Tex.
Penal Code Section 51.03
Illegal Reentry by Certain Aliens
(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 (Punishments), 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 (Order to Return to Foreign Nation), 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.
Source:
Section 51.03 — Illegal Reentry by Certain Aliens, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.51.htm#51.03 (accessed Jun. 5, 2024).
