By: Williams S.B. No. 2195

(In the Senate - Filed March 13, 2009; March 31, 2009, read first time and referred to Committee on International Relations and Trade; April 16, 2009, reported favorably by the following vote: Yeas 6, Nays 0; April 16, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the creation of and penalties for certain offenses that take place at or involve an attempt to cross an international border.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended by adding Section 12.50 to read as follows:

Sec. 12.50. PENALTIES FOR CERTAIN OFFENSES COMMITTED ON INTERNATIONAL BRIDGE. An offense under Section 31.07, 46.02, or 46.05 is a felony of the second degree if the person who committed the offense was, at the time the offense was committed, traveling on an international bridge toward Mexico.

SECTION 2. Section 38.05, Penal Code, is amended by amending Subsection (c) and adding Subsection (e) to read as follows:

(c) Except as provided by Subsections [Subsection] (d) and (e), an offense under this section is a Class A misdemeanor.

(e) An offense under this section is a felony of the second degree if the person who harbored or concealed another, provided another with a means of avoiding arrest or effecting an escape, or warned another of discovery or apprehension had the intent to transport the other person across an international boundary.

SECTION 3. Chapter 46, Penal Code, is amended by adding Section 46.14 to read as follows:

Sec. 46.14. UNLAWFUL TRANSPORTATION OF CURRENCY. (a) A person commits an offense if the person, with the intent to evade a currency reporting requirement under 31 U.S.C. Section 5316 while traveling on an international bridge toward Mexico, knowingly conceals more than $10,000 in currency or other monetary instruments on the person or in any conveyance, article of luggage, merchandise, or other container.

(b) An offense under this section is a felony of the second degree.

SECTION 4. The change in law made by this Act applies only to an offense committed on or after September 1, 2009. An offense committed before September 1, 2009, is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before September 1, 2009, if any element of the offense occurred before that date.

SECTION 5. This Act takes effect September 1, 2009.

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