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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of unlawful transport or |
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concealment of an illegal alien. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 20A, Penal Code, is amended by adding |
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Section 20A.03 to read as follows: |
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Sec. 20A.03. UNLAWFUL TRANSPORT OR CONCEALMENT OF ILLEGAL |
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ALIEN. (a) In this section, "illegal alien" means a person who: |
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(1) is not a citizen or national of the United States; |
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and |
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(2) is unlawfully present in the United States |
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according to the terms of 8 U.S.C. Section 1101 et seq. |
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(b) A person commits an offense if the person, with |
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recklessness as to another person's status as an illegal alien: |
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(1) transports the illegal alien in furtherance of the |
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alien's unlawful presence in the United States; or |
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(2) conceals the illegal alien from detection by |
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local, state, or federal law enforcement authorities. |
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(c) An offense under this section is a state jail felony. |
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(d) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section. |
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(e) It is an exception to the application of Subsection |
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(b)(1) that the offense occurred in the provision of: |
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(1) a state or local public benefit described in 8 |
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U.S.C. Section 1621(b); or |
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(2) regulated public health services by a private |
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charity using private funds. |
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SECTION 2. This Act takes effect September 1, 2009. |