|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the prosecution and punishment of the offense of |
|
criminal trespass. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subsection (a), Section 30.05, Penal Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person [he] enters or |
|
remains on or in property of another, including residential land, |
|
agricultural land, a recreational vehicle park, a building, or an |
|
aircraft or other vehicle, [of another] without effective consent |
|
[or he enters or remains in a building of another without effective
|
|
consent] and the person [he]: |
|
(1) had notice that the entry was forbidden; or |
|
(2) received notice to depart but failed to do so. |
|
SECTION 2. Subsection (b), Section 30.05, Penal Code, is |
|
amended by adding Subdivisions (8), (9), (10), and (11) to read as |
|
follows: |
|
(8) "Protected freshwater area" has the meaning |
|
assigned by Section 90.001, Parks and Wildlife Code. |
|
(9) "Recognized state" means another state with which |
|
the attorney general of this state, with the approval of the |
|
governor of this state, negotiated an agreement after determining |
|
that the other state: |
|
(A) has firearm proficiency requirements for |
|
peace officers; and |
|
(B) fully recognizes the right of peace officers |
|
commissioned in this state to carry weapons in the other state. |
|
(10) "Recreational vehicle park" means a tract of land |
|
that has rental spaces for two or more recreational vehicles, as |
|
defined by Section 522.004, Transportation Code. |
|
(11) "Residential land" means real property improved |
|
by a dwelling and zoned for or otherwise authorized for |
|
single-family or multifamily use. |
|
SECTION 3. Subsections (d) and (e), Sections 30.05, Penal |
|
Code, are amended to read as follows: |
|
(d) An offense under this section [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: |
|
(1) a Class B misdemeanor, except as provided by |
|
Subdivisions (2) and (3); |
|
(2) a Class C misdemeanor, except as provided by |
|
Subdivision (3), if the offense is committed: |
|
(A) on agricultural land and within 100 feet of |
|
the boundary of the land; or |
|
(B) on residential land and within 100 feet of a |
|
protected freshwater area; and |
|
(3) [that the offense is] 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 person [actor] carries a deadly |
|
weapon [on or about his person] during the commission of the |
|
offense. |
|
(e) It is a defense to prosecution under this section that |
|
the actor at the time of the offense was [A person commits an
|
|
offense if without express consent or if without authorization
|
|
provided by any law, whether in writing or other form, the person]: |
|
(1) a firefighter or emergency medical services |
|
personnel, as defined by Section 773.003, Health and Safety Code, |
|
acting in the lawful discharge of an official duty under exigent |
|
circumstances [enters or remains on agricultural land of another]; |
|
(2) a person who was: |
|
(A) an employee or agent of: |
|
(i) an electric utility, as defined by |
|
Section 31.002, Utilities Code; |
|
(ii) a telecommunications provider, as |
|
defined by Section 51.002, Utilities Code; |
|
(iii) a video service provider or cable |
|
service provider, as defined by Section 66.002, Utilities Code; |
|
(iv) a gas utility, as defined by Section |
|
101.003 or 121.001, Utilities Code; or |
|
(v) a pipeline used for the transportation |
|
or sale of oil, gas, or related products; and |
|
(B) performing a duty within the scope of that |
|
employment or agency; or |
|
(3) a person who was: |
|
(A) employed by or acting as agent for an entity |
|
that had, or that the person reasonably believed had, effective |
|
consent or authorization provided by law to enter the property; and |
|
(B) performing a duty within the scope of that |
|
employment or agency [is on the agricultural land and within 100
|
|
feet of the boundary of the land when apprehended; and
|
|
[(3)
had notice that the entry was forbidden or
|
|
received notice to depart but failed to do so]. |
|
SECTION 4. Subsections (c) and (j), Section 30.05, Penal |
|
Code, are repealed. |
|
SECTION 5. 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 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 6. This Act takes effect September 1, 2009. |