1-1     By:  McClendon (Senate Sponsor - Barrientos)          H.B. No. 1265
 1-2           (In the Senate - Received from the House May 10, 1999;
 1-3     May 10, 1999, read first time and referred to Committee on Natural
 1-4     Resources; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 6, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the penalty for trespassing onto a Superfund site.
 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)  "Superfund site" means a facility that:
1-13                       (A)  is on the National Priorities List
1-14     established under Section 105 of the federal Comprehensive
1-15     Environmental Response, Compensation, and Liability Act of 1980 (42
1-16     U.S.C. Section 9605); or
1-17                       (B)  is listed on the state registry established
1-18     under Section 361.181, Health and Safety Code.
1-19           SECTION 2.  Section 30.05(d), Penal Code, is amended to read
1-20     as follows:
1-21           (d)  An offense under this section is a Class B misdemeanor,
1-22     except that the offense is a Class A misdemeanor if:
1-23                 (1)  the offense [unless it] is committed:
1-24                       (A)  in a habitation or a shelter center; or
1-25                       (B)  on a Superfund site; or
1-26                 (2)  [unless] the actor carries a deadly weapon on or
1-27     about his person during the commission of the offense[, in which
1-28     event it is a Class A misdemeanor].
1-29           SECTION 3.  (a)  The change in law made by this Act applies
1-30     only to an offense committed on or after the effective date of this
1-31     Act.  For  purposes of this section, an offense is committed before
1-32     the effective date of this Act if any element of the offense occurs
1-33     before the effective date.
1-34           (b)  An offense committed before the effective date of this
1-35     Act is covered by the law in effect when the offense was committed,
1-36     and the former law is continued in effect for that purpose.
1-37           SECTION 4.  This Act takes effect September 1, 1999.
1-38           SECTION 5.  The importance of this legislation and the
1-39     crowded condition of the calendars in both houses create an
1-40     emergency and an imperative public necessity that the
1-41     constitutional rule requiring bills to be read on three several
1-42     days in each house be suspended, and this rule is hereby suspended.
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