Relating to civil and criminal consequences of trespassing on the property of another while entering this state from a neighboring jurisdiction; creating a criminal offense; providing a civil penalty.
Impact
If passed, HB104 would amend the Texas Penal Code to classify the act of knowingly entering another's property, without consent, while coming from another state, as a third-degree felony. Additionally, it imposes a civil penalty not exceeding $10,000 per violation, collectable by the state's attorney general. This legislation could shift local jurisdiction's handling of trespassing cases significantly, establishing a consistent state-wide approach to similar offenses.
Summary
House Bill 104 (HB104) seeks to establish civil and criminal liabilities for individuals who trespass on private property while entering Texas from neighboring jurisdictions. It introduces a new criminal offense for such conduct and mandates specific legal consequences, including possible electronic monitoring as a condition of bond release for offenders. The bill is viewed as a response to concerns regarding property rights and state border integrity, especially in light of increasing cross-border movement.
Sentiment
Reactions to HB104 appear to be mixed among lawmakers and interest groups. Supporters advocate for stricter penalties to deter trespassing that may exploit property rights, arguing it enhances protection for property owners. In contrast, opponents raise concerns about the potential for overreach and discrimination, especially with regard to its implications for individuals based on their immigration status. The inclusion of civil penalties adds another layer of contention, with some arguing it could burden the legal system without effectively addressing the root issues.
Contention
Notably, the bill's proposed penalties have sparked debate regarding their fairness and efficacy. Critics worry that the criminalization of what may sometimes be benign actions could lead to disproportionate punishments for individuals unaware they have crossed a legal boundary. Furthermore, concerns have been noted about how this legislation might be implemented in regards to immigrants, raising questions of equity and justice within the framework of property laws in Texas.
Relating to measures to ensure the safety and welfare of the southern border region of this state, including protection from ongoing criminal activity and public health threats; creating a criminal offense; creating a civil penalty.
Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.