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.