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.