86R5060 AJZ-D
By: Hall S.B. No. 381
A BILL TO BE ENTITLED
AN ACT
relating to a defense to prosecution for and punishment for the
offense of trespass by certain persons carrying handguns.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.06, Penal Code, is amended by
amending Subsection (d) and adding Subsection (g) to read as
follows:
(d) An offense under this section is a Class C misdemeanor
punishable by a fine not to exceed $5 [$200], except that the
offense is a Class C [A] misdemeanor punishable by a fine not to
exceed $200 if it is shown on the trial of the offense that, after
entering the property, the license holder was personally given the
notice by oral communication described by Subsection (b) and
[subsequently] failed to depart promptly.
(g) It is a defense to prosecution under this section that,
after entering the property, the license holder was personally
given the notice by oral communication described by Subsection (b)
and promptly departed from the property.
SECTION 2. Section 30.07, Penal Code, is amended by
amending Subsection (d) and adding Subsection (h) to read as
follows:
(d) An offense under this section is a Class C misdemeanor
punishable by a fine not to exceed $5 [$200], except that the
offense is a Class C [A] misdemeanor punishable by a fine not to
exceed $200 if it is shown on the trial of the offense that, after
entering the property, the license holder was personally given the
notice by oral communication described by Subsection (b) and
[subsequently] failed to depart promptly.
(h) It is a defense to prosecution under this section that,
after entering the property, the license holder was personally
given the notice by oral communication described by Subsection (b)
and promptly departed from the property.
SECTION 3. 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 4. This Act takes effect September 1, 2019.