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.