows:
176	176	(a-1) An inmate serving a sentence for an offense under
177	177	Section 38.20, Penal Code, may not be released to mandatory
178	178	supervision.
179	179	SECTION 6. It is the intent of the legislature that every
180	180	provision, section, subsection, sentence, clause, phrase, or word
181	181	in this Act, and every application of the provisions in this Act to
182	182	every person, group of persons, or circumstances, is severable from
183	183	each other. If any application of any provision in this Act to any
184	184	person, group of persons, or circumstances is found by a court to be
185	185	invalid for any reason, the remaining applications of that
186	186	provision to all other persons and circumstances shall be severed
187	187	and may not be affected.
188	188	SECTION 7. This Act takes effect on the 91st day after the
189	189	last day of the legislative session.
190	190	* * * * *