By Deshotel                                           H.B. No. 2133
         77R5243 ATP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of a home-rule municipality to adopt an
 1-3     ordinance prohibiting criminal trespass.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subtitle A, Title 7, Local Government Code, is
 1-6     amended by adding Chapter 220 to read as follows:
 1-7         CHAPTER 220.  REGULATION OF CRIMINAL TRESPASS BY HOME-RULE
 1-8                                MUNICIPALITY
 1-9           Sec. 220.001.  MUNICIPALITY COVERED BY CHAPTER. This chapter
1-10     applies only to a home-rule municipality.
1-11           Sec. 220.002.  DEFINITION. In this chapter, "criminal
1-12     trespass" means an act that would constitute an offense under
1-13     Section 30.05, Penal Code.
1-14           Sec. 220.003.  CRIMINAL TRESPASS. The governing body of a
1-15     municipality may by ordinance prohibit criminal trespass.
1-16           Sec. 220.004.  CRIMINAL PENALTY. (a)  A person who violates
1-17     an ordinance adopted under this chapter within the limits of the
1-18     municipality commits an offense.
1-19           (b)  An offense under this section is a Class C misdemeanor.
1-20           Sec. 220.005.  APPLICATION OF OTHER LAW. A person who
1-21     violates an ordinance adopted under this chapter within the limits
1-22     of the municipality may not be prosecuted for that same conduct
1-23     under Section 30.05, Penal Code.
1-24           SECTION 2.  This Act takes effect immediately if it receives
 2-1     a vote of two-thirds of all the members elected to each house, as
 2-2     provided by Section 39, Article III, Texas Constitution.  If this
 2-3     Act does not receive the vote necessary for immediate effect, this
 2-4     Act takes effect September 1, 2001.