By Turner of Coleman                                   H.B. No. 436
                                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 (5) to read as follows:
 1-6                 (5)  "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 the actor's [his] person during the commission of the
1-14     offense, in which event it is a Class A misdemeanor.  An offense
1-15     under Subsection (e) is a Class C misdemeanor unless it is
1-16     committed in a habitation or unless the actor carries a deadly
1-17     weapon on or about the actor's person during the commission of the
1-18     offense, in which event it is a Class A misdemeanor.
1-19           (e)  A person commits an offense if without express consent
1-20     or if without authorization provided by any law, whether in writing
1-21     or other form, the person:
1-22                 (1)  enters or remains on agricultural land of another;
1-23                 (2)  is on the agricultural land and within 100 feet of
1-24     the boundary of the land when apprehended; and
 2-1                 (3)  had notice that the entry was forbidden or
 2-2     received notice to depart but failed to do so.
 2-3           SECTION 3.  (a)  The change in law made by this Act applies
 2-4     only to an offense committed on or after the effective date of this
 2-5     Act.  For purposes of this section, an offense is committed before
 2-6     the effective date of this Act if any element of the offense occurs
 2-7     before the effective date.
 2-8           (b)  An offense committed before the effective date of this
 2-9     Act is covered by the law in effect when the offense was committed,
2-10     and the former law is continued in effect for that purpose.
2-11           SECTION 4.  This Act takes effect September 1, 1999.
2-12           SECTION 5.  The importance of this legislation and the
2-13     crowded condition of the calendars in both houses create an
2-14     emergency and an imperative public necessity that the
2-15     constitutional rule requiring bills to be read on three several
2-16     days in each house be suspended, and this rule is hereby suspended.