By Ellis S.B. No. 481 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.