By: Whitmire S.B. No. 1097
 
 
 
   
 
A BILL TO BE ENTITLED
AN ACT
relating to the penalties for the offense of criminal trespass.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subsection (d), Section 30.05, Penal Code, is
amended 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 C [B] misdemeanor, except
that the offense is:
             (1)  a Class B misdemeanor if it is shown on the trial
of the offense that the defendant has been previously convicted of
an offense under this section; and
             (2)  a Class A misdemeanor if:
                   (A) [(1)]  the offense is committed:
                         (i) [(A)]  in a habitation or a shelter
center;
                         (ii) [(B)]  on a Superfund site; or
                         (iii) [(C)]  on or in a critical
infrastructure facility; or
                   (B) [(2)]  the actor carries a deadly weapon on or
about his person during the commission of the offense.
       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
governed 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 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.