SRC-CDH H.B. 192 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 192
By: Turner, Bob (Fraser)
Jurisprudence
5-1-97
Engrossed


DIGEST 

Currently, under Section 30.05, Penal Code, trespass cases, including
minor offenses, must be cited as Class B misdemeanors punishable by a fine
not to exceed $2,000, jail time not to exceed 180 days, or both.  In rural
areas, misdemeanor cases must be heard at the county court level.  The
county court must often invest much time and money into such cases,
sometimes bringing the accused trespasser, often a tourist or traveler,
from a distant location and assigning him or her a court-appointed
attorney.  Because of time and cost, many cases are dismissed, which
concerns rural landowners because these trespassers can pose serious
problems, sometimes leaving trash, destroying crops, or camping on private
land.  H.B. 192 makes criminal trespass offenses on agricultural lands a
Class C misdemeanor offense punishable by a fine of up to $500, in an
effort to increase enforcement by allowing more trespass cases to be heard
in lower courts.   

PURPOSE

As proposed, H.B. 192 establishes the criminal offense of trespass on
agricultural lands.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 30.05(b), Penal Code, by adding Subdivision (4),
to define "agricultural land."   

SECTION 2. Amends Section 30.05, Penal Code, by amending Subsection (d),
and adding Subsection (e), to provide that an offense under Subsection (e)
is a Class C misdemeanor unless it is committed in a habitation or unless
the actor carries a deadly weapon on or about the actor's person during
the commission of the offense, in which event it is a Class A misdemeanor.
Establishes that a person commits an offense if without express consent or
if without legal authority, whether in writing or other form, the person
enters or remains on agricultural land of another; is on the agricultural
land and within one hundred feet of the boundary of the land when
apprehended; and had notice that the entry was forbidden or received
notice to depart but failed to do so.  Makes a conforming change. 

SECTION 3. Makes application of this Act prospective.  

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.