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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of 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 intentionally, |
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knowingly, or recklessly enters or remains on or in property of |
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another, including residential land, agricultural land, a |
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recreational vehicle park, a building, a general residential |
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operation operating as a residential treatment center, or an |
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aircraft or other vehicle, without effective consent and the |
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person: |
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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)(2), Penal Code, is amended to |
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read as follows: |
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(2) "Notice" means: |
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(A) oral or written communication or other |
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personal notice that is given by the owner or someone with apparent |
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authority to act for the owner and that a reasonable person would |
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understand; |
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(B) fencing or other enclosure [obviously] |
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designed to exclude intruders or to contain livestock and |
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maintained in a condition that would lead a reasonable person to |
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believe that the enclosure was intended to serve that purpose; |
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(C) a sign or signs posted on the property or at |
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the entrance to the building, reasonably likely to come to the |
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attention of intruders, clearly and explicitly indicating that |
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entry is forbidden; |
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(D) the placement of identifying purple paint |
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marks on trees or posts on the property, provided that the marks |
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are: |
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(i) vertical lines of not less than eight |
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inches in length and not less than one inch in width; |
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(ii) placed so that the bottom of the mark |
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is not less than three feet from the ground or more than five feet |
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from the ground; and |
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(iii) placed at locations that are readily |
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visible to any person approaching the property and no more than: |
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(a) 100 feet apart on forest land; or |
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(b) 1,000 feet apart on land other |
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than forest land; or |
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(E) the visible presence on the property of a |
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crop grown for human consumption that is under cultivation, in the |
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process of being harvested, or marketable if harvested at the time |
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of entry. |
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SECTION 3. 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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |