H.B. No. 2609
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. Subsection (a), Section 30.05, 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. Subsection (b), Section 30.05, Penal Code, is
amended by adding Subdivisions (8), (9), (10), and (11) to read as
follows:
(8) "Protected freshwater area" has the meaning
assigned by Section 90.001, Parks and Wildlife Code.
(9) "Recognized state" means another state with which
the attorney general of this state, with the approval of the
governor of this state, negotiated an agreement after determining
that the other state:
(A) has firearm proficiency requirements for
peace officers; and
(B) fully recognizes the right of peace officers
commissioned in this state to carry weapons in the other state.
(10) "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.
(11) "Residential land" means real property improved
by a dwelling and zoned for or otherwise authorized for
single-family or multifamily use.
SECTION 3. Subsections (d) and (e), Section 30.05, Penal
Code, are amended to read as follows:
(d) An offense under this section [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 (a)] is:
(1) a Class B misdemeanor, except as provided by
Subdivisions (2) and (3);
(2) a Class C misdemeanor, except as provided by
Subdivision (3), if the offense is committed:
(A) on agricultural land and within 100 feet of
the boundary of the land; or
(B) on residential land and within 100 feet of a
protected freshwater area; and
(3) [that the offense is] 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 person [actor] carries a deadly
weapon [on or about his person] during the commission of the
offense.
(e) It is a defense to prosecution under this section that
the actor at the time of the offense was [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) a firefighter or emergency medical services
personnel, as defined by Section 773.003, Health and Safety Code,
acting in the lawful discharge of an official duty under exigent
circumstances [enters or remains on agricultural land of another];
(2) a person who was:
(A) an employee or agent of:
(i) an electric utility, as defined by
Section 31.002, Utilities Code;
(ii) a telecommunications provider, as
defined by Section 51.002, Utilities Code;
(iii) a video service provider or cable
service provider, as defined by Section 66.002, Utilities Code;
(iv) a gas utility, as defined by Section
101.003 or 121.001, Utilities Code; or
(v) a pipeline used for the transportation
or sale of oil, gas, or related products; and
(B) performing a duty within the scope of that
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 [is on the agricultural land and within 100
feet of the boundary of the land when apprehended; and
[(3) had notice that the entry was forbidden or
received notice to depart but failed to do so].
SECTION 4. Subsections (c) and (j), Section 30.05, Penal
Code, are repealed.
SECTION 5. 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 6. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2609 was passed by the House on May
13, 2009, by the following vote: Yeas 140, Nays 1, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2609 on May 29, 2009, by the following vote: Yeas 142, Nays 1,
3 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2609 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor