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  80R3724 KCR-D
 
  By: Hughes H.B. No. 3134
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of the offense of criminal trespass
in certain situations involving hunting.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 30.05, Penal Code, is amended by adding
Subsection (k) to read as follows:
       (k)  It is a defense to prosecution under this section that
the actor entered the property of another, including forest land or
agricultural land, to retrieve a dog used by the actor for hunting
that strayed onto the property if:
             (1)  immediately preceding the actor's entry on the
property, the actor was using the dog to hunt on land contiguous to
the property;
             (2)  the actor did not carry a firearm or any other
deadly weapon on the property; and
             (3)  the actor immediately returned to the land on
which the actor was hunting after retrieving the dog.
       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
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For the
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, 2007.