1-1     By:  Turner of Coleman (Senate Sponsor - Duncan)       H.B. No. 436
 1-2           (In the Senate - Received from the House March 31, 1999;
 1-3     April 6, 1999, read first time and referred to Committee on
 1-4     Criminal Justice; April 30, 1999, reported favorably by the
 1-5     following vote:  Yeas 7, Nays 0; April 30, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the criminal offense of trespass on agricultural lands.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 30.05(b), Penal Code, is amended by
1-11     adding Subdivision (5) to read as follows:
1-12                 (5)  "Agricultural land" has the meaning assigned by
1-13     Section 75.001, Civil Practice and Remedies Code.
1-14           SECTION 2.  Section 30.05, Penal Code, is amended by amending
1-15     Subsection (d) and by adding Subsection (e) to read as follows:
1-16           (d)  An offense under Subsection (a) [this section] is a
1-17     Class B misdemeanor unless it is committed in a habitation or a
1-18     shelter center or unless the actor carries a deadly weapon on or
1-19     about the actor's [his] person during the commission of the
1-20     offense, in which event it is a Class A misdemeanor.  An offense
1-21     under Subsection (e) is a Class C misdemeanor unless it is
1-22     committed in a habitation or unless the actor carries a deadly
1-23     weapon on or about the actor's person during the commission of the
1-24     offense, in which event it is a Class A misdemeanor.
1-25           (e)  A person commits an offense if without express consent
1-26     or if without authorization provided by any law, whether in writing
1-27     or other form, the person:
1-28                 (1)  enters or remains on agricultural land of another;
1-29                 (2)  is on the agricultural land and within 100 feet of
1-30     the boundary of the land when apprehended; and
1-31                 (3)  had notice that the entry was forbidden or
1-32     received notice to depart but failed to do so.
1-33           SECTION 3.  (a)  The change in law made by this Act applies
1-34     only to an offense committed on or after the effective date of this
1-35     Act.  For purposes of this section, an offense is committed before
1-36     the effective date of this Act if any element of the offense occurs
1-37     before the effective date.
1-38           (b)  An offense committed before the effective date of this
1-39     Act is covered by the law in effect when the offense was committed,
1-40     and the former law is continued in effect for that purpose.
1-41           SECTION 4.  This Act takes effect September 1, 1999.
1-42           SECTION 5.  The importance of this legislation and the
1-43     crowded condition of the calendars in both houses create an
1-44     emergency and an imperative public necessity that the
1-45     constitutional rule requiring bills to be read on three several
1-46     days in each house be suspended, and this rule is hereby suspended.
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