Bill Text: TX SB394 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the creation of the offense of unlawful transport of an undocumented person.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-02 - Referred to Transportation & Homeland Sec. [SB394 Detail]
Download: Texas-2011-SB394-Introduced.html
| 82R3600 GCB-D | ||
| By: Patrick | S.B. No. 394 | |
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| relating to the creation of the offense of unlawful transport of an | ||
| undocumented person. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 20A, Penal Code, is amended by adding | ||
| Section 20A.03 to read as follows: | ||
| Sec. 20A.03. UNLAWFUL TRANSPORT OF UNDOCUMENTED PERSON. | ||
| (a) In this section, "undocumented person" means a person who: | ||
| (1) is not a citizen or national of the United States; | ||
| and | ||
| (2) is unlawfully present in the United States | ||
| according to the terms of 8 U.S.C. Section 1101 et seq. | ||
| (b) A person commits an offense if the person: | ||
| (1) transports an undocumented person in a manner that | ||
| is designed to conceal the undocumented person from local, state, | ||
| or federal law enforcement authorities; or | ||
| (2) is an undocumented person and intentionally | ||
| participates in being transported in the manner described by | ||
| Subdivision (1). | ||
| (c) Except as otherwise provided by Subsection (d), an | ||
| offense under this section is a state jail felony. | ||
| (d) An offense under Subsection (b)(1) is a felony of the | ||
| third degree if the offense is committed: | ||
| (1) for pecuniary benefit; or | ||
| (2) in a manner that creates a substantial likelihood | ||
| that the undocumented person will suffer bodily injury. | ||
| (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. | ||
| SECTION 2. This Act takes effect September 1, 2011. | ||
