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AN ACT
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relating to a defense to prosecution for criminal trespass. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (e), Section 30.05, Penal Code, is |
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amended to read as follows: |
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(e) It is a defense to prosecution under this section that |
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the actor at the time of the offense was: |
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(1) a firefighter or emergency medical services |
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personnel, as defined by Section 773.003, Health and Safety Code, |
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acting in the lawful discharge of an official duty under exigent |
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circumstances; |
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(2) a person who was: |
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(A) an employee or agent of: |
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(i) an electric utility, as defined by |
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Section 31.002, Utilities Code; |
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(ii) a telecommunications provider, as |
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defined by Section 51.002, Utilities Code; |
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(iii) a video service provider or cable |
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service provider, as defined by Section 66.002, Utilities Code; |
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(iv) a gas utility, as defined by Section |
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101.003, Utilities Code, which for the purposes of this subsection |
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includes a municipally owned utility as defined by that section; |
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(v) a gas utility, as defined by Section |
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[or] 121.001, Utilities Code; [or] |
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(vi) [(v)] a pipeline used for the |
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transportation or sale of oil, gas, or related products; or |
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(vii) an electric cooperative or |
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municipally owned utility, as defined by Section 11.003, Utilities |
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Code; and |
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(B) performing a duty within the scope of that |
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employment or agency; or |
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(3) a person who was: |
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(A) employed by or acting as agent for an entity |
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that had, or that the person reasonably believed had, effective |
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consent or authorization provided by law to enter the property; and |
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(B) performing a duty within the scope of that |
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employment or agency. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 701 passed the Senate on |
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April 4, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 701 passed the House on |
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May 20, 2013, by the following vote: Yeas 147, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |