Amend SB 1097 on third reading by adding the following
appropriately numbered SECTIONS to the bill and renumbering the
other SECTIONS of the bill accordingly:
SECTION ____. Section 30.05(b), Penal Code, is amended by
adding Subdivision (8) to read as follows:
(8) "Residential land" means real property improved by
a dwelling and zoned for or otherwise authorized for single-family
or multifamily use.
SECTION ____. Section 30.05, Penal Code, is amended by
amending Subsection (c) and adding Subsections (d-1) and (k) to
read as follows:
(c) It is a defense to prosecution under this section that
the actor at the time of the offense was:
(1) a fire fighter or emergency medical services
personnel, as [that term is] defined by Section 773.003, Health and
Safety Code, acting in the lawful discharge of an official duty
under exigent circumstances;
(2) an employee or agent of an electric utility, as
defined by Section 31.002, Utilities Code, or an employee or agent
of a gas utility, as defined by Section 101.003 or 121.001,
Utilities Code, who was performing a duty within the scope of
employment or agency; or
(3) a person who was:
(A) employed by or acting as agent for an entity
that had, or that the person reasonably believed had, effective
consent or authorization provided by law to enter the property; and
(B) performing a duty within the scope of that
employment or agency.
(d-1) An offense under Subsection (k) 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.
(k) 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.