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.