82R528 GCB-D
 
  By: Hinojosa S.B. No. 146
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the offense of unlawful transport of an
  undocumented person.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 20A, Penal Code, is amended by adding
  Section 20A.03 to read as follows:
         Sec. 20A.03.  UNLAWFUL TRANSPORT OF UNDOCUMENTED PERSON.
  (a) In this section, "undocumented person" means a person who:
               (1)  is not a citizen or national of the United States;
  and
               (2)  is unlawfully present in the United States
  according to the terms of 8 U.S.C. Section 1101 et seq.
         (b)  A person commits an offense if the person transports an
  undocumented person in a manner that is designed to conceal the
  undocumented person from local, state, or federal law enforcement
  authorities.
         (c)  Except as otherwise provided by Subsection (d), an
  offense under this section is a state jail felony.
         (d)  An offense under this section is a felony of the third
  degree if the offense is committed:
               (1)  for pecuniary benefit; or
               (2)  in a manner that creates a substantial likelihood
  that the undocumented person will suffer bodily injury.
         (e)  It is an affirmative defense to prosecution under this
  section that the actor is related to the undocumented person within
  the third degree of consanguinity or at the time of the offense
  within the third degree of affinity.
         (f)  If conduct constituting an offense under this section
  also constitutes an offense under another section of this code, the
  actor may be prosecuted under either section.
         SECTION 2.  This Act takes effect September 1, 2011.