BILL ANALYSIS H.B. 1983 By: Hickland Homeland Security, Public Safety & Veterans' Affairs Committee Report (Unamended) BACKGROUND AND PURPOSE In November 2024, a two-year-old who traveled without her parents across the border was found with a group of 211 undocumented immigrants, including 60 other unaccompanied minors, in Maverick County by the Department of Public Safety (DPS), as reported by CBS 42 and KFOX14. Furthermore, in December 2024, two girls, ages five and nine, were abandoned with only a note with an address and phone number in Eagle Pass by a smuggler who fled back to Mexico, according to a DPS spokesperson. H.B. 1983 aims to hold accountable parents, guardians, and legal custodians who endanger their children and engage with smugglers to transport them across an international border by creating a criminal offense for such conduct, ranging from a state jail felony to a first degree felony, based on whether the child suffers serious bodily injury or death. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 1983 amends the Penal Code to create the state jail felony offense of child endangerment involving smuggling across an international border for a person who is a parent, guardian, conservator, or legal custodian of a child and knowingly pays, contracts with, or otherwise engages an individual or organization for the purpose of transporting the child across an international border in violation of any federal or state law and the child, as a result of that transportation arrangement, meets any of the following criteria: is found by state or federal law enforcement, including the U.S. Border Patrol, to be not in the physical custody of any parent, guardian, conservator, or custodian of the child; is subjected to conditions that place the child's physical or mental health at substantial risk of harm; or is abandoned, exploited, or otherwise endangered. The bill defines "abandon" as leaving in any place without providing reasonable and necessary care a child under circumstances that no reasonable, similarly situated person would leave a child of that age and ability and defines "child" as a person younger than 18 years of age. H.B. 1983 enhances the penalty for the offense as follows: to a second degree felony if it is shown on the trial that the child suffered serious bodily injury; or to a first degree felony if it is shown on the trial that the child died as a result of the conduct. H.B. 1983 establishes that it is not a defense to prosecution for the offense that the actor believed the conduct was necessary for the child's safety or well-being or the individual or organization with whom the actor engaged acted independently in abandoning, exploiting, or otherwise endangering the child. If conduct constituting the offense also constitutes another Penal Code offense, the actor may be prosecuted for either or both offenses. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1983
By: Hickland
Homeland Security, Public Safety & Veterans' Affairs
Committee Report (Unamended)
H.B. 1983
By: Hickland
Homeland Security, Public Safety & Veterans' Affairs
Committee Report (Unamended)
BACKGROUND AND PURPOSE In November 2024, a two-year-old who traveled without her parents across the border was found with a group of 211 undocumented immigrants, including 60 other unaccompanied minors, in Maverick County by the Department of Public Safety (DPS), as reported by CBS 42 and KFOX14. Furthermore, in December 2024, two girls, ages five and nine, were abandoned with only a note with an address and phone number in Eagle Pass by a smuggler who fled back to Mexico, according to a DPS spokesperson. H.B. 1983 aims to hold accountable parents, guardians, and legal custodians who endanger their children and engage with smugglers to transport them across an international border by creating a criminal offense for such conduct, ranging from a state jail felony to a first degree felony, based on whether the child suffers serious bodily injury or death.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 1983 amends the Penal Code to create the state jail felony offense of child endangerment involving smuggling across an international border for a person who is a parent, guardian, conservator, or legal custodian of a child and knowingly pays, contracts with, or otherwise engages an individual or organization for the purpose of transporting the child across an international border in violation of any federal or state law and the child, as a result of that transportation arrangement, meets any of the following criteria: is found by state or federal law enforcement, including the U.S. Border Patrol, to be not in the physical custody of any parent, guardian, conservator, or custodian of the child; is subjected to conditions that place the child's physical or mental health at substantial risk of harm; or is abandoned, exploited, or otherwise endangered. The bill defines "abandon" as leaving in any place without providing reasonable and necessary care a child under circumstances that no reasonable, similarly situated person would leave a child of that age and ability and defines "child" as a person younger than 18 years of age. H.B. 1983 enhances the penalty for the offense as follows: to a second degree felony if it is shown on the trial that the child suffered serious bodily injury; or to a first degree felony if it is shown on the trial that the child died as a result of the conduct. H.B. 1983 establishes that it is not a defense to prosecution for the offense that the actor believed the conduct was necessary for the child's safety or well-being or the individual or organization with whom the actor engaged acted independently in abandoning, exploiting, or otherwise endangering the child. If conduct constituting the offense also constitutes another Penal Code offense, the actor may be prosecuted for either or both offenses.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
In November 2024, a two-year-old who traveled without her parents across the border was found with a group of 211 undocumented immigrants, including 60 other unaccompanied minors, in Maverick County by the Department of Public Safety (DPS), as reported by CBS 42 and KFOX14. Furthermore, in December 2024, two girls, ages five and nine, were abandoned with only a note with an address and phone number in Eagle Pass by a smuggler who fled back to Mexico, according to a DPS spokesperson. H.B. 1983 aims to hold accountable parents, guardians, and legal custodians who endanger their children and engage with smugglers to transport them across an international border by creating a criminal offense for such conduct, ranging from a state jail felony to a first degree felony, based on whether the child suffers serious bodily injury or death.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1983 amends the Penal Code to create the state jail felony offense of child endangerment involving smuggling across an international border for a person who is a parent, guardian, conservator, or legal custodian of a child and knowingly pays, contracts with, or otherwise engages an individual or organization for the purpose of transporting the child across an international border in violation of any federal or state law and the child, as a result of that transportation arrangement, meets any of the following criteria:
is found by state or federal law enforcement, including the U.S. Border Patrol, to be not in the physical custody of any parent, guardian, conservator, or custodian of the child;
is subjected to conditions that place the child's physical or mental health at substantial risk of harm; or
is abandoned, exploited, or otherwise endangered.
The bill defines "abandon" as leaving in any place without providing reasonable and necessary care a child under circumstances that no reasonable, similarly situated person would leave a child of that age and ability and defines "child" as a person younger than 18 years of age.
H.B. 1983 enhances the penalty for the offense as follows:
to a second degree felony if it is shown on the trial that the child suffered serious bodily injury; or
to a first degree felony if it is shown on the trial that the child died as a result of the conduct.
H.B. 1983 establishes that it is not a defense to prosecution for the offense that the actor believed the conduct was necessary for the child's safety or well-being or the individual or organization with whom the actor engaged acted independently in abandoning, exploiting, or otherwise endangering the child. If conduct constituting the offense also constitutes another Penal Code offense, the actor may be prosecuted for either or both offenses.
EFFECTIVE DATE
September 1, 2025.