Texas Senate Bill SB701

Texas 2013 - 83rd Regular

Caption

Relating to a defense to prosecution for criminal trespass.

Impact

By passing SB701, the bill reaffirms the rights of emergency responders and utility workers to carry out their duties even when it involves entering private property. This change is expected to facilitate quicker responses in emergencies, where the time needed to obtain permission could otherwise hinder life-saving actions. Moreover, the bill establishes a legal framework under which these personnel can operate without fear of legal repercussions, thus potentially increasing overall public safety and trust in these services.

Summary

SB701 proposes an amendment to Section 30.05 of the Penal Code of Texas, explicitly providing defenses against prosecution for criminal trespass under specified conditions. The bill delineates that individuals such as firefighters, emergency medical services personnel, and employees or agents of certain utility providers may not be prosecuted if they are acting within the scope of their official duties during exigent circumstances. This aims to clarify situations where these professionals may need to access private property without prior permission in order to respond to emergencies effectively.

Contention

Notably, discussions around this bill may have raised concerns regarding property rights and the implications of allowing entry into private properties without consent. Some stakeholders might argue that while the intent is to protect public safety, it could lead to potential abuse or misunderstandings about the limits of this defense. Striking a balance between ensuring rapid emergency responses and protecting individual property rights poses a critical area of contention as this bill advances through legislative procedures.