By: Spiller, et al. (Senate Sponsor - Birdwell) H.B. No. 4
       (In the Senate - Received from the House October 26, 2023;
October 26, 2023, read first time and referred to Committee on
Border Security; November 2, 2023, reported adversely, with
favorable Committee Substitute by the following vote:  Yeas 3,
Nays 2; November 2, 2023, sent to printer.)
Click here to see the committee vote
 
COMMITTEE VOTE              YeaNayAbsent PNVBirdwell       X              Flores         X              Blanco            X           Hinojosa          X           King           X              COMMITTEE SUBSTITUTE FOR H.B. No. 4 By:  Birdwell

Statutes affected:
Introduced: ()
House Committee Report: ()
Engrossed: ()
Senate Committee Report: Government Code 38.20, Government Code 508.149 (Government Code 508, Government Code 38)

 
A BILL TO BE ENTITLED
AN ACT
 
relating to the creation of the criminal offense of improper entry
from a foreign nation and indemnification of certain claims
relating to the enforcement of that offense.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 38, Penal Code, is amended by adding
Section 38.20 to read as follows:
       Sec. 38.20.  IMPROPER ENTRY FROM FOREIGN NATION. (a) In
this section, "alien" has the meaning assigned by 8 U.S.C. Section
1101, as that provision existed on January 1, 2023.
       (b)  A person who is an alien commits an offense if the
person:
             (1)  enters or attempts to enter this state from a
foreign nation at any location other than a lawful point of entry;
             (2)  eludes examination or inspection by United States
immigration officers; or
             (3)  attempts to enter or obtains entry to this state
from a foreign nation by an intentionally false or misleading
representation or the intentional concealment of a material fact.
       (c)  An offense under this section is a Class B misdemeanor,
except that if it is shown on the trial of the offense that the
person has previously been finally convicted of:
             (1)  an offense under this section, the offense is a
state jail felony;
             (2)  a state jail felony described by Subdivision (1)
or any other felony not listed in Article 42A.054(a), Code of
Criminal Procedure, the offense is a felony of the second degree; or
             (3)  a felony listed in Article 42A.054(a), Code of
Criminal Procedure, the offense is a felony of the first degree.
       (d)  It is an affirmative defense to prosecution under this
section that:
             (1)  the actor has been granted a federal immigration
benefit entitling the actor to:
                   (A)  lawful presence in the United States; or
                   (B)  asylum under 8 U.S.C. Section 1158;
             (2)  the actor's conduct does not constitute a
violation of 8 U.S.C. Section 1325(a); or
             (3)  the actor was approved for benefits under the
federal Deferred Action for Childhood Arrivals program between June
15, 2012, and July 16, 2021.
       (e)  For purposes of Subsection (d)(1), the following
federal programs do not confer federal immigration benefits
entitling the actor to lawful presence in the United States:
             (1)  the Deferred Action for Parents of Americans and
Lawful Permanent Residents; and
             (2)  any program not enacted by the United States
Congress that is a successor to or materially similar to the program
described by Subdivision (1) or Subsection (d)(3).
       (f)  A court may not abate the prosecution of an offense
under this section on the basis that a federal determination
regarding the immigration status of the actor is pending.
       (g)  A law enforcement officer of the Department of Public
Safety who arrests a person for an offense under this section shall,
to the extent feasible, detain the person in a facility established
under Operation Lone Star or a similar border security operation of
this state.
       (h)  A peace officer may not arrest a person for an offense
under this section unless the officer has probable cause to believe
that the person engaged in the conduct constituting the offense.