81R20789 GCB-F
By: Miller of Comal H.B. No. 2609
Substitute the following for H.B. No. 2609:
By: Fletcher C.S.H.B. No. 2609
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. Section 30.05(a), 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. Section 30.05(b), Penal Code, is amended by
adding Subdivisions (8) and (9) to read as follows:
(8) "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.
(9) "Residential land" means real property improved by
a dwelling and zoned for or otherwise authorized for single-family
or multifamily use.
SECTION 3. Section 30.05, Penal Code, is amended by
amending Subsections (c) and (d) and adding Subsection (k) to read
as follows:
(c) It is a defense to prosecution under this section that
the actor at the time of the offense was:
(1) a fire fighter or emergency medical services
personnel, as [that term is] defined by Section 773.003, Health and
Safety Code, acting in the lawful discharge of an official duty
under exigent circumstances;
(2) an employee or agent of an electric utility, as
defined by Section 31.002, Utilities Code, or an employee or agent
of a gas utility, as defined by Section 101.003 or 121.001,
Utilities Code, who was performing a duty within the scope of
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.
(d) An offense under 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 (k) is a Class C misdemeanor unless it is
committed in a building or 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 a Class C [B] misdemeanor, except
that the offense is:
(1) a Class B misdemeanor if it is shown on the trial
of the offense that the defendant has been previously convicted of
an offense under this section; and
(2) 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 actor carries a deadly weapon on or
about his person during the commission of the offense.
(k) 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) enters or remains on residential land of another;
and
(2) had notice that the entry was forbidden or
received notice to depart but failed to do so.
SECTION 4. 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 5. This Act takes effect September 1, 2009.