By Turner of Coleman                                   H.B. No. 192

      75R1157 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the criminal offense of trespass on agricultural lands.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 30.05(b), Penal Code, is amended by

 1-5     adding Subdivision (4) to read as follows:

 1-6                 (4)  "Agricultural land" has the meaning assigned by

 1-7     Section 75.001, Civil Practice and Remedies Code.

 1-8           SECTION 2.  Section 30.05, Penal Code, is amended by amending

 1-9     Subsection (d) and by adding Subsection (e) to read as follows:

1-10           (d)  An offense under Subsection (a) [this section] is a

1-11     Class B misdemeanor unless it is committed in a habitation or a

1-12     shelter center or unless the actor carries a deadly weapon on or

1-13     about his person during the commission of the offense, in which

1-14     event it is a Class A misdemeanor.  An offense under Subsection (e)

1-15     is a Class C misdemeanor unless it is committed in a habitation or

1-16     unless the actor carries a deadly weapon on or about the actor's

1-17     person during the commission of the offense, in which event it is a

1-18     Class A misdemeanor.

1-19           (e)  A person commits an offense if without express consent

1-20     or legal authority, whether in writing or other form, the person:

1-21                 (1)  enters or remains on agricultural land of another;

1-22                 (2)  is on the agricultural land and within one hundred

1-23     feet of the boundary of the land when apprehended; and

1-24                 (3)  had notice that the entry was forbidden or

 2-1     received notice to depart but failed to do so.

 2-2           SECTION 3.  (a)  The change in law made by this Act applies

 2-3     only to an offense committed on or after the effective date of this

 2-4     Act.  For purposes of this section, an offense is committed before

 2-5     the effective date of this Act if any element of the offense occurs

 2-6     before the effective date.

 2-7           (b)  An offense committed before the effective date of this

 2-8     Act is covered by the law in effect when the offense was committed,

 2-9     and the former law is continued in effect for that purpose.

2-10           SECTION 4.  This Act takes effect September 1, 1997.

2-11           SECTION 5.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.