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.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1265 was passed by the House on May
         8, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1265 was passed by the Senate on May
         26, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor