78R4342 ATP-D

By:  Deshotel                                                     H.B. No. 669



A BILL TO BE ENTITLED

AN ACT

relating to the authority of a home-rule municipality to adopt an 
ordinance prohibiting criminal trespass; providing for a criminal 
penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle A, Title 7, Local Government Code, is 
amended by adding Chapter 220 to read as follows:

CHAPTER 220.  REGULATION OF CRIMINAL TRESPASS BY HOME-RULE
MUNICIPALITY
	Sec. 220.001.  MUNICIPALITY COVERED BY CHAPTER. This chapter 
applies only to a home-rule municipality.
	Sec. 220.002.  DEFINITION. In this chapter, "criminal 
trespass" means an act that would constitute an offense under 
Section 30.05, Penal Code.
	Sec. 220.003.  CRIMINAL TRESPASS. The governing body of the 
municipality may by ordinance prohibit criminal trespass.
	Sec. 220.004.  CRIMINAL PENALTY. (a)  A person who violates 
an ordinance adopted under this chapter within the limits of the 
municipality commits an offense.
	(b)  An offense under this section is a Class C misdemeanor.            
	Sec. 220.005.  APPLICATION OF OTHER LAW. A person who is 
prosecuted for violating an ordinance adopted under this chapter 
within the limits of the municipality may not be prosecuted for that 
same conduct under Section 30.05, Penal Code.
	SECTION 2.   This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.