Monitoring the Session

HB 1017

Toth Improper Entry Bill Adds A Second, Nearly Identical Offense

Died in committee

Verdict: Smells

SmellsInitial review
Rep. Steve TothRHouse 15
Why it's charged
Already a crime

THE TEXT

…“person who is not a citizen or national of the United State commits”…

Bill text, introduced version (I)

Based on general knowledge, not this text, Texas already passed a similar illegal-entry offense in Penal Code Chapter 51 in 2023, and federal law covers the same conduct. This bill adds a second, nearly identical offense in Chapter 38 and does not mention the existing one.

Already a crime

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to creation of the criminal offense of improper entry from foreign nation.

Caption from analyzed text · version I.

Summary

Chapter 51 got one in 2023. This one goes in Chapter 38, and never mentions it.

The bill creates a new state offense for a non-citizen who enters or tries to enter Texas from a foreign country outside an official port of entry, dodges inspection by federal immigration officers, or gets in by lying or hiding a material fact. It touches non-citizens crossing into Texas and the local police, prosecutors and courts who would enforce the offense. A first violation is a Class A misdemeanor, and repeat violations or prior felony convictions raise it to a state jail felony or a second- or first-degree felony, starting July 1, 2025 with a two-thirds vote or September 1, 2025 without one.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R HB 5270 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 5270 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 12, 2024 and referred to the House State Affairs committee. No public hearing. The bill died.

Receipt

The receipt

89R-HB1017 · 2024-11-12

SOLD BY

Rep. Steve TothRHouse 15

ITEM

relating to creation of the criminal offense of improper entry from foreign nation.

WHAT IT DOES

Chapter 51 got one in 2023. This one goes in Chapter 38, and never mentions it.

The bill creates a new state offense for a non-citizen who enters or tries to enter Texas from a foreign country outside an official port of entry, dodges inspection by federal immigration officers, or gets in by lying or hiding a material fact. It touches non-citizens crossing into Texas and the local police, prosecutors and courts who would enforce the offense. A first violation is a Class A misdemeanor, and repeat violations or prior felony convictions raise it to a state jail felony or a second- or first-degree felony, starting July 1, 2025 with a two-thirds vote or September 1, 2025 without one.

CHARGES

[x] ALREADY A CRIMEanalysis confidence 50%

THE TEXT

…“person who is not a citizen or national of the United State commits”…

Bill text, introduced version (I)

Based on general knowledge, not this text, Texas already passed a similar illegal-entry offense in Penal Code Chapter 51 in 2023, and federal law covers the same conduct. This bill adds a second, nearly identical offense in Chapter 38 and does not mention the existing one.

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to State Affairs
FILED UNDER

No verified beat found.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Steve Toth

Donors

Texans for Lawsuit Reform PAC$33KMichael Till$20,000Don Dyer$10,000

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 1, 2024 to Mar 25, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$32,500.00

Texans for Lawsuit Reform PAC

$32,500.00

Cash
$32,500.00
Paid by others
$0.00
Total
$32,500.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jul 10, 2024 to Jun 27, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101005773, 101012329.

Michael Till$20,000.00
Don Dyer$10,000.00
Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$32,500.00

Cash
$32,500.00
Paid by others
$0.00
Total
$32,500.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jul 10, 2024 to Jun 27, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101005773, 101012329.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 5270

by Rep. Toth, same lead author · Died in committee · same text

Introduced text

Last action, Mar 24, 2023: Referred to State Affairs

Relating to creation of the criminal offense of improper entry from foreign nation.

Caption, 88R bill history

Sources

Texas House · Filed Nov 12, 2024

03/07/2025 H Referred to State Affairs: Mar 7 2025 2:33PM

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · State Affairs · Final status: Died in committee

Subjects

Aliens

Crimes--Miscellaneous

Text

The text as introduced · 296 words

By: Toth
H.B. No. 1017

A BILL TO BE ENTITLED

AN ACT

relating to creation of the criminal offense of improper entry from

foreign nation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 38, Penal Code, is amended by adding

Section 38.20 to read as follows:

Sec. 38.20. IMPROPER ENTRY FROM FOREIGN NATION. (a) A

person who is not a citizen or national of the United State commits

an offense if the person:

(1) enters or attempts to enter this state from a

foreign nation at any time or place other than as designated by

United States immigration officers;

(2) eludes examination or inspection by United States

immigration officers; or

(3) attempts to enter or obtains entry to this state

from a foreign nation by an intentionally false or misleading

representation or the intentional concealment of a material fact.

(b) An offense under this section is a Class A misdemeanor,

except that if it is shown on the trial of the offense that the

person has previously been finally convicted of:

(1) an offense under this section, the offense is a

state jail felony;

(2) a state jail felony described by Subdivision (1)

or any other felony not listed in Article 42A.054(a), Code of

Criminal Procedure, the offense is a felony of the second degree; or

(3) a felony listed in Article 42A.054(a), Code of

Criminal Procedure, the offense is a felony of the first degree.

SECTION 2. This Act takes effect July 1, 2025, if it

receives a vote of two-thirds of all the members elected to each

house, as provided by Section 39, Article III, Texas Constitution.

If this Act does not receive the vote necessary for effect on that

date the Act takes effect September 1, 2025.