By McClendon H.B. No. 1265
76R13050 DB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for trespassing onto a Superfund site.
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) "Superfund site" means a facility that:
1-7 (A) is on the National Priorities List
1-8 established under Section 105 of the federal Comprehensive
1-9 Environmental Response, Compensation, and Liability Act of 1980 (42
1-10 U.S.C. Section 9605); or
1-11 (B) is listed on the state registry established
1-12 under Section 361.181, Health and Safety Code.
1-13 SECTION 2. Section 30.05(d), Penal Code, is amended to read
1-14 as follows:
1-15 (d) An offense under this section is a Class B misdemeanor,
1-16 except that the offense is a Class A misdemeanor if:
1-17 (1) the offense [unless it] is committed:
1-18 (A) in a habitation or a shelter center; or
1-19 (B) on a Superfund site; or
1-20 (2) [unless] the actor carries a deadly weapon on or
1-21 about his person during the commission of the offense[, in which
1-22 event it is a Class A misdemeanor].
1-23 SECTION 3. (a) The change in law made by this Act applies
1-24 only to an offense committed on or after the effective date of this
2-1 Act. For purposes of this section, an offense is committed before
2-2 the effective date of this Act if any element of the offense occurs
2-3 before the effective date.
2-4 (b) An offense committed before the effective date of this
2-5 Act is covered by the law in effect when the offense was committed,
2-6 and the former law is continued in effect for that purpose.
2-7 SECTION 4. This Act takes effect September 1, 1999.
2-8 SECTION 5. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.