H.B. No. 3790 proposes to amend the Texas Code of Criminal Procedure and the Penal Code to increase the criminal penalties for certain offenses committed by aliens. The bill introduces Article 42.01992, which mandates that during the trial of an offense (excluding traffic offenses punishable by fine only), a judge must make an affirmative finding if it is determined beyond a reasonable doubt that the defendant was an alien at the time of the offense. This finding will be recorded in the judgment of the case.

Additionally, the bill adds Section 12.503 to the Penal Code, which stipulates that if an affirmative finding is made under Article 42.01992, the punishment for the offense will be escalated to the next highest category of offense. Specifically, if the offense is a first-degree felony, the minimum imprisonment term is raised to seven years, and if it is a Class A misdemeanor, the minimum confinement term is increased to 180 days. The changes will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025.

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