87R4980 MCF-F
By: Schofield H.B. No. 2363
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for certain criminal
trespass offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.05(d), Penal Code, is amended to read
as follows:
(d) An offense under this section is:
(1) a Class B misdemeanor, except as provided by
Subdivisions (2) and (3);
(2) a Class C misdemeanor, except as provided by
Subdivision (3), if the offense is committed:
(A) on agricultural land and within 100 feet of
the boundary of the land; or
(B) on residential land and within 100 feet of a
protected freshwater area; and
(3) a Class A misdemeanor if:
(A) the offense is committed:
(i) in a habitation or a shelter center;
(ii) on a Superfund site; or
(iii) on or in a critical infrastructure
facility;
(B) [the offense is committed on or in property
of an institution of higher education and] it is shown on the trial
of the offense that the person has previously been convicted of:
(i) an offense under this section [relating
to entering or remaining on or in property of an institution of
higher education]; or
(ii) an offense under Section 51.204(b)(1),
Education Code, relating to trespassing on the grounds of an
institution of higher education; or
(C) the person carries a deadly weapon during the
commission of the offense.
SECTION 2. The changes in law made by this Act apply 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 was committed before that
date.
SECTION 3. This Act takes effect September 1, 2021.