By Turner of Coleman, Combs 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 Subsections (e) and (f) to read as
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.