Amend HB 4 (house committee report) as follows:
(1) On page 2, line 17, strike "A" and substitute "Except as provided by Section 51.05, a".
(2) On page 3, line 27, strike "A" and substitute "Except as provided by Section 51.05, a".
(3) On page 4, between lines 17 and 18, insert the following:
(c) It is an affirmative defense to prosecution under this section that, at the time of the commission of an offense described by Section 51.02 or 51.03, the person was accompanied by a minor child related to the person within the fourth degree of consanguinity or affinity.
Sec. 51.05. CERTAIN REMOVALS PROHIBITED. A peace officer detaining a person for an offense described by Section 51.02 or 51.03 may not order the person under Section 51.02(e) or 51.03(d) to return to the foreign nation from which the person entered or attempted to enter if, at the time of the commission of the offense, the person was accompanied by a minor child related to the person within the fourth degree of consanguinity or affinity.