TITLE: Relating to creation of the criminal offense of improper entry from foreign nation.

SUMMARY: Relating to creation of the criminal offense of improper entry from foreign nation.

FULL TEXT:
AN ACT relating to creation of the criminal offense of improper entry from foreign nation. 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) A person who is not a citizen or national of the United State commits an offense if the person: (1) enters or attempts to enter this state from a foreign nation at any time or place other than as designated by United States immigration officers; (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. (b) An offense under this section is a Class A 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. SECTION 2. This Act takes effect July 1, 2023, if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.