By: Flores, Bettencourt
	Creighton

Statutes affected:
Introduced: Penal Code 12.50, Penal Code 20.05, Penal Code 20.06, Penal Code 20.07, Civil Practice and Remedies Code 125.061, Civil Practice and Remedies Code 125.062, Civil Practice and Remedies Code 125.063, Civil Practice and Remedies Code 125.064, Civil Practice and Remedies Code 125.065, Civil Practice and Remedies Code 125.069, Civil Practice and Remedies Code 125.070, Penal Code 71.01, Penal Code 71.02, Penal Code 71.022, Penal Code 71.023, Property Code 5.005 (Penal Code 20, Civil Practice and Remedies Code 125, Property Code 5, Penal Code 12, Penal Code 71)
Senate Committee Report: Penal Code 12.50, Penal Code 20.05, Penal Code 20.06, Penal Code 20.07, Civil Practice and Remedies Code 125.061, Civil Practice and Remedies Code 125.062, Civil Practice and Remedies Code 125.063, Civil Practice and Remedies Code 125.064, Civil Practice and Remedies Code 125.065, Civil Practice and Remedies Code 125.069, Civil Practice and Remedies Code 125.070, Penal Code 71.01, Penal Code 71.02, Penal Code 71.022, Penal Code 71.023 (Penal Code 20, Civil Practice and Remedies Code 125, Property Code 5, Penal Code 12, Penal Code 71)
Engrossed: Penal Code 12.50, Penal Code 20.05, Penal Code 20.06, Penal Code 20.07, Civil Practice and Remedies Code 125.061, Civil Practice and Remedies Code 125.062, Civil Practice and Remedies Code 125.063, Civil Practice and Remedies Code 125.064, Civil Practice and Remedies Code 125.065, Civil Practice and Remedies Code 125.069, Civil Practice and Remedies Code 125.070, Penal Code 71.01, Penal Code 71.02, Penal Code 71.022, Penal Code 71.023 (Penal Code 20, Civil Practice and Remedies Code 125, Property Code 5, Penal Code 12, Penal Code 71)

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain criminal conduct and organizations that
	threaten the security of this state and its residents and borders;
	increasing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. CRIMINAL CONDUCT INVOLVING SMUGGLING OF PERSONS OR
	OPERATION OF A STASH HOUSE
	SECTION 1.01.  Section 12.50, Penal Code, is amended by
	amending Subsections (a), (b), and (c) and adding Subsection (d) to
	read as follows:
	(a)  Subject to Subsections [Subsection] (c) and (d), the
	punishment for an offense described by Subsection (b) is increased
	to the punishment prescribed for the next higher category of
	offense if it is shown on the trial of the offense that the offense
	was committed in an area that was, at the time of the offense:
	(1)  subject to a declaration of a state of disaster
	made by:
	(A)  the president of the United States under the
	Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
	U.S.C. Section 5121 et seq.);
	(B)  the governor under Section 418.014,
	Government Code; or
	(C)  the presiding officer of the governing body
	of a political subdivision under Section 418.108, Government Code;
	or
	(2)  subject to an emergency evacuation order.
	(b)  The increase in punishment authorized by this section
	applies only to an offense under:
	(1)  Section 20.05;
	(2)  Section 20.06;
	(3)  Section 20.07;
	(4)  Section 22.01;
	(5) [(2)]  Section 28.02;
	(6) [(3)]  Section 29.02;
	(7) [(4)]  Section 30.02;
	(8) [(5)]  Section 30.03;
	(9) [(6)]  Section 30.04;
	(10) [(7)]  Section 30.05; and
	(11) [(8)]  Section 31.03.
	(c)  If an offense listed under Subsection (b) [(b)(1), (5),
	(6), (7), or (8)] is punishable as a Class A misdemeanor, the
	minimum term of confinement for the offense is increased to 180
	days.  Except as provided by Subsection (d), if [If] an offense
	listed under Subsection (b) [(b)(2), (4), or (8)] is punishable as a
	felony of the first degree, the punishment for that offense may not
	be increased under this section.
	(d)  Except as otherwise provided by this subsection, the
	minimum term of imprisonment for an offense listed under Subsection
	(b)(1) or (2) for which punishment is increased under this section
	is 10 years. If an offense listed under Subsection (b)(1) or (2) is
	punishable as a felony of the first degree, the minimum term of
	imprisonment is increased to 15 years unless another provision of
	law applicable to the offense provides for a minimum term of
	imprisonment of 15 years or more.
	SECTION 1.02.  Section 20.05(b), Penal Code, is amended to
	read as follows:
	(b)  An offense under this section is a felony of the third
	degree with a term of imprisonment of 10 years, except that the
	offense is:
	(1)  a felony of the second degree with a minimum term
	of imprisonment of 10 years if:
	(A)  the actor commits the offense in a manner
	that creates a substantial likelihood that the smuggled individual
	will suffer serious bodily injury or death;
	(B)  the smuggled individual is a child younger
	than 18 years of age at the time of the offense;
	(C)  the offense was committed with the intent to
	obtain a pecuniary benefit;
	(D)  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; or