By: Hopper H.B. No. 1303       A BILL TO BE ENTITLED   AN ACT   relating to certain criminal offenses involving illegal entry into   or illegal presence in this state by a person who is an alien,   including the enforcement of those offenses; increasing criminal   penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 5B.001, Code of Criminal Procedure, is   amended to read as follows:          Art. 5B.001.  ENFORCEMENT PROHIBITED IN CERTAIN LOCATIONS.     Notwithstanding any other law, a peace officer may not arrest or   detain a person for purposes of enforcing a provision of Chapter 51,   Penal Code, if the person is on the premises or grounds of:                (1)  [a public or private primary or secondary school   for educational purposes;                [(2)  a church, synagogue, or other established place   of religious worship;                [(3)]  a health care facility, as defined by Section   161.471, Health and Safety Code, including a facility a state   agency maintains or operates to provide health care, or the office   of a health care provider, as defined by Section 161.471, Health and   Safety Code, provided that the person is on the premises or grounds   of the facility or office for the purpose of receiving medical   treatment relating to an offense committed against the person; or                (2) [(4)]  a SAFE-ready facility, as defined by Section   323.001, Health and Safety Code, or another facility that provides   forensic medical examinations to sexual assault survivors in   accordance with Chapter 323, Health and Safety Code, provided that   the person is on the premises or grounds of the facility for   purposes of obtaining a forensic medical examination and treatment.          SECTION 2.  Section 51.02(b), Penal Code, is amended to read   as follows:          (b)  An offense under this section is a state jail felony   [Class B misdemeanor], except that the offense is a [state jail]   felony of the third degree if it is shown on the trial of the offense   that the defendant has been previously convicted of an offense   under this section.          SECTION 3.  Section 51.03(b), Penal Code, is amended to read   as follows:          (b)  An offense under this section is a felony of the third   degree [Class A misdemeanor], except that the offense is:                (1)  a felony of the second [third] degree if:                      (A)  the defendant's removal was subsequent to a   conviction for commission of two or more misdemeanors involving   drugs, crimes against a person, or both;                      (B)  the defendant was excluded pursuant to 8   U.S.C. Section 1225(c) because the defendant was excludable under 8   U.S.C. Section 1182(a)(3)(B);                      (C)  the defendant was removed pursuant to the   provisions of 8 U.S.C. Chapter 12, Subchapter V; or                      (D)  the defendant was removed pursuant to 8   U.S.C. Section 1231(a)(4)(B); or                (2)  a felony of the first [second] degree if the   defendant was removed subsequent to a conviction for the commission   of a felony.          SECTION 4.  Section 51.04(b), Penal Code, is amended to read   as follows:          (b)  An offense under this section is a felony of the first   [second] degree.          SECTION 5.  Sections 51.02(c) and (d), Penal Code, are   repealed.          SECTION 6.  The changes in law made by this Act apply 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 7.  This Act takes effect September 1, 2025.