By: Hegar S.B. No. 701
(In the Senate-Filed February21,2013; February25,2013,
read first time and referred to Committee on Criminal Justice;
March 25, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; March 25, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 701 By: Schwertner
A BILL TO BE ENTITLED
AN ACT
relating to a defense to prosecution for criminal trespass.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (e), Section 30.05, Penal Code, is
amended to read as follows:
(e) It is a defense to prosecution under this section that
the actor at the time of the offense was:
(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;
(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, Utilities Code, which for the purposes of this subsection
includes a municipally owned utility as defined by that section;
(v) a gas utility, as defined by Section
[or] 121.001, Utilities Code; [or]
(vi) [(v)] a pipeline used for the
transportation or sale of oil, gas, or related products; or
(vii) an electric cooperative or
municipally owned utility, as defined by Section 11.003, Utilities
Code; 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.
SECTION 2. 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
governed by the law in effect on the date 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 occurred
before that date.
SECTION 3. This Act takes effect September 1, 2013.
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