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House Bill 1129 |
House Author: Macias |
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Effective: Vetoed |
Senate Sponsor: Wentworth |
House Bill 1129 amends provisions of the Penal Code relating to criminal trespass. The bill makes it a Class C misdemeanor for a person to criminally trespass on residential land, defined as real property improved by a dwelling or authorized for single-family or multifamily use. Punishment for this type of criminal trespass is enhanced to a Class A misdemeanor if the person enters or remains in a building or habitation on the residential land, or if the person carries a deadly weapon during the commission of such an offense.
House Bill 1129 restructures the punishment scheme for criminal trespass in a building or on or in property, including an aircraft or other vehicle, to make the first offense a Class C misdemeanor, rather than a Class B misdemeanor, and to enhance punishment for a subsequent offense of such criminal trespass to a Class B misdemeanor. The bill expands the list of persons who may invoke an affirmative defense to prosecution for the offense of criminal trespass.
Reason Given for Veto: "House Bill 1092, House Bill 1129, Senate Bill 1097 and Senate Bill 182 all seek to amend the offense of criminal trespass by creating certain places that are subject to criminal trespass. Current statute covers the places identified in these bills, which renders this legislation redundant. If there are problems, the State of Texas should address criminal trespass issues in a comprehensive manner that makes the system consistent for enforcement and punishment."