By Turner of Coleman, Combs                            H.B. No. 556
       74R1571 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the criminal offense of trespass on agricultural lands.
    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 Subsections (e) and (f) to read as
   1-10  follows:
   1-11        (d)  An offense under Subsection (a) <this section> is a
   1-12  Class B misdemeanor unless it is committed in a habitation or a
   1-13  shelter center or unless the actor carries a deadly weapon on or
   1-14  about his person during the commission of the offense, in which
   1-15  event it is a Class A misdemeanor.  An offense under Subsection (e)
   1-16  is a Class C misdemeanor unless the actor carries a deadly weapon
   1-17  on or about the actor's person during the commission of the
   1-18  offense, in which event it is a Class A misdemeanor.
   1-19        (e)  A person commits an offense if without effective consent
   1-20  the person:
   1-21              (1)  enters or remains on agricultural land of another;
   1-22              (2)  is within one hundred feet of the boundary of the
   1-23  land when apprehended; and
   1-24              (3)  had notice that the entry was forbidden or
    2-1  received notice to depart but failed to do so.
    2-2        (f)  It is an exception to the application of Subsection (e)
    2-3  that the actor:
    2-4              (1)  owns adjoining agricultural land or is authorized
    2-5  by the owner of the adjoining agricultural land to be on that
    2-6  adjoining agricultural land; and
    2-7              (2)  under circumstances in which notifying the owner
    2-8  of the agricultural land entered by the actor is not practical,
    2-9  enters the adjoining agricultural land to:
   2-10                    (A)  retrieve livestock before the value of the
   2-11  livestock is reduced;
   2-12                    (B)  prevent harm to livestock maintained on
   2-13  either agricultural land; or
   2-14                    (C)  repair property commonly owned or used by
   2-15  the owners of both the agricultural land entered and the adjoining
   2-16  agricultural land, if the property is in need of immediate repair.
   2-17        SECTION 3.  (a)  The change in law made by this Act applies
   2-18  only to an offense committed on or after the effective date of this
   2-19  Act.  For purposes of this section, an offense is committed before
   2-20  the effective date of this Act if any element of the offense occurs
   2-21  before the effective date.
   2-22        (b)  An offense committed before the effective date of this
   2-23  Act is covered by the law in effect when the offense was committed,
   2-24  and the former law is continued in effect for this purpose.
   2-25        SECTION 4.  This Act takes effect September 1, 1995.
   2-26        SECTION 5.  The importance of this legislation and the
   2-27  crowded condition of the calendars in both houses create an
    3-1  emergency and an imperative public necessity that the
    3-2  constitutional rule requiring bills to be read on three several
    3-3  days in each house be suspended, and this rule is hereby suspended.