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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty for certain criminal |
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trespass offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 30.05(d), Penal Code, is amended to read |
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as follows: |
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(d) An offense under this section is: |
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(1) a Class B misdemeanor, except as provided by |
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Subdivisions (2) and (3); |
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(2) a Class C misdemeanor, except as provided by |
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Subdivision (3), if the offense is committed: |
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(A) on agricultural land and within 100 feet of |
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the boundary of the land; or |
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(B) on residential land and within 100 feet of a |
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protected freshwater area; and |
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(3) a Class A misdemeanor if: |
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(A) the offense is committed: |
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(i) in a habitation or a shelter center; |
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(ii) on a Superfund site; or |
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(iii) on or in a critical infrastructure |
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facility; |
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(B) [the offense is committed on or in property |
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of an institution of higher education and] it is shown on the trial |
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of the offense that the person has previously been convicted of: |
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(i) an offense under this section [relating |
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to entering or remaining on or in property of an institution of |
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higher education]; or |
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(ii) an offense under Section 51.204(b)(1), |
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Education Code, relating to trespassing on the grounds of an |
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institution of higher education; or |
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(C) the person carries a deadly weapon during the |
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commission of the offense. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2021. |