1-1 By: De La Garza (Senate Sponsor - Lucio) H.B. No. 288
1-2 (In the Senate - Received from the House March 8, 1993;
1-3 March 9, 1993, read first time and referred to Committee on Natural
1-4 Resources; March 23, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 8, Nays 0; March 23, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 COMMITTEE AMENDMENT NO. 1 By: Lucio
1-20 Amend H.B. No. 288 as follows:
1-21 page 1, line 39, delete ", other than timber, small grains,
1-22 grasses, or cotton," and substitute with "grown for human
1-23 consumption"
1-24 A BILL TO BE ENTITLED
1-25 AN ACT
1-26 relating to criminal trespass on land where crops are grown.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Section 30.05(b)(2), Penal Code, is amended to
1-29 read as follows:
1-30 (2) "Notice" means:
1-31 (A) oral or written communication by the owner
1-32 or someone with apparent authority to act for the owner;
1-33 (B) fencing or other enclosure obviously
1-34 designed to exclude intruders or to contain livestock; <or>
1-35 (C) a sign or signs posted on the property or at
1-36 the entrance to the building, reasonably likely to come to the
1-37 attention of intruders, indicating that entry is forbidden; or
1-38 (D) the visible presence on the property of a
1-39 crop, other than timber, small grains, grasses, or cotton, that is
1-40 under cultivation, in the process of being harvested, or marketable
1-41 if harvested at the time of entry.
1-42 SECTION 2. (a) The change in law made by this Act applies
1-43 only to an offense committed on or after the effective date of this
1-44 Act.
1-45 (b) An offense committed before the effective date of this
1-46 Act is covered by the law in effect when the offense was committed,
1-47 and the former law is continued in effect for this purpose. For
1-48 purposes of this section, an offense is committed before the
1-49 effective date if any element of the offense occurs before the
1-50 effective date.
1-51 SECTION 3. This Act takes effect September 1, 1993.
1-52 SECTION 4. The importance of this legislation and the
1-53 crowded condition of the calendars in both houses create an
1-54 emergency and an imperative public necessity that the
1-55 constitutional rule requiring bills to be read on three several
1-56 days in each house be suspended, and this rule is hereby suspended.
1-57 * * * * *
1-58 Austin,
1-59 Texas
1-60 March 23, 1993
1-61 Hon. Bob Bullock
1-62 President of the Senate
1-63 Sir:
1-64 We, your Committee on Natural Resources to which was referred H.B.
1-65 No. 288, have had the same under consideration, and I am instructed
1-66 to report it back to the Senate with the recommendation that it do
1-67 pass, as amended, and be printed.
1-68 Sims,
2-1 Chairman
2-2 * * * * *
2-3 WITNESSES
2-4 FOR AGAINST ON
2-5 ___________________________________________________________________
2-6 Name: Rebecca Harrington x
2-7 Representing: United Farm Workers
2-8 City: Austin
2-9 -------------------------------------------------------------------
2-10 Name: Ray Prewett x
2-11 Representing: Tx Citrus Mutual
2-12 City: Mission
2-13 -------------------------------------------------------------------
2-14 Name: Jerry Walzel x
2-15 Representing: Texas Citrus & Vegetable
2-16 Assn
2-17 City: Harlingen
2-18 -------------------------------------------------------------------