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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of the offense of |
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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(b), Penal Code, is amended by |
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adding Subdivision (8) to read as follows: |
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(8) "Residential land" means real property improved by |
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a dwelling and zoned for or otherwise authorized for single-family |
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or multifamily use. |
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SECTION 2. Section 30.05, Penal Code, is amended by |
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amending Subsections (c) and (d) and adding Subsection (k) to read |
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as follows: |
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(c) It is a defense to prosecution under this section that |
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the actor at the time of the offense was: |
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(1) a fire fighter or emergency medical services |
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personnel, as [that term is] defined by Section 773.003, Health and |
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Safety Code, acting in the lawful discharge of an official duty |
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under exigent circumstances; or |
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(2) an employee of an electric utility, as defined by |
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Section 31.002, Utilities Code, or an employee of a gas utility, as |
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defined by Section 101.003 or 121.001, Utilities Code, who was |
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performing a duty within the scope of employment. |
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(d) An offense under Subsection (e) is a Class C misdemeanor |
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unless it is committed in a habitation or unless the actor carries a |
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deadly weapon on or about the actor's person during the commission |
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of the offense, in which event it is a Class A misdemeanor. An |
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offense under Subsection (k) is a Class C misdemeanor unless it is |
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committed in a building or habitation or unless the actor carries a |
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deadly weapon on or about the actor's person during the commission |
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of the offense, in which event it is a Class A misdemeanor. An |
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offense under Subsection (a) is a Class B misdemeanor, except that |
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the offense is a Class A misdemeanor if: |
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(1) the offense is committed: |
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(A) in a habitation or a shelter center; |
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(B) on a Superfund site; or |
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(C) on or in a critical infrastructure facility; |
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or |
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(2) the actor carries a deadly weapon on or about his |
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person during the commission of the offense. |
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(k) A person commits an offense if without express consent |
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or if without authorization provided by any law, whether in writing |
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or other form, the person: |
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(1) enters or remains on residential land of another; |
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and |
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(2) had notice that the entry was forbidden or |
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received notice to depart but failed to do so. |
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SECTION 3. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For purposes of this section, an offense is committed before |
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the effective date of this Act if any element of the offense occurs |
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before the effective date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |