85R19832 LHC-F     By: Lozano H.B. No. 1554     Substitute the following for H.B. No. 1554:     By:  Cook C.S.H.B. No. 1554       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 (b), Penal Code, are   amended to read as follows:          (a)  A person commits an offense if the person [, with the   intent to obtain a pecuniary benefit,] knowingly:                (1)  uses a motor vehicle, aircraft, watercraft, or   other means of conveyance to transport an individual with the   intent to:                      (A)  conceal the individual from a peace officer   or special investigator; or                      (B)  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 [encourages or induces a person to   enter or remain in this country in violation of federal law by   concealing, harboring, or shielding that person from detection].          (b)  An offense under this section is a felony of the third   degree, except that the offense is:                (1)  a felony of the second degree if:                      (A)  the actor commits the offense  in a manner   that creates a substantial likelihood that the smuggled individual   will suffer serious bodily injury or death; [or]                      (B)  the smuggled individual is a child younger   than 18 years of age at the time of the offense;                      (C)  the offense was committed with the intent to   obtain a pecuniary benefit;                      (D)  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; or                      (E)  the actor commits the offense under   Subsection (a)(1)(B); or                (2)  a felony of the first degree if:                      (A)  it is shown on the trial of the offense that,   as a direct result of the commission of the offense, the smuggled   individual became a victim of sexual assault, as defined by Section   22.011, or aggravated sexual assault, as defined by Section 22.021;   or                      (B)  the smuggled individual suffered serious   bodily injury or death.          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, 2017.