1-1                                   AN ACT

 1-2     relating to notice that entry on property is forbidden for the

 1-3     purpose of prosecuting the offense of trespass.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 30.05(b), Penal Code, is amended by

 1-6     amending Subdivision (2) and by adding Subdivision (4) to read as

 1-7     follows:

 1-8                 (2)  "Notice" means:

 1-9                       (A)  oral or written communication by the owner

1-10     or someone with apparent authority to act for the owner;

1-11                       (B)  fencing or other enclosure obviously

1-12     designed to exclude intruders or to contain livestock;

1-13                       (C)  a sign or signs posted on the property or at

1-14     the entrance to the building, reasonably likely to come to the

1-15     attention of intruders, indicating that entry is forbidden;  [or]

1-16                       (D)  the placement of identifying purple paint

1-17     marks on trees or posts on the property, provided that the marks

1-18     are:

1-19                             (i)  vertical lines of not less than eight

1-20     inches in length and not less than one inch in width;

1-21                             (ii)  placed so that the bottom of the mark

1-22     is not less than three feet from the ground or more than five feet

1-23     from the ground; and

1-24                             (iii)  placed at locations that are readily

 2-1     visible to any person approaching the property and no more than:

 2-2                                            (a)  100 feet apart on

 2-3     forest land; or

 2-4                                            (b)  1,000 feet apart on

 2-5     land other than forest land; or

 2-6                       (E)  the visible presence on the property of a

 2-7     crop grown for human consumption that is under cultivation, in the

 2-8     process of being harvested, or marketable if harvested at the time

 2-9     of entry.

2-10                 (4)  "Forest land" means land on which the trees are

2-11     potentially valuable for timber products.

2-12           SECTION 2.  Section 30.05, Penal Code, is amended by adding

2-13     Subsection (e) to read as follows:

2-14           (e)  A person does not have or receive notice under

2-15     Subsection (b)(2)(D) unless a sign is placed at each entrance for

2-16     vehicles to the property that gives notice that the presence of

2-17     purple paint marks on trees or posts on the property indicates that

2-18     entry is forbidden.  The sign required under this subsection must

2-19     be not less than two feet by three feet in size with block letters

2-20     at least two inches in height.  This subsection expires September

2-21     1, 1998.

2-22           SECTION 3.  (a)  The change in law made by this Act applies

2-23     only to an offense committed on or after the effective date of this

2-24     Act.  For purposes of this section, an offense is committed before

2-25     the effective date of this Act if any element of the offense occurs

2-26     before the effective date.

2-27           (b)  In the prosecution of an offense in which it is alleged

 3-1     that the defendant had or received notice as described by Section

 3-2     30.05(e), Penal Code, as added by this Act, Section 30.05(e) is

 3-3     continued in effect after September 1, 1998, but only if every

 3-4     element of the alleged offense occurred before September 1, 1998.

 3-5           (c)  An offense committed before the effective date of this

 3-6     Act is covered by the law in effect when the offense was committed,

 3-7     and the former law is continued in effect for that purpose.

 3-8           SECTION 4.  This Act takes effect September 1, 1997.

 3-9           SECTION 5.  The importance of this legislation and the

3-10     crowded condition of the calendars in both houses create an

3-11     emergency and an imperative public necessity that the

3-12     constitutional rule requiring bills to be read on three several

3-13     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 793 was passed by the House on May 8,

         1997, by a non-record vote; that the House refused to concur in

         Senate amendments to H.B. No. 793 on May 28, 1997, and requested

         the appointment of a conference committee to consider the

         differences between the two houses; and that the House adopted the

         conference committee report on H.B. No. 793 on June 1, 1997, by a

         non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 793 was passed by the Senate, with

         amendments, on May 23, 1997, by a viva-voce vote; at the request of

         the House, the Senate appointed a conference committee to consider

         the differences between the two houses; and that the Senate adopted

         the conference committee report on H.B. No. 793 on June 1, 1997, by

         a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor