82R528 GCB-D     By: Lozano H.B. No. 763       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the offense of unlawful transport of an   undocumented person.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 20A, Penal Code, is amended by adding   Section 20A.03 to read as follows:          Sec. 20A.03.  UNLAWFUL TRANSPORT OF UNDOCUMENTED PERSON.     (a)  In this section, "undocumented person" means a person who:                (1)  is not a citizen or national of the United States;   and                (2)  is unlawfully present in the United States   according to the terms of 8 U.S.C. Section 1101 et seq.          (b)  A person commits an offense if the person transports an   undocumented person in a manner that is designed to conceal the   undocumented person from local, state, or federal law enforcement   authorities.          (c)  Except as otherwise provided by Subsection (d), an   offense under this section is a state jail felony.          (d)  An offense under this section is a felony of the third   degree if the offense is committed:                (1)  for pecuniary benefit; or                (2)  in a manner that creates a substantial likelihood   that the undocumented person will suffer bodily injury.          (e)  It is an affirmative defense to prosecution under this   section that the actor is related to the undocumented person within   the third degree of consanguinity or at the time of the offense   within the third degree of affinity.          (f)  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.          SECTION 2.  This Act takes effect September 1, 2011.