Amend SB 4 (house committee printing) as follows:
(1) Strike page 4, line 24, through page 5, line 1, and substitute the following:
Sec. 51.01. DEFINITIONS. (a) In this chapter:
(1) "Alien" has the meaning assigned by 8 U.S.C. Section 1101, as that provision existed on January 1, 2023, except that the term does not include a person:
(A) to whom the federal government has granted:
(i) lawful presence in the United States; or
(ii) asylum under 8 U.S.C. Section 1158; or
(B) who was approved for benefits under the federal Deferred Action for Childhood Arrivals program between June 15, 2012, and July 16, 2021.
(2) "Port of entry" means a port of entry in the United States as designated by 19 C.F.R. Part 101.
(b) The following federal programs do not constitute lawful presence for purposes of Subsection (a)(1)(A):
(1) the Deferred Action for Parents of Americans and Lawful Permanent Residents program; and
(2) any program not enacted by the United States Congress that is a successor to or materially similar to the program described by Subsection (a)(1)(B) or Subdivision (1).
(2) On page 5, strike lines 10-26, and substitute the following:
(c) It is an affirmative defense to prosecution under this section that the defendant's conduct does not constitute a violation of 8 U.S.C. Section 1325(a).