Bill Text: TX HB793 | 2013-2014 | 83rd Legislature | Engrossed

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Bill Title: Relating to the prosecution and punishment of the smuggling of persons.

Sponsorship: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed - Dead) 2013-05-10 - Referred to Criminal Justice [HB793 Detail]

Download: Texas-2013-HB793-Engrossed.html

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83R12499 GCB-D
By: Lozano, Zedler, Sheffield of Bell, Dale, H.B. No. 793
Munoz, Jr., et al.

A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment of the smuggling of
persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 20.01, Penal Code, is amended by adding
Subdivisions (6), (7), and (8) to read as follows:
(6) "Agricultural land" has the meaning assigned by
Section 75.001, Civil Practice and Remedies Code.
(7) "Firearm" has the meaning assigned by Section
46.01.
(8) "Special investigator" includes an agent of the
United States Department of Homeland Security.
SECTION 2. Sections 20.05(a) and (c), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person intentionally:
(1) uses a motor vehicle, aircraft, or watercraft to
transport an individual with the intent to:
(A) [(1)] conceal the individual from a peace
officer or special investigator; or
(B) [(2)] flee from a person the actor knows is a
peace officer or special investigator attempting to lawfully arrest
or detain the actor; or
(2) assists, guides, or directs three or more
individuals to enter or remain on agricultural land without the
effective consent of the owner.
(c) An offense under this section is a felony of the third
degree if:
(1) the actor commits the offense:
(A) [(1)] for pecuniary benefit; or
(B) [(2)] in a manner that creates a substantial
likelihood that the transported individual will suffer serious
bodily injury or death; or
(2) 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.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2013.