By Cuellar of Webb                                    H.B. No. 2006
       74R5912 MLR-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to offenses involving the practice of immigration law and
    1-3  providing services to a person seeking immigration or
    1-4  naturalization.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 38, Penal Code, is amended by adding
    1-7  Section 38.124 to read as follows:
    1-8        Sec. 38.124.  UNAUTHORIZED PRACTICE OF IMMIGRATION AND
    1-9  NATURALIZATION LAW.  (a)  A person other than an authorized
   1-10  immigration and naturalization representative commits an offense
   1-11  if, with intent to obtain an economic benefit, the person
   1-12  knowingly:
   1-13              (1)  appears before a state or federal agency in an
   1-14  immigration or naturalization matter on behalf of another person;
   1-15              (2)  gives legal advice concerning an immigration or
   1-16  naturalization matter; or
   1-17              (3)  selects and prepares immigration forms or papers
   1-18  for another.
   1-19        (b)  A person commits an offense if the person knowingly:
   1-20              (1)  misrepresents the services that the person is
   1-21  allowed to provide in immigration or naturalization matters; or
   1-22              (2)  without consent, retains a document, including a
   1-23  signed affidavit, that belongs to another who is seeking to
   1-24  immigrate or to obtain naturalized status, and the document:
    2-1                    (A)  demonstrates the person's physical presence
    2-2  in the United States or establishes a birth, death, marriage,
    2-3  divorce, or other related fact; and
    2-4                    (B)  was issued by a department or agency of the
    2-5  United States, a state or a political subdivision of a state, or a
    2-6  government of a foreign country.
    2-7        (c)  In this section:
    2-8              (1)  "Authorized immigration and naturalization
    2-9  representative" means:
   2-10                    (A)  an attorney licensed to practice in this
   2-11  state, another state, or a foreign country who is in good standing
   2-12  with the State Bar of Texas or the state bar or licensing authority
   2-13  in another state or foreign country; or
   2-14                    (B)  a person authorized by the United States
   2-15  government to provide representation under 8 C.F.R. Section 3.16 or
   2-16  292, as those sections existed on January 1, 1995.
   2-17              (2)  "Immigration or naturalization matter" means an
   2-18  action, filing, or proceeding related to a person's immigration or
   2-19  citizenship status in the United States.
   2-20        (d)  Except as provided by Subsection (e), an offense under
   2-21  this section is a Class A misdemeanor.
   2-22        (e)  An offense under this section is a felony of the third
   2-23  degree if it is shown on the trial of the offense that the
   2-24  defendant has previously been convicted under this section.
   2-25        SECTION 2.  This Act takes effect September 1, 1995.
   2-26        SECTION 3.  The importance of this legislation and the
   2-27  crowded condition of the calendars in both houses create an
    3-1  emergency and an imperative public necessity that the
    3-2  constitutional rule requiring bills to be read on three several
    3-3  days in each house be suspended, and this rule is hereby suspended.