BILL ANALYSIS

S.B. 1248

By: Flores

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Texas has an abundance of parkland, natural areas, and cultural sites. State prosecutors and law enforcement do not have the necessary tools to stop human smuggling in those areas. Consequently, criminals gravitate to those areas to avoid prosecution. Another consequence of this illegal activity is that legal users of those areas face reduced safety and security, and cultural sites face potential spoilation. S.B. 1248 seeks to provide the authority for state-level enforcement of action against this activity by expanding the conduct constituting the offense of smuggling of persons to include a person knowingly assisting, guiding, or directing two or more individuals to enter or remain on a cultural resource site or area, natural area, open space area, or park without the owner's effective consent.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change 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

S.B. 1248 amends the Penal Code to expand the conduct constituting the offense of smuggling of persons to include a person knowingly assisting, guiding, or directing two or more individuals to enter or remain on a cultural resource site or area, natural area, open space area, or park without the owner's effective consent. The bill assigns "cultural resource site or area," "open space area," and "park" the definitions provided under Parks and Wildlife Code provisions governing state assistance for local parks. The bill applies only to an offense committed on or after the bill's effective date and provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

EFFECTIVE DATE

September 1, 2023.