Bill Text: TX HB1983 | 2025-2026 | 89th Legislature | Comm Sub
Bill Title: Relating to creating the criminal offense of child endangerment involving smuggling across an international border.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2025-04-30 - Considered in Calendars [HB1983 Detail]
Download: Texas-2025-HB1983-Comm_Sub.html
| 89R8818 JSC-D | ||
| By: Hickland | H.B. No. 1983 | |
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| relating to creating the criminal offense of child endangerment | ||
| involving smuggling across an international border. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 22, Penal Code, is amended by adding | ||
| Section 22.042 to read as follows: | ||
| Sec. 22.042. CHILD ENDANGERMENT INVOLVING SMUGGLING ACROSS | ||
| INTERNATIONAL BORDER. (a) In this section: | ||
| (1) "Abandon" means to leave in any place without | ||
| providing reasonable and necessary care a child under circumstances | ||
| under which no reasonable, similarly situated person would leave a | ||
| child of that age and ability. | ||
| (2) "Child" means a person younger than 18 years of | ||
| age. | ||
| (b) A person commits an offense if: | ||
| (1) the person is a parent of a child or is a guardian, | ||
| conservator, or other legal custodian of a child; | ||
| (2) the person knowingly pays, contracts with, or | ||
| otherwise engages an individual or organization for the purpose of | ||
| transporting the child across an international border in violation | ||
| of any federal or state law; and | ||
| (3) the child, as a result of the transportation | ||
| arrangement, is: | ||
| (A) found by state or federal law enforcement, | ||
| including the United States Border Patrol, to be not in the physical | ||
| custody of any parent or of any guardian, conservator, or other | ||
| custodian of the child; | ||
| (B) subjected to conditions that place the | ||
| child's physical or mental health at substantial risk of harm; or | ||
| (C) abandoned, exploited, or otherwise | ||
| endangered. | ||
| (c) An offense under this section is a state jail felony | ||
| unless it is shown on the trial of the offense that: | ||
| (1) the child suffered serious bodily injury, in which | ||
| event the offense is a felony of the second degree; or | ||
| (2) the child died as a result of the conduct described | ||
| by Subsection (b), in which event the offense is a felony of the | ||
| first degree. | ||
| (d) It is not a defense to prosecution under this section | ||
| that: | ||
| (1) the actor believed the conduct was necessary for | ||
| the child's safety or well-being; or | ||
| (2) the individual or organization described by | ||
| Subsection (b)(2) acted independently of the actor in abandoning, | ||
| exploiting, or otherwise endangering the child. | ||
| (e) If conduct constituting an offense under this section | ||
| also constitutes an offense under another section of this code, the | ||
| actor may be prosecuted under either section or under both | ||
| sections. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
