83R12499 GCB-D
 
  By: Lozano, Zedler, Sheffield of Bell, Dale, H.B. No. 793
      Munoz, Jr., et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution and punishment of the smuggling of
  persons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 20.01, Penal Code, is amended by adding
  Subdivisions (6), (7), and (8) to read as follows:
               (6)  "Agricultural land" has the meaning assigned by
  Section 75.001, Civil Practice and Remedies Code.
               (7)  "Firearm" has the meaning assigned by Section
  46.01.
               (8)  "Special investigator" includes an agent of the
  United States Department of Homeland Security.
         SECTION 2.  Sections 20.05(a) and (c), Penal Code, are
  amended to read as follows:
         (a)  A person commits an offense if the person intentionally:
               (1)  uses a motor vehicle, aircraft, or watercraft to
  transport an individual with the intent to:
                     (A) [(1)]  conceal the individual from a peace
  officer or special investigator; or
                     (B) [(2)]  flee from a person the actor knows is a
  peace officer or special investigator attempting to lawfully arrest
  or detain the actor; or
               (2)  assists, guides, or directs three or more
  individuals to enter or remain on agricultural land without the
  effective consent of the owner.
         (c)  An offense under this section is a felony of the third
  degree if:
               (1)  the actor commits the offense:
                     (A) [(1)]  for pecuniary benefit; or
                     (B) [(2)]  in a manner that creates a substantial
  likelihood that the transported individual will suffer serious
  bodily injury or death; or
               (2)  during the commission of the offense the actor,
  another party to the offense, or an individual assisted, guided, or
  directed by the actor knowingly possessed a firearm.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date 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 the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2013.