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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. Subsection (a), Section 30.05, Penal Code, is |
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amended to read 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. Subsection (b), Section 30.05, Penal Code, is |
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amended by adding Subdivisions (8), (9), (10), and (11) to read as |
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follows: |
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(8) "Protected freshwater area" has the meaning |
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assigned by Section 90.001, Parks and Wildlife Code. |
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(9) "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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(10) "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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(11) "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. Subsections (d) and (e), Sections 30.05, Penal |
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Code, are 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: |
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(1) a Class B misdemeanor, except as provided by |
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Subdivisions (2) and (3); |
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(2) a Class C misdemeanor, except as provided by |
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Subdivision (3), if the offense is committed: |
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(A) on agricultural land and within 100 feet of |
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the boundary of the land; or |
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(B) on residential land and within 100 feet of a |
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protected freshwater area; and |
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(3) [that the offense is] 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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(2) a person who was: |
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(A) an employee or agent of: |
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(i) an electric utility, as defined by |
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Section 31.002, Utilities Code; |
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(ii) a telecommunications provider, as |
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defined by Section 51.002, Utilities Code; |
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(iii) a video service provider or cable |
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service provider, as defined by Section 66.002, Utilities Code; |
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(iv) a gas utility, as defined by Section |
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101.003 or 121.001, Utilities Code; or |
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(v) a pipeline used for the transportation |
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or sale of oil, gas, or related products; and |
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(B) performing a duty within the scope of that |
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employment or agency; or |
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(3) a person who was: |
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(A) employed by or acting as agent for an entity |
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that had, or that the person reasonably believed had, effective |
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consent or authorization provided by law to 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. Subsections (c) and (j), Section 30.05, Penal |
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Code, are 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. |
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* * * * * |