By Turner of Coleman, Combs, et al. H.B. No. 556
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the criminal offense of trespass on agricultural lands.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 30.05(b), Penal Code, is amended by
1-5 adding Subdivision (4) to read as follows:
1-6 (4) "Agricultural land" has the meaning assigned by
1-7 Section 75.001, Civil Practice and Remedies Code.
1-8 SECTION 2. Section 30.05, Penal Code, is amended by amending
1-9 Subsection (d) and by adding Subsection (e) to read as follows:
1-10 (d) An offense under Subsection (a) <
this section> is a
1-11 Class B misdemeanor unless it is committed in a habitation or a
1-12 shelter center or unless the actor carries a deadly weapon on or
1-13 about his person during the commission of the offense, in which
1-14 event it is a Class A misdemeanor. An offense under Subsection (e)
1-15 is a Class C misdemeanor unless it is committed in a habitation or
1-16 unless the actor carries a deadly weapon on or about the actor's
1-17 person during the commission of the offense, in which event it is a
1-18 Class A misdemeanor.
1-19 (e) A person commits an offense if without express consent,
1-20 or if without legal authority, whether in writing or other form,
1-21 the person:
1-22 (1) enters or remains on agricultural land of another;
1-23 (2) is on the agricultural land and within one hundred
1-24 feet of the boundary of the land when apprehended; and
2-1 (3) had notice that the entry was forbidden or
2-2 received notice to depart but failed to do so.
2-3 SECTION 3. (a) The change in law made by this Act applies
2-4 only to an offense committed on or after the effective date of this
2-5 Act. For purposes of this section, an offense is committed before
2-6 the effective date of this Act if any element of the offense occurs
2-7 before the effective date.
2-8 (b) An offense committed before the effective date of this
2-9 Act is covered by the law in effect when the offense was committed,
2-10 and the former law is continued in effect for that purpose.
2-11 SECTION 4. This Act takes effect September 1, 1995.
2-12 SECTION 5. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.