Bill Summary – FastDemocracy

   
      88(4) HB 54 - Introduced version - Bill Text
      
            88S40027 JRR-D
         
		By:  Oliverson
            H.B.  No.  54
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the procedure following the apprehension of an 
         
            undocumented individual by the Department of Public Safety for 
         
            illegal entry into this state from Mexico during certain declared 
         
            disasters; creating a criminal offense.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    Subchapter A, Chapter 411, Government Code, is 
         
            amended by adding Section 411.02085 to read as follows:
         
                          Sec.  411.02085.    PROCEDURE FOLLOWING APPREHENSION OF 
         
            UNDOCUMENTED INDIVIDUAL FOR ILLEGAL ENTRY FROM MEXICO DURING 
         
            CERTAIN DECLARED DISASTERS; OFFENSE.  (a)  In this section:
         
                                      (1)    "Affected county" means a county in which the 
         
            governor has declared a state of disaster under Chapter 418 
         
            relating to the mass unauthorized entry of individuals into this 
         
            state or otherwise relating to border security.
         
                                      (2)    "Undocumented individual" means an individual 
         
            who:
         
                                                  (A)    is not a citizen or other national of the 
         
            United States; and
         
                                                  (B)    is not lawfully authorized to be present in 
         
            the United States under the Immigration and Nationality Act (8 
         
            U.S.C. Section 1101 et seq.) or other federal law.
         
                          (b)    A peace officer of the department who apprehends in an 
         
            affected county an undocumented individual for crossing the border 
         
            between this state and Mexico in violation of state or federal law 
         
            shall:
         
                                      (1)    collect any identifying information the 
         
            individual may have;  
         
                                      (2)    transport the individual to a port of entry; and  
         
                                      (3)    order the individual to return to Mexico.
         
                          (c)    An undocumented individual commits an offense if the 
         
            individual:
         
                                      (1)    crosses the border between this state and Mexico 
         
            in violation of state or federal law; and
         
                                      (2)    subsequently refuses to comply with an order to 
         
            return to Mexico delivered by a peace officer under Subsection 
         
            (b)(3) in response to the violation described by Subdivision (1).
         
                          (d)    An offense under Subsection (c) is a felony of the third 
         
            degree.  
         
                          SECTION  2.    This Act takes effect on the 91st day after the 
         
            last day of the legislative session.
         
Statutes affected: 
Introduced:  ()



	A BILL TO BE ENTITLED
	AN ACT
	relating to the procedure following the apprehension of an
	undocumented individual by the Department of Public Safety for
	illegal entry into this state from Mexico during certain declared
	disasters; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter A, Chapter 411, Government Code, is
	amended by adding Section 411.02085 to read as follows:
	Sec. 411.02085. PROCEDURE FOLLOWING APPREHENSION OF
	UNDOCUMENTED INDIVIDUAL FOR ILLEGAL ENTRY FROM MEXICO DURING
	CERTAIN DECLARED DISASTERS; OFFENSE. (a) In this section:
	(1) "Affected county" means a county in which the
	governor has declared a state of disaster under Chapter 418
	relating to the mass unauthorized entry of individuals into this
	state or otherwise relating to border security.
	(2) "Undocumented individual" means an individual
	who:
	(A) is not a citizen or other national of the
	United States; and
	(B) is not lawfully authorized to be present in
	the United States under the Immigration and Nationality Act (8
	U.S.C. Section 1101 et seq.) or other federal law.
	(b) A peace officer of the department who apprehends in an
	affected county an undocumented individual for crossing the border
	between this state and Mexico in violation of state or federal law
	shall:
	(1) collect any identifying information the
	individual may have;
	(2) transport the individual to a port of entry; and
	(3) order the individual to return to Mexico.
	(c) An undocumented individual commits an offense if the
	individual:
	(1) crosses the border between this state and Mexico
	in violation of state or federal law; and
	(2) subsequently refuses to comply with an order to
	return to Mexico delivered by a peace officer under Subsection
	(b)(3) in response to the violation described by Subdivision (1).
	(d) An offense under Subsection (c) is a felony of the third
	degree.
	SECTION 2. This Act takes effect on the 91st day after the
	last day of the legislative session.