By: Wentworth  S.B. No. 1391
         (In the Senate - Filed March 5, 2009; March 17, 2009, read
  first time and referred to Committee on Criminal Justice;
  April 22, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; April 22, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1391 By:  Hegar
 
 
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.
 
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