ALM H.B. 192 75(R)BILL ANALYSIS


AGRICULTURE & LIVESTOCK
H.B. 192
By: Turner, Bob
2-18-97
Committee Report (Unamended)



BACKGROUND 

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
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 courtappointed attorney.  Because of
time and cost, many cases are dismissed, which concerns rural landowners.
These trespassers can pose a serious problem for landowners, sometimes
leaving trash, destroying crops, or camping on private land.
Establishment of a Class C misdemeanor offense punishable by a fine up to
$500, would allow such cases to be heard in a lower court and should
increase enforcement.  Others say that although this legislation would
reduce the penalty for those who trespass within 100 feet of the border of
agricultural land, it could also increase the possibility that tourists or
travelers would be prosecuted for an innocent transgression.  

PURPOSE

This legislation would make certain criminal trespass offenses on
agricultural lands a Class C misdemeanor. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 30.05 (b), Penal Code, by adding a subdivision
to define "agricultural land" as defined in Section 75.001, Civil Practice
and Remedies Code. "Agricultural land" means land suitable for plant,
animal and forestry production. 
 
SECTION 2.  Amends Section 30.05, Penal Code, by making trespassing on
agricultural land a Class C misdemeanor unless the offender is carrying a
deadly weapon during the offense, or the offense is committed in a
habitation, in which case the infraction is a Class A misdemeanor.  A
Class C misdemeanor is committed if a person without the owners permission
or legal authority:  
 (A) enters the agricultural lands of another;
 (B) is within one hundred feet of the boundary of agricultural land when
apprehended; or 
 (C) had notice that entry was forbidden or was asked to leave and did not.

SECTION 3.  Savings Clause.  This Act applies only to an offense committed
on or after the effective date of this Act. 

SECTION 4.  Effective date:  September 1, 1997.

SECTION 5.  Emergency clause.