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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(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 of another, including residential land, |
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agricultural land, a recreational vehicle park, a building, or an |
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aircraft or other vehicle, [of another] without effective consent |
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[or he enters or remains in a building of another without effective
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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 Subdivisions (8), (9), and (10) to read as follows: |
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(8) "Recognized state" means another state with which |
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the attorney general of this state, with the approval of the |
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governor of this state, negotiated an agreement after determining |
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that the other state: |
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(A) has firearm proficiency requirements for |
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peace officers; and |
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(B) fully recognizes the right of peace officers |
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commissioned in this state to carry weapons in the other state. |
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(9) "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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(10) "Residential land" means real property improved |
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by a dwelling and zoned for or otherwise authorized for |
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single-family or multifamily use. |
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SECTION 3. Sections 30.05(d) and (e), Penal Code, are |
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amended to read as follows: |
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(d) An offense under this section [Subsection (e) is a Class
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C misdemeanor unless it is committed in a habitation or unless the
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actor carries a deadly weapon on or about the actor's person during
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the commission of the offense, in which event it is a Class A
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misdemeanor.
An offense under Subsection (a)] is a Class C [B] |
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misdemeanor, except that the offense is: |
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(1) a Class B misdemeanor if it is shown on the trial |
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of the offense that the defendant has been previously convicted of |
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an offense under this section; and |
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(2) a Class A misdemeanor if: |
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(A) [(1)] the offense is committed: |
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(i) [(A)] in a habitation or a shelter |
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center; |
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(ii) [(B)] on a Superfund site; or |
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(iii) [(C)] on or in a critical |
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infrastructure facility; or |
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(B) [(2)] the person [actor] carries a deadly |
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weapon [on or about his person] during the commission of the |
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offense. |
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(e) It is a defense to prosecution under this section that |
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the actor at the time of the offense was [A person commits an
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offense if without express consent or if without authorization
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provided by any law, whether in writing or other form, the person]: |
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(1) a firefighter or emergency medical services |
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personnel, as defined by Section 773.003, Health and Safety Code, |
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acting in the lawful discharge of an official duty under exigent |
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circumstances [enters or remains on agricultural land of another]; |
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or |
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(2) a person who was: |
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(A) employed by or acting as agent for an entity, |
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including an electric utility, as defined by Section 31.002, |
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Utilities Code, or a gas utility, as defined by Section 101.003 or |
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121.001, Utilities Code, that had, or that the person reasonably |
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believed had, effective consent or authorization provided by law to |
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enter the property; and |
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(B) performing a duty within the scope of that |
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employment or agency [is on the agricultural land and within 100
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feet of the boundary of the land when apprehended; and
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[(3)
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 4. Sections 30.05(c) and (j), Penal Code, are |
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repealed. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 6. This Act takes effect September 1, 2009. |