88S40027 JRR-D
 
  By: Oliverson H.B. No. 54
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procedure following the apprehension of an
  undocumented individual by the Department of Public Safety for
  illegal entry into this state from Mexico during certain declared
  disasters; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 411, Government Code, is
  amended by adding Section 411.02085 to read as follows:
         Sec. 411.02085.  PROCEDURE FOLLOWING APPREHENSION OF
  UNDOCUMENTED INDIVIDUAL FOR ILLEGAL ENTRY FROM MEXICO DURING
  CERTAIN DECLARED DISASTERS; OFFENSE. (a) In this section:
               (1)  "Affected county" means a county in which the
  governor has declared a state of disaster under Chapter 418
  relating to the mass unauthorized entry of individuals into this
  state or otherwise relating to border security.
               (2)  "Undocumented individual" means an individual
  who:
                     (A)  is not a citizen or other national of the
  United States; and
                     (B)  is not lawfully authorized to be present in
  the United States under the Immigration and Nationality Act (8
  U.S.C. Section 1101 et seq.) or other federal law.
         (b)  A peace officer of the department who apprehends in an
  affected county an undocumented individual for crossing the border
  between this state and Mexico in violation of state or federal law
  shall:
               (1)  collect any identifying information the
  individual may have; 
               (2)  transport the individual to a port of entry; and 
               (3)  order the individual to return to Mexico.
         (c)  An undocumented individual commits an offense if the
  individual:
               (1)  crosses the border between this state and Mexico
  in violation of state or federal law; and
               (2)  subsequently refuses to comply with an order to
  return to Mexico delivered by a peace officer under Subsection
  (b)(3) in response to the violation described by Subdivision (1).
         (d)  An offense under Subsection (c) is a felony of the third
  degree. 
         SECTION 2.  This Act takes effect on the 91st day after the
  last day of the legislative session.