By:  Menendez                                                     H.B. No. 1075



A BILL TO BE ENTITLED

AN ACT

relating to the application of the offense of criminal trespass to 
certain law enforcement officers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 30.05, Penal Code, is amended by adding 
Subsections (g) and (h) to read as follows:
	(g)  This section does not apply if:                                    
		(1)  the basis on which entry on the property or land or 
in the building was forbidden is that entry with a handgun or other 
weapon was forbidden; and
		(2)  the actor at the time of the offense was a peace 
officer, including a commissioned peace officer of a recognized 
state, or a special investigator under Article 2.122, Code of 
Criminal Procedure, regardless of whether the peace officer or 
special investigator was engaged in the actual discharge of an 
official duty while carrying the weapon.
	(h)  For purposes of Subsection (g), "recognized state" has 
the meaning assigned by Section 46.15.
	SECTION 2.  The change in law made by this Act applies only 
to  an offense committed on or after the effective date of this Act.  
An offense committed before the effective date of this Act is 
governed by the law in effect when the offense was committed, and 
the former law is continued in effect for that purpose.  For 
purposes of this section, an offense was committed before the 
effective date of this Act if any element of the offense was 
committed before that date.
	SECTION 3.  This Act takes effect September 1, 2005.