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By:  Staples                                                      S.B. No. 431
	(In the Senate - Filed February 9, 2005; February 15, 2005, 
read first time and referred to Committee on Transportation and 
Homeland Security; March 14, 2005, reported adversely, with 
favorable Committee Substitute by the following vote:  Yeas 9, Nays 
0; March 14, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 431                                    By:  Staples


A BILL TO BE ENTITLED

AN ACT


relating to the prosecution of the offense of criminal trespass on 
certain property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (b), Section 30.05, Penal Code, is 
amended by adding Subdivision (7) to read as follows:
		(7)  "Critical infrastructure facility" means one of 
the following, if completely enclosed by a fence or other physical 
barrier that is obviously designed to exclude intruders:
			(A)  a chemical manufacturing facility;                               
			(B)  a refinery;                                                      
			(C)  an electrical power generating facility, 
substation, or switching station;
			(D)  a water intake structure or water treatment 
facility;          
			(E)  a natural gas transmission compressor 
station;                 
			(F)  a liquid natural gas terminal or storage 
facility;             
			(G)  a telecommunications central switching 
office; or              
			(H)  a port, railroad switching yard, trucking 
terminal, or other freight transportation facility.
	SECTION 2.  Section 30.05, Penal Code, is amended by 
amending Subsection (d) and by 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 (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                                                 
			(C)  on or in a critical infrastructure facility; 
or                
		(2)  the actor carries a deadly weapon on or about his 
person during the commission of the offense.
	(g)  At the punishment stage of a trial in which the attorney 
representing the state seeks the increase in punishment provided by 
Subsection (d)(1)(C), the defendant may raise the issue as to 
whether the defendant entered or remained on or in a critical 
infrastructure facility as part of a lawful assembly or peaceful 
and orderly petition for the redress of grievances, including an 
assembly or petition addressing a labor dispute between an employer 
and employee.  If the defendant proves the issue in the affirmative 
by a preponderance of the evidence, the increase in punishment 
provided by Subsection (d)(1)(C) does not apply.
	SECTION 3.  The change in law made by this Act applies only 
to an offense committed on or after September 1, 2005.  An offense 
committed before September 1, 2005, is covered 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 September 1, 2005, if any element of the 
offense was committed before that date.
	SECTION 4.  This Act takes effect September 1, 2005.                           



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