Texas 2009 - 81st Regular

Texas House Bill HB1087 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1105 GCB-D
2	2	By: Pena H.B. No. 1087
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution and punishment of the offense of
8	8	criminal trespass.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 30.05(a), Penal Code, is amended to read
11	11	as follows:
12	12	(a) A person commits an offense if the person [he] enters or
13	13	remains on or in property of another, including residential land,
14	14	agricultural land, a recreational vehicle park, a building, or an
15	15	aircraft or other vehicle, [of another] without effective consent
16	16	[or he enters or remains in a building of another without effective
17	17	consent] and the person [he]:
18	18	(1) had notice that the entry was forbidden; or
19	19	(2) received notice to depart but failed to do so.
20	20	SECTION 2. Section 30.05(b), Penal Code, is amended by
21	21	adding Subdivisions (8), (9), and (10) to read as follows:
22	22	(8) "Recognized state" means another state with which
23	23	the attorney general of this state, with the approval of the
24	24	governor of this state, negotiated an agreement after determining
25	25	that the other state:
26	26	(A) has firearm proficiency requirements for
27	27	peace officers; and
28	28	(B) fully recognizes the right of peace officers
29	29	commissioned in this state to carry weapons in the other state.
30	30	(9) "Recreational vehicle park" means a tract of land
31	31	that has rental spaces for two or more recreational vehicles, as
32	32	defined by Section 522.004, Transportation Code.
33	33	(10) "Residential land" means real property improved
34	34	by a dwelling and zoned for or otherwise authorized for
35	35	single-family or multifamily use.
36	36	SECTION 3. Sections 30.05(d) and (e), Penal Code, are
37	37	amended to read as follows:
38	38	(d) An offense under this section [Subsection (e) is a Class
39	39	C misdemeanor unless it is committed in a habitation or unless the
40	40	actor carries a deadly weapon on or about the actor's person during
41	41	the commission of the offense, in which event it is a Class A
42	42	misdemeanor. An offense under Subsection (a)] is a Class C [B]
43	43	misdemeanor, except that the offense is:
44	44	(1) a Class B misdemeanor if it is shown on the trial
45	45	of the offense that the defendant has been previously convicted of
46	46	an offense under this section; and
47	47	(2) a Class A misdemeanor if:
48	48	(A) [(1)] the offense is committed:
49	49	(i) [(A)] in a habitation or a shelter
50	50	center;
51	51	(ii) [(B)] on a Superfund site; or
52	52	(iii) [(C)] on or in a critical
53	53	infrastructure facility; or
54	54	(B) [(2)] the person [actor] carries a deadly
55	55	weapon [on or about his person] during the commission of the
56	56	offense.
57	57	(e) It is a defense to prosecution under this section that
58	58	the actor at the time of the offense was [A person commits an
59	59	offense if without express consent or if without authorization
60	60	provided by any law, whether in writing or other form, the person]:
61	61	(1) a firefighter or emergency medical services
62	62	personnel, as defined by Section 773.003, Health and Safety Code,
63	63	acting in the lawful discharge of an official duty under exigent
64	64	circumstances [enters or remains on agricultural land of another];
65	65	or
66	66	(2) a person who was:
67	67	(A) employed by or acting as agent for an entity,
68	68	including an electric utility, as defined by Section 31.002,
69	69	Utilities Code, or a gas utility, as defined by Section 101.003 or
70	70	121.001, Utilities Code, that had, or that the person reasonably
71	71	believed had, effective consent or authorization provided by law to
72	72	enter the property; and
73	73	(B) performing a duty within the scope of that
74	74	employment or agency [is on the agricultural land and within 100
75	75	feet of the boundary of the land when apprehended; and
76	76	[(3) had notice that the entry was forbidden or
77	77	received notice to depart but failed to do so].
78	78	SECTION 4. Sections 30.05(c) and (j), Penal Code, are
79	79	repealed.
80	80	SECTION 5. The change in law made by this Act applies only
81	81	to an offense committed on or after the effective date of this Act.
82	82	An offense committed before the effective date of this Act is
83	83	covered by the law in effect when the offense was committed, and the
84	84	former law is continued in effect for that purpose. For purposes of
85	85	this section, an offense was committed before the effective date of
86	86	this Act if any element of the offense was committed before that
87	87	date.
88	88	SECTION 6. This Act takes effect September 1, 2009.