| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | A BILL TO BE ENTITLED |
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| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to creating the criminal offense of child endangerment |
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| 8 | 10 | | involving smuggling across an international border. |
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| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 12 | | SECTION 1. Chapter 22, Penal Code, is amended by adding |
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| 11 | 13 | | Section 22.042 to read as follows: |
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| 12 | 14 | | Sec. 22.042. CHILD ENDANGERMENT INVOLVING SMUGGLING ACROSS |
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| 13 | 15 | | INTERNATIONAL BORDER. (a) In this section: |
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| 14 | 16 | | (1) "Abandon" means to leave in any place without |
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| 15 | 17 | | providing reasonable and necessary care a child under circumstances |
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| 16 | 18 | | under which no reasonable, similarly situated person would leave a |
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| 17 | 19 | | child of that age and ability. |
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| 18 | 20 | | (2) "Child" means a person younger than 18 years of |
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| 19 | 21 | | age. |
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| 20 | 22 | | (b) A person commits an offense if: |
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| 21 | 23 | | (1) the person is a parent of a child or is a guardian, |
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| 22 | 24 | | conservator, or other legal custodian of a child; |
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| 23 | 25 | | (2) the person knowingly pays, contracts with, or |
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| 24 | 26 | | otherwise engages an individual or organization for the purpose of |
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| 25 | 27 | | transporting the child across an international border in violation |
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| 26 | 28 | | of any federal or state law; and |
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| 27 | 29 | | (3) the child, as a result of the transportation |
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| 28 | 30 | | arrangement, is: |
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| 29 | 31 | | (A) found by state or federal law enforcement, |
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| 30 | 32 | | including the United States Border Patrol, to be not in the physical |
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| 31 | 33 | | custody of any parent or of any guardian, conservator, or other |
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| 32 | 34 | | custodian of the child; |
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| 33 | 35 | | (B) subjected to conditions that place the |
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| 34 | 36 | | child's physical or mental health at substantial risk of harm; or |
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| 35 | 37 | | (C) abandoned, exploited, or otherwise |
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| 36 | 38 | | endangered. |
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| 37 | 39 | | (c) An offense under this section is a state jail felony |
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| 38 | 40 | | unless it is shown on the trial of the offense that: |
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| 39 | 41 | | (1) the child suffered serious bodily injury, in which |
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| 40 | 42 | | event the offense is a felony of the second degree; or |
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| 41 | 43 | | (2) the child died as a result of the conduct described |
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| 42 | 44 | | by Subsection (b), in which event the offense is a felony of the |
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| 43 | 45 | | first degree. |
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| 44 | 46 | | (d) It is not a defense to prosecution under this section |
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| 45 | 47 | | that: |
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| 46 | 48 | | (1) the actor believed the conduct was necessary for |
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| 47 | 49 | | the child's safety or well-being; or |
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| 48 | 50 | | (2) the individual or organization described by |
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| 49 | 51 | | Subsection (b)(2) acted independently of the actor in abandoning, |
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| 50 | 52 | | exploiting, or otherwise endangering the child. |
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| 51 | 53 | | (e) If conduct constituting an offense under this section |
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| 52 | 54 | | also constitutes an offense under another section of this code, the |
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| 53 | 55 | | actor may be prosecuted under either section or under both |
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| 54 | 56 | | sections. |
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| 55 | 57 | | SECTION 2. This Act takes effect September 1, 2025. |
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