HBA-DMD H.B. 436 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 436
By: Turner, Bob
Agriculture & Livestock
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislative Session, Section 30.05, Penal Code, criminal
trespass was a Class B misdemeanor if the offense was minor. In rural
counties, however, a minor criminal trespass may have consisted of a
sightseer trespassing to view or pick wild flowers. H.B. 436 classifies
criminal trespassing on agricultural land as a Class C misdemeanor in an
attempt to make case disposition swifter and less expensive.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate 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 Subdivision (5),
to define "agricultural land" as having the meaning assigned by Section
75.001 (Definitions), Civil Practice and Remedies Code. 

SECTION 2.  Amends Section 30.05, Penal Code, by amending Subsection (d)
and adding Subsection (e), to establish that a person who does not have
express consent or legal authority to enter or remain on the agricultural
land of another, who is on the agricultural land and within 100 feet of the
boundary when apprehended, and had notice that the entry was forbidden or
received notice to depart but failed to do so, is committing a Class C
misdemeanor, unless the offense occurs 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 the offense is a Class A
misdemeanor.  Makes conforming and nonsubstantive changes. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.