| 1 | 1 | | 86R5060 AJZ-D |
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| 2 | 2 | | By: Hall S.B. No. 381 |
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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 and punishment for the |
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| 8 | 8 | | offense of trespass by certain persons carrying handguns. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 30.06, Penal Code, is amended by |
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| 11 | 11 | | amending Subsection (d) and adding Subsection (g) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (d) An offense under this section is a Class C misdemeanor |
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| 14 | 14 | | punishable by a fine not to exceed $5 [$200], except that the |
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| 15 | 15 | | offense is a Class C [A] misdemeanor punishable by a fine not to |
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| 16 | 16 | | exceed $200 if it is shown on the trial of the offense that, after |
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| 17 | 17 | | entering the property, the license holder was personally given the |
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| 18 | 18 | | notice by oral communication described by Subsection (b) and |
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| 19 | 19 | | [subsequently] failed to depart promptly. |
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| 20 | 20 | | (g) It is a defense to prosecution under this section that, |
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| 21 | 21 | | after entering the property, the license holder was personally |
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| 22 | 22 | | given the notice by oral communication described by Subsection (b) |
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| 23 | 23 | | and promptly departed from the property. |
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| 24 | 24 | | SECTION 2. Section 30.07, Penal Code, is amended by |
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| 25 | 25 | | amending Subsection (d) and adding Subsection (h) to read as |
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| 26 | 26 | | follows: |
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| 27 | 27 | | (d) An offense under this section is a Class C misdemeanor |
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| 28 | 28 | | punishable by a fine not to exceed $5 [$200], except that the |
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| 29 | 29 | | offense is a Class C [A] misdemeanor punishable by a fine not to |
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| 30 | 30 | | exceed $200 if it is shown on the trial of the offense that, after |
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| 31 | 31 | | entering the property, the license holder was personally given the |
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| 32 | 32 | | notice by oral communication described by Subsection (b) and |
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| 33 | 33 | | [subsequently] failed to depart promptly. |
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| 34 | 34 | | (h) It is a defense to prosecution under this section that, |
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| 35 | 35 | | after entering the property, the license holder was personally |
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| 36 | 36 | | given the notice by oral communication described by Subsection (b) |
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| 37 | 37 | | and promptly departed from the property. |
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| 38 | 38 | | SECTION 3. The change in law made by this Act applies only |
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| 39 | 39 | | to an offense committed on or after the effective date of this Act. |
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| 40 | 40 | | An offense committed before the effective date of this Act is |
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| 41 | 41 | | governed by the law in effect on the date the offense was committed, |
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| 42 | 42 | | and the former law is continued in effect for that purpose. For |
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| 43 | 43 | | purposes of this section, an offense was committed before the |
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| 44 | 44 | | effective date of this Act if any element of the offense occurred |
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| 45 | 45 | | before that date. |
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| 46 | 46 | | SECTION 4. This Act takes effect September 1, 2019. |
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