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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure following the apprehension of an |
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undocumented individual by the Department of Public Safety for |
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illegal entry into this state from Mexico during certain declared |
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disasters; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.02085 to read as follows: |
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Sec. 411.02085. PROCEDURE FOLLOWING APPREHENSION OF |
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UNDOCUMENTED INDIVIDUAL FOR ILLEGAL ENTRY FROM MEXICO DURING |
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CERTAIN DECLARED DISASTERS; OFFENSE. (a) In this section: |
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(1) "Affected county" means a county in which the |
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governor has declared a state of disaster under Chapter 418 |
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relating to the mass unauthorized entry of individuals into this |
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state or otherwise relating to border security. |
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(2) "Undocumented individual" means an individual |
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who: |
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(A) is not a citizen or other national of the |
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United States; and |
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(B) is not lawfully authorized to be present in |
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the United States under the Immigration and Nationality Act (8 |
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U.S.C. Section 1101 et seq.) or other federal law. |
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(b) A peace officer of the department who apprehends in an |
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affected county an undocumented individual for crossing the border |
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between this state and Mexico in violation of state or federal law |
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shall: |
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(1) collect any identifying information the |
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individual may have; |
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(2) transport the individual to a port of entry; and |
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(3) order the individual to return to Mexico. |
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(c) An undocumented individual commits an offense if the |
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individual: |
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(1) crosses the border between this state and Mexico |
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in violation of state or federal law; and |
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(2) subsequently refuses to comply with an order to |
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return to Mexico delivered by a peace officer under Subsection |
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(b)(3) in response to the violation described by Subdivision (1). |
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(d) An offense under Subsection (c) is a felony of the third |
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degree. |
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SECTION 2. This Act takes effect on the 91st day after the |
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last day of the legislative session. |