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.
1-43 * * * * *