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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 criminal offense of improper entry |
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from a foreign nation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Penal Code, is amended by adding |
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Section 38.20 to read as follows: |
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Sec. 38.20. IMPROPER ENTRY FROM FOREIGN NATION. (a) In |
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this section, "alien" has the meaning assigned by 8 U.S.C. Section |
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1101, as that provision existed on January 1, 2023. |
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(b) A person who is an alien commits an offense if the |
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person: |
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(1) enters or attempts to enter this state from a |
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foreign nation at any location other than a lawful point of entry; |
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(2) eludes examination or inspection by United States |
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immigration officers; or |
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(3) attempts to enter or obtains entry to this state |
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from a foreign nation by an intentionally false or misleading |
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representation or the intentional concealment of a material fact. |
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(c) An offense under this section is a Class A misdemeanor, |
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except that if it is shown on the trial of the offense that the |
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person has previously been finally convicted of: |
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(1) an offense under this section, the offense is a |
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state jail felony; |
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(2) a state jail felony described by Subdivision (1) |
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or any other felony not listed in Article 42A.054(a), Code of |
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Criminal Procedure, the offense is a felony of the second degree; or |
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(3) a felony listed in Article 42A.054(a), Code of |
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Criminal Procedure, the offense is a felony of the first degree. |
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(d) It is an affirmative defense to prosecution under this |
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section that: |
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(1) the actor has been granted a federal immigration |
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benefit entitling the actor to: |
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(A) lawful presence in the United States; or |
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(B) asylum under 8 U.S.C. Section 1158; |
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(2) the actor's conduct does not constitute a |
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violation of 8 U.S.C. Section 1325(a); or |
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(3) the actor was approved for benefits under the |
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federal Deferred Action for Childhood Arrivals program between June |
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15, 2012, and July 16, 2021. |
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(e) For purposes of Subsection (d)(1), the following |
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federal programs do not confer federal immigration benefits |
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entitling the actor to lawful presence in the United States: |
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(1) the Deferred Action for Parents of Americans and |
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Lawful Permanent Residents; and |
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(2) any program not enacted by the United States |
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Congress that is a successor to or materially similar to the program |
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described by Subdivision (1) or Subsection (d)(3). |
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(f) A court may not abate the prosecution of an offense |
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under this section on the basis that a federal determination |
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regarding the immigration status of the actor is pending. |
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(g) A law enforcement officer of the Department of Public |
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Safety who arrests a person for an offense under this section shall, |
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to the extent feasible, detain the person in a facility established |
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under Operation Lone Star or a similar border security operation of |
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this state. |
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SECTION 2. It is the intent of the legislature that every |
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provision, section, subsection, sentence, clause, phrase, or word |
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in this Act, and every application of the provisions in this Act to |
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every person, group of persons, or circumstances, is severable from |
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each other. If any application of any provision in this Act to any |
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person, group of persons, or circumstances is found by a court to be |
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invalid for any reason, the remaining applications of that |
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provision to all other persons and circumstances shall be severed |
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and may not be affected. |
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SECTION 3. This Act takes effect August 1, 2023, if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for effect on that |
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date, this Act takes effect on the 91st day after the last day of the |
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legislative session. |