By McClendon                                          H.B. No. 1265
         76R156 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 on the National
 1-7     Priorities List established under Section 105 of the federal
 1-8     Comprehensive  Environmental Response, Compensation, and Liability
 1-9     Act of 1980 (42 U.S.C. Section 9605).
1-10           SECTION 2.  Section 30.05(d), Penal Code, is amended to read
1-11     as follows:
1-12           (d)  An offense under this section is a Class B misdemeanor,
1-13     except that the offense is a Class A misdemeanor if:
1-14                 (1)  the offense [unless it] is committed:
1-15                       (A)  in a habitation or a shelter center; or
1-16                       (B)  on a Superfund site; or
1-17                 (2)  [unless] the actor carries a deadly weapon on or
1-18     about his person during the commission of the offense[, in which
1-19     event it is a Class A misdemeanor].
1-20           SECTION 3.  (a)  The change in law made by this Act applies
1-21     only to an offense committed on or after the effective date of this
1-22     Act.  For  purposes of this section, an offense is committed before
1-23     the effective date of this Act if any element of the offense occurs
1-24     before the effective date.
 2-1           (b)  An offense committed before the effective date of this
 2-2     Act is covered by the law in effect when the offense was committed,
 2-3     and the former law is continued in effect for that purpose.
 2-4           SECTION 4.  This Act takes effect September 1, 1999.
 2-5           SECTION 5.  The importance of this legislation and the
 2-6     crowded condition of the calendars in both houses create an
 2-7     emergency and an imperative public necessity that the
 2-8     constitutional rule requiring bills to be read on three several
 2-9     days in each house be suspended, and this rule is hereby suspended.