TX HB3790

Requires judges to make an affirmative finding in the judgment if the trier of fact determines beyond a reasonable doubt that a defendant was an "alien" at the time of committing an offense (excluding fine-only traffic offenses)

Increases criminal punishment to the next highest offense category when a defendant is found to have been an alien at the time of the offense, except for capital felonies

For first-degree felonies committed by aliens, increases the minimum term of imprisonment to 7 years (unless existing law already requires 7+ years)

For Class A misdemeanors committed by aliens, increases the minimum confinement to 180 days (unless existing law already requires 180+ days)

Applies only to offenses committed on or after September 1, 2025