Texas 2009 - 81st Regular

Texas House Bill HB2609 Compare Versions

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1	1	H.B. No. 2609
2	2
3	3
4	4	AN ACT
5	5	relating to the prosecution and punishment of the offense of
6	6	criminal trespass.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subsection (a), Section 30.05, Penal Code, is
9	9	amended to read as follows:
10	10	(a) A person commits an offense if the person [he] enters or
11	11	remains on or in property of another, including residential land,
12	12	agricultural land, a recreational vehicle park, a building, or an
13	13	aircraft or other vehicle, [of another] without effective consent
14	14	[or he enters or remains in a building of another without effective
15	15	consent] and the person [he]:
16	16	(1) had notice that the entry was forbidden; or
17	17	(2) received notice to depart but failed to do so.
18	18	SECTION 2. Subsection (b), Section 30.05, Penal Code, is
19	19	amended by adding Subdivisions (8), (9), (10), and (11) to read as
20	20	follows:
21	21	(8) "Protected freshwater area" has the meaning
22	22	assigned by Section 90.001, Parks and Wildlife Code.
23	23	(9) "Recognized state" means another state with which
24	24	the attorney general of this state, with the approval of the
25	25	governor of this state, negotiated an agreement after determining
26	26	that the other state:
27	27	(A) has firearm proficiency requirements for
28	28	peace officers; and
29	29	(B) fully recognizes the right of peace officers
30	30	commissioned in this state to carry weapons in the other state.
31	31	(10) "Recreational vehicle park" means a tract of land
32	32	that has rental spaces for two or more recreational vehicles, as
33	33	defined by Section 522.004, Transportation Code.
34	34	(11) "Residential land" means real property improved
35	35	by a dwelling and zoned for or otherwise authorized for
36	36	single-family or multifamily use.
37	37	SECTION 3. Subsections (d) and (e), Section 30.05, Penal
38	38	Code, are amended to read as follows:
39	39	(d) An offense under this section [Subsection (e) is a Class
40	40	C misdemeanor unless it is committed in a habitation or unless the
41	41	actor carries a deadly weapon on or about the actor's person during
42	42	the commission of the offense, in which event it is a Class A
43	43	misdemeanor. An offense under Subsection (a)] is:
44	44	(1) a Class B misdemeanor, except as provided by
45	45	Subdivisions (2) and (3);
46	46	(2) a Class C misdemeanor, except as provided by
47	47	Subdivision (3), if the offense is committed:
48	48	(A) on agricultural land and within 100 feet of
49	49	the boundary of the land; or
50	50	(B) on residential land and within 100 feet of a
51	51	protected freshwater area; and
52	52	(3) [that the offense is] a Class A misdemeanor if:
53	53	(A) [(1)] the offense is committed:
54	54	(i) [(A)] in a habitation or a shelter
55	55	center;
56	56	(ii) [(B)] on a Superfund site; or
57	57	(iii) [(C)] on or in a critical
58	58	infrastructure facility; or
59	59	(B) [(2)] the person [actor] carries a deadly
60	60	weapon [on or about his person] during the commission of the
61	61	offense.
62	62	(e) It is a defense to prosecution under this section that
63	63	the actor at the time of the offense was [A person commits an
64	64	offense if without express consent or if without authorization
65	65	provided by any law, whether in writing or other form, the person]:
66	66	(1) a firefighter or emergency medical services
67	67	personnel, as defined by Section 773.003, Health and Safety Code,
68	68	acting in the lawful discharge of an official duty under exigent
69	69	circumstances [enters or remains on agricultural land of another];
70	70	(2) a person who was:
71	71	(A) an employee or agent of:
72	72	(i) an electric utility, as defined by
73	73	Section 31.002, Utilities Code;
74	74	(ii) a telecommunications provider, as
75	75	defined by Section 51.002, Utilities Code;
76	76	(iii) a video service provider or cable
77	77	service provider, as defined by Section 66.002, Utilities Code;
78	78	(iv) a gas utility, as defined by Section
79	79	101.003 or 121.001, Utilities Code; or
80	80	(v) a pipeline used for the transportation
81	81	or sale of oil, gas, or related products; and
82	82	(B) performing a duty within the scope of that
83	83	employment or agency; or
84	84	(3) a person who was:
85	85	(A) employed by or acting as agent for an entity
86	86	that had, or that the person reasonably believed had, effective
87	87	consent or authorization provided by law to enter the property; and
88	88	(B) performing a duty within the scope of that
89	89	employment or agency [is on the agricultural land and within 100
90	90	feet of the boundary of the land when apprehended; and
91	91	[(3) had notice that the entry was forbidden or
92	92	received notice to depart but failed to do so].
93	93	SECTION 4. Subsections (c) and (j), Section 30.05, Penal
94	94	Code, are repealed.
95	95	SECTION 5. The change in law made by this Act applies only
96	96	to an offense committed on or after the effective date of this Act.
97	97	An offense committed before the effective date of this Act is
98	98	covered by the law in effect when the offense was committed, and the
99	99	former law is continued in effect for that purpose. For purposes of
100	100	this section, an offense was committed before the effective date of
101	101	this Act if any element of the offense was committed before that
102	102	date.
103	103	SECTION 6. This Act takes effect September 1, 2009.
104	104	______________________________ ______________________________
105	105	President of the Senate Speaker of the House
106	106	I certify that H.B. No. 2609 was passed by the House on May
107	107	13, 2009, by the following vote: Yeas 140, Nays 1, 2 present, not
108	108	voting; and that the House concurred in Senate amendments to H.B.
109	109	No. 2609 on May 29, 2009, by the following vote: Yeas 142, Nays 1,
110	110	3 present, not voting.
111	111	______________________________
112	112	Chief Clerk of the House
113	113	I certify that H.B. No. 2609 was passed by the Senate, with
114	114	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
115	115	0.
116	116	______________________________
117	117	Secretary of the Senate
118	118	APPROVED: __________________
119	119	Date
120	120	__________________
121	121	Governor