The bill would create the Class A misdemeanor offense of improper entry from a foreign nation. The penalty would be increased to a state jail felony in the case of a previous conviction of the offense and be increased to a second or first degree felony in the case of certain previous felony convictions. The bill would expand the applicability of certain offenses relating to engaging in organized criminal activity to include a foreign terrorist organization and expand the conduct constituting the offense to include the unlawful possession with the intent to deliver a controlled substance or dangerous drug and operation of a stash house.

Creating a new criminal offense and increasing the penalty for an existing offense may result in additional demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.

In fiscal year 2022, there were 6,616 individuals arrested, 202 individuals placed on community supervision, and 142 individuals admitted into a state correctional institution for offenses of smuggling of persons and continuous smuggling of persons. The average length of stay for an individual released from prison in fiscal year 2022 for the offenses of smuggling of persons and continuous smuggling of persons was approximately 1.0 year. The impact on state correctional populations and the demand for state correctional resources related to the increased penalties for the smuggling of persons could be significant due to the increased terms of confinement and the subsequent compounding increase in demand for prison bed capacity.

According to the information reported by the Department of Public Safety (DPS) pursuant to Article IX, Section 7.10 of the GAA and Section 9 of House Bill 9, Eighty-seventh Legislature, Second Called Session, DPS reported 63,707 detentions and referrals to federal authorities in border regions during fiscal year 2022. The number of these cases which include improper entry from a foreign nation as outlined in the bill's provisions is unknown.

In fiscal year 2022, there were 9,875 individuals arrested, 1,926 individuals placed on adult community supervision, 119 individuals placed on juvenile probation supervision, 2,825 individuals admitted to an adult state correctional institution, and 1 individual admitted to a juvenile state correctional institution for manufacturing, delivering, or possessing with intent to deliver a controlled substance in violation of the Texas Controlled Substances Act or a dangerous drug in violation of the Texas Dangerous Drug Act. In fiscal year 2022, there were 116 individuals arrested and 1 individual placed on adult community supervision for the offense of operation of a stash house. It is unknown how many of these offenses involved either possession with intent to deliver a controlled substance or dangerous drug or engagement with organized criminal activity or a foreign terrorist organization.

The impact on state correctional populations or on the demand for state correctional resources related to improper entry from a foreign nation or engaging in organized criminal activity cannot be determined due to the lack of data to estimate the prevalence of such conduct outlined in the bill's provisions that would be subject to criminal penalties.