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A BILL TO BE ENTITLED
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AN ACT
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relating to civil and criminal trespass while entering this state |
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from a neighboring jurisdiction without consent of the owner; |
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creating a criminal offense; creating a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. TRESPASS: CIVIL AND CRIMINAL PENALTIES |
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SECTION 1.01. Article 17.44, Code of Criminal Procedure, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) A magistrate shall require as a condition of release |
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on bond for a defendant arrested for an offense under Section 30.08, |
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Penal Code, that the defendant submit to electronic monitoring |
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unless the magistrate finds that the defendant is not a flight risk. |
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SECTION 1.02. Chapter 752, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. ENFORCEMENT BY ATTORNEY GENERAL |
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Sec. 752.101. CIVIL PENALTY: TRESPASS WHILE ENTERING THIS |
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STATE. (a) A person who engages in conduct constituting an offense |
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under Section 30.08, Penal Code, is liable to this state for a civil |
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penalty in an amount not to exceed $10,000 for each occurrence of |
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the conduct. |
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(b) The attorney general may bring an action to collect the |
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civil penalty and may recover attorney's fees and costs incurred in |
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bringing the action. |
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SECTION 1.03. Chapter 30, Penal Code, is amended by adding |
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Section 30.08 to read as follows: |
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Sec. 30.08. TRESPASS WHILE ENTERING THIS STATE. (a) A |
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person commits an offense if the person knowingly enters the |
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property of another, without the effective consent of the owner, |
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while knowingly entering this state from any neighboring |
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jurisdiction, regardless of the person's immigration status. |
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(b) An offense under this section is a felony of the third |
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degree. |
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(c) If conduct that constitutes an offense under this |
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section also constitutes an offense under another law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. SEVERABILITY; EFFECTIVE DATE |
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SECTION 2.01. (a) If any provision of this Act or its |
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application to any person or circumstance is held invalid, the |
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invalidity does not affect other provisions or applications of this |
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Act that can be given effect without the invalid provision or |
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application, and to this end the provisions of this Act are declared |
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to be severable. |
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(b) Subsection (a) of this section does not affect another |
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severability provision contained in this Act. |
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SECTION 2.02. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect on the 91st day after the last day of |
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the legislative session. |