By: Schaefer H.B. No. 79
A BILL TO BE ENTITLED
AN ACT
relating to civil and criminal trespass while entering this state
from a neighboring jurisdiction without consent of the owner;
creating a criminal offense; creating a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. TRESPASS: CIVIL AND CRIMINAL PENALTIES
SECTION 1.01. Article 17.44, Code of Criminal Procedure, is
amended by adding Subsection (b-1) to read as follows:
(b-1) A magistrate shall require as a condition of release
on bond for a defendant arrested for an offense under Section 30.08,
Penal Code, that the defendant submit to electronic monitoring
unless the magistrate finds that the defendant is not a flight risk.
SECTION 1.02. Chapter 752, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. ENFORCEMENT BY ATTORNEY GENERAL
Sec. 752.101. CIVIL PENALTY: TRESPASS WHILE ENTERING THIS
STATE. (a) A person who engages in conduct constituting an offense
under Section 30.08, Penal Code, is liable to this state for a civil
penalty in an amount not to exceed $10,000 for each occurrence of
the conduct.
(b) The attorney general may bring an action to collect the
civil penalty and may recover attorney's fees and costs incurred in
bringing the action.
SECTION 1.03. Chapter 30, Penal Code, is amended by adding
Section 30.08 to read as follows:
Sec. 30.08. TRESPASS WHILE ENTERING THIS STATE. (a) A
person commits an offense if the person knowingly enters the
property of another, without the effective consent of the owner,
while knowingly entering this state from any neighboring
jurisdiction, regardless of the person's immigration status.
(b) An offense under this section is a felony of the third
degree.
(c) If conduct that constitutes an offense under this
section also constitutes an offense under another law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 2. SEVERABILITY; EFFECTIVE DATE
SECTION 2.01. (a) If any provision of this Act or its
application to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of this
Act that can be given effect without the invalid provision or
application, and to this end the provisions of this Act are declared
to be severable.
(b) Subsection (a) of this section does not affect another
severability provision contained in this Act.
SECTION 2.02. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect on the 91st day after the last day of
the legislative session.