(a) A person who is an alien commits an offense if the person enters, attempts to enter, or is at any time found in this state after the person:
(1) has been denied admission to or excluded, deported, or removed from the United States; or
(2) has departed from the United States while an order of exclusion, deportation, or removal is outstanding.
(b) An offense under this section is a Class A misdemeanor, except that the offense is:
(1) a felony of the 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 second degree if the defendant was removed subsequent to a conviction for the commission of a felony.
(c) For purposes of this section, "removal" includes an order issued under Article 5B.002 , Code of Criminal Procedure, or any other agreement in which an alien stipulates to removal pursuant to a criminal proceeding under either federal or state law.
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 2 (S.B. 4 ), Sec. 2, eff. March 5, 2024.
