HBA-KMH C.S.H.B. 2879 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2879
By: Chavez
Criminal Jurisprudence
4/26/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

A number of individuals prey on persons seeking unlawful entry into the
United States by transporting them into the country through Texas for
profit.  In some cases those being transported are forced into horrid
conditions that sometimes lead to death.  C.S.H.B. 2879 creates a state
jail felony for transporting a person for a pecuniary benefit in such a way
as to hide the person from government law enforcement and putting the
person in danger of serious bodily injury. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 20, Penal Code, by adding Section 20.05, as
follows: 

Sec.  20.05.  UNLAWFUL TRANSPORT.  Provides that it is a state jail felony
if a person transports an individual for a pecuniary benefit in a manner
that is designed to conceal the individual from local, state, or federal
law enforcement authorities and creates a substantial likelihood that the
individual will suffer serious bodily injury. 

SECTION 1.  Effective date: September 1, 1999.

SECTION 2.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2879 modifies the original in SECTION 1 ( proposed Section 20.05,
Penal Code) to add the condition of transporting for a pecuniary benefit to
the conditions which must occur to create the offense of unlawful
transport.