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AN ACT
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relating to the prosecution of the offense of criminal trespass. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 30.05(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person [he] enters or |
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remains on or in property, including a recreational vehicle park or |
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an aircraft or other vehicle, of another without effective consent |
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or the person [he] enters or remains in a building of another |
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without effective consent and the person [he]: |
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(1) had notice that the entry was forbidden; or |
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(2) received notice to depart but failed to do so. |
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SECTION 2. Section 30.05(b), Penal Code, is amended by |
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adding Subdivision (8) to read as follows: |
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(8) "Recreational vehicle park" means a tract of land |
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that has rental spaces for two or more recreational vehicles, as |
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defined by Section 522.004, Transportation Code. |
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SECTION 3. Chapter 30, Penal Code, is amended by adding |
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Section 30.07 to read as follows: |
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Sec. 30.07. TRESPASS ON DOCKING PLACE. (a) In this |
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section: |
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(1) "Docking place" includes a pier, wharf, dock, |
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slip, slipway, or any other man-made landing area for ships, boats, |
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or other watercraft. |
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(2) "Enter" means to intrude: |
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(A) any part of the body; or |
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(B) any physical object connected with the body. |
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(3) "Notice" means: |
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(A) oral or written communication by the owner or |
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someone with apparent authority to act for the owner; |
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(B) fencing or other enclosure obviously |
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designed to exclude intruders from the docking place; or |
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(C) a sign or signs posted on a docking place or |
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at the entrance to a docking place, reasonably likely to come to the |
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attention of intruders, indicating that entry is forbidden. |
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(b) A person commits an offense if the person: |
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(1) enters the docking place of another without the |
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effective consent of the owner or lessee of the docking place; and |
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(2) after receiving notice that entry is forbidden, |
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remains in, on, or attached to the docking place. |
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(c) A person commits an offense if the person, after |
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receiving notice that entering a docking place is forbidden, |
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anchors, ties up, moors, or otherwise makes stationary the actor's |
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ship, boat, or other watercraft at a place or in a manner that |
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eliminates another's ingress or egress from the docking place. |
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(d) An offense under this section is a Class B misdemeanor. |
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(e) The defense provided by Section 30.05(c) applies to an |
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offense under this section. |
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SECTION 4. The change in law made by this Act applies only to |
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an offense committed on or after the effective date of this Act. |
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For purposes of this section, an offense is committed before the |
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effective date of this Act if any element of the offense occurs |
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before the effective date. An offense committed before the |
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effective date of this Act is governed by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1092 was passed by the House on March |
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15, 2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1092 on May 23, 2007, by the following vote: Yeas 138, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1092 was passed by the Senate, with |
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amendments, on May 18, 2007, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |