| 1 | 1 | | By: Hegar S.B. No. 701 |
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| 2 | 2 | | (Herrero) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a defense to prosecution for criminal trespass. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subsection (e), Section 30.05, Penal Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (e) It is a defense to prosecution under this section that |
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| 12 | 12 | | the actor at the time of the offense was: |
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| 13 | 13 | | (1) a firefighter or emergency medical services |
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| 14 | 14 | | personnel, as defined by Section 773.003, Health and Safety Code, |
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| 15 | 15 | | acting in the lawful discharge of an official duty under exigent |
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| 16 | 16 | | circumstances; |
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| 17 | 17 | | (2) a person who was: |
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| 18 | 18 | | (A) an employee or agent of: |
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| 19 | 19 | | (i) an electric utility, as defined by |
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| 20 | 20 | | Section 31.002, Utilities Code; |
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| 21 | 21 | | (ii) a telecommunications provider, as |
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| 22 | 22 | | defined by Section 51.002, Utilities Code; |
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| 23 | 23 | | (iii) a video service provider or cable |
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| 24 | 24 | | service provider, as defined by Section 66.002, Utilities Code; |
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| 25 | 25 | | (iv) a gas utility, as defined by Section |
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| 26 | 26 | | 101.003, Utilities Code, which for the purposes of this subsection |
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| 27 | 27 | | includes a municipally owned utility as defined by that section; |
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| 28 | 28 | | (v) a gas utility, as defined by Section |
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| 29 | 29 | | [or] 121.001, Utilities Code; [or] |
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| 30 | 30 | | (vi) [(v)] a pipeline used for the |
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| 31 | 31 | | transportation or sale of oil, gas, or related products; or |
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| 32 | 32 | | (vii) an electric cooperative or |
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| 33 | 33 | | municipally owned utility, as defined by Section 11.003, Utilities |
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| 34 | 34 | | Code; and |
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| 35 | 35 | | (B) performing a duty within the scope of that |
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| 36 | 36 | | employment or agency; or |
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| 37 | 37 | | (3) a person who was: |
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| 38 | 38 | | (A) employed by or acting as agent for an entity |
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| 39 | 39 | | that had, or that the person reasonably believed had, effective |
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| 40 | 40 | | consent or authorization provided by law to enter the property; and |
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| 41 | 41 | | (B) performing a duty within the scope of that |
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| 42 | 42 | | employment or agency. |
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| 43 | 43 | | SECTION 2. The change in law made by this Act applies only |
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| 44 | 44 | | to an offense committed on or after the effective date of this Act. |
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| 45 | 45 | | An offense committed before the effective date of this Act is |
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| 46 | 46 | | governed by the law in effect on the date the offense was committed, |
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| 47 | 47 | | and the former law is continued in effect for that purpose. For |
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| 48 | 48 | | purposes of this section, an offense was committed before the |
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| 49 | 49 | | effective date of this Act if any element of the offense occurred |
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| 50 | 50 | | before that date. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2013. |
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