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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 of an |
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undocumented person. |
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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 OF UNDOCUMENTED PERSON. |
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(a) In this section, "undocumented person" 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 transports an |
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undocumented person in a manner that is designed to conceal the |
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undocumented person from local, state, or federal law enforcement |
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authorities. |
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(c) Except as otherwise provided by Subsection (d), an |
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offense under this section is a state jail felony. |
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(d) An offense under this section is a felony of the third |
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degree if the offense is committed: |
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(1) for pecuniary benefit; or |
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(2) in a manner that creates a substantial likelihood |
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that the undocumented person will suffer bodily injury. |
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(e) It is an affirmative defense to prosecution under this |
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section that the actor is related to the undocumented person within |
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the third degree of consanguinity or at the time of the offense |
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within the third degree of affinity. |
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(f) 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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SECTION 2. This Act takes effect September 1, 2011. |