By Danburg H.B. No. 703
74R3994 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to trespassing on the premises of a health care facility;
1-3 providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
1-6 amended by adding Chapter 251 to read as follows:
1-7 CHAPTER 251. TRESPASSING ON PREMISES OF HEALTH CARE FACILITY
1-8 Sec. 251.001. DEFINITIONS. In this chapter:
1-9 (1) "Entry" means the intrusion of the entire body.
1-10 (2) "Health care facility" includes a hospital,
1-11 emergency room, clinic, minor emergency center, physician's office
1-12 building, nursing home, personal care home, out-patient surgical
1-13 facility, or a facility providing health-related counseling
1-14 services.
1-15 (3) "Notice" means:
1-16 (A) oral or written communication by the owner
1-17 or someone with apparent authority to act for the owner;
1-18 (B) fencing or other enclosure obviously
1-19 designed to exclude intruders or to contain livestock; or
1-20 (C) a sign or signs posted on the property or at
1-21 the entrance to the building, reasonably likely to come to the
1-22 attention of intruders, indicating that entry is forbidden.
1-23 Sec. 251.002. TRESPASS. A person commits an offense if the
1-24 person enters or remains on property or in a building of a health
2-1 care facility without effective consent and the person:
2-2 (1) had notice that the entry was forbidden; or
2-3 (2) received notice to depart but failed to do so.
2-4 Sec. 251.003. OFFENSE. An offense under Section 251.002 is
2-5 a Class A misdemeanor, except that the offense is a felony of the
2-6 third degree if:
2-7 (1) the actor has previously been convicted under that
2-8 section; or
2-9 (2) the conduct that constitutes the offense also
2-10 constitutes the violation of a court order that was directed to the
2-11 actor and of which the actor had notice before the commission of
2-12 the offense.
2-13 SECTION 2. This Act takes effect September 1, 1995.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.