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