89R8818 JSC-D
By: Hickland H.B. No. 1983
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offense of child endangerment
involving smuggling across an international border.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 22, Penal Code, is amended by adding
Section 22.042 to read as follows:
Sec. 22.042. CHILD ENDANGERMENT INVOLVING SMUGGLING ACROSS
INTERNATIONAL BORDER. (a) In this section:
(1) "Abandon" means to leave in any place without
providing reasonable and necessary care a child under circumstances
under which no reasonable, similarly situated person would leave a
child of that age and ability.
(2) "Child" means a person younger than 18 years of
age.
(b) A person commits an offense if:
(1) the person is a parent of a child or is a guardian,
conservator, or other legal custodian of a child;
(2) the person 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
(3) the child, as a result of the transportation
arrangement, is:
(A) found by state or federal law enforcement,
including the United States Border Patrol, to be not in the physical
custody of any parent or of any guardian, conservator, or other
custodian of the child;
(B) subjected to conditions that place the
child's physical or mental health at substantial risk of harm; or
(C) abandoned, exploited, or otherwise
endangered.
(c) An offense under this section is a state jail felony
unless it is shown on the trial of the offense that:
(1) the child suffered serious bodily injury, in which
event the offense is a felony of the second degree; or
(2) the child died as a result of the conduct described
by Subsection (b), in which event the offense is a felony of the
first degree.
(d) It is not a defense to prosecution under this section
that:
(1) the actor believed the conduct was necessary for
the child's safety or well-being; or
(2) the individual or organization described by
Subsection (b)(2) acted independently of the actor in abandoning,
exploiting, or otherwise endangering the child.
(e) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
SECTION 2. This Act takes effect September 1, 2025.