79R2001 RMB-D

By:  Casteel                                                      H.B. No. 489



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment of the offense of 
criminal trespass.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 30.05(b), Penal Code, is amended by 
adding Subdivision (7) to read as follows:
		(7)  "Residential land" means real property improved by 
a dwelling and zoned for or otherwise authorized for single-family 
or multi-family use.
	SECTION 2.  Section 30.05, Penal Code, is amended by 
amending Subsection (d) and adding Subsection (g) to read as 
follows:
	(d)  An offense under Subsection (e) is a Class C misdemeanor 
unless it is committed in a habitation or unless the actor carries a 
deadly weapon on or about the actor's person during the commission 
of the offense, in which event it is a Class A misdemeanor.  An 
offense under Subsection (g) is a Class C misdemeanor unless it is 
committed in a building or habitation or unless the actor carries a 
deadly weapon on or about the actor's person during the commission 
of the offense, in which event it is a Class A misdemeanor.  An 
offense under Subsection (a) is a Class B misdemeanor, except that 
the offense is a Class A misdemeanor if:
		(1)  the offense is committed:                                                
			(A)  in a habitation or a shelter center; or                                 
			(B)  on a Superfund site; or                                                 
		(2)  the actor carries a deadly weapon on or about his 
person during the commission of the offense.
	(g)  A person commits an offense if without express consent 
or if without authorization provided by any law, whether in writing 
or other form, the person:
		(1)  enters or remains on residential land of another; 
and           
		(2)  had notice that the entry was forbidden or 
received notice to depart but failed to do so.
	SECTION 3.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before the effective date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 4.  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, 2005.