| 1 | 1 | | By: Schaefer H.B. No. 79 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to civil and criminal trespass while entering this state |
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| 7 | 7 | | from a neighboring jurisdiction without consent of the owner; |
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| 8 | 8 | | creating a criminal offense; creating a civil penalty. |
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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. TRESPASS: CIVIL AND CRIMINAL PENALTIES |
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| 11 | 11 | | SECTION 1.01. Article 17.44, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Subsection (b-1) to read as follows: |
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| 13 | 13 | | (b-1) A magistrate shall require as a condition of release |
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| 14 | 14 | | on bond for a defendant arrested for an offense under Section 30.08, |
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| 15 | 15 | | Penal Code, that the defendant submit to electronic monitoring |
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| 16 | 16 | | unless the magistrate finds that the defendant is not a flight risk. |
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| 17 | 17 | | SECTION 1.02. Chapter 752, Government Code, is amended by |
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| 18 | 18 | | adding Subchapter D to read as follows: |
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| 19 | 19 | | SUBCHAPTER D. ENFORCEMENT BY ATTORNEY GENERAL |
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| 20 | 20 | | Sec. 752.101. CIVIL PENALTY: TRESPASS WHILE ENTERING THIS |
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| 21 | 21 | | STATE. (a) A person who engages in conduct constituting an offense |
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| 22 | 22 | | under Section 30.08, Penal Code, is liable to this state for a civil |
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| 23 | 23 | | penalty in an amount not to exceed $10,000 for each occurrence of |
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| 24 | 24 | | the conduct. |
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| 25 | 25 | | (b) The attorney general may bring an action to collect the |
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| 26 | 26 | | civil penalty and may recover attorney's fees and costs incurred in |
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| 27 | 27 | | bringing the action. |
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| 28 | 28 | | SECTION 1.03. Chapter 30, Penal Code, is amended by adding |
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| 29 | 29 | | Section 30.08 to read as follows: |
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| 30 | 30 | | Sec. 30.08. TRESPASS WHILE ENTERING THIS STATE. (a) A |
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| 31 | 31 | | person commits an offense if the person knowingly enters the |
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| 32 | 32 | | property of another, without the effective consent of the owner, |
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| 33 | 33 | | while knowingly entering this state from any neighboring |
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| 34 | 34 | | jurisdiction, regardless of the person's immigration status. |
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| 35 | 35 | | (b) An offense under this section is a felony of the third |
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| 36 | 36 | | degree. |
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| 37 | 37 | | (c) If conduct that constitutes an offense under this |
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| 38 | 38 | | section also constitutes an offense under another law, the actor |
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| 39 | 39 | | may be prosecuted under this section, the other law, or both. |
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| 40 | 40 | | SECTION 2. SEVERABILITY; EFFECTIVE DATE |
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| 41 | 41 | | SECTION 2.01. (a) If any provision of this Act or its |
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| 42 | 42 | | application to any person or circumstance is held invalid, the |
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| 43 | 43 | | invalidity does not affect other provisions or applications of this |
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| 44 | 44 | | Act that can be given effect without the invalid provision or |
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| 45 | 45 | | application, and to this end the provisions of this Act are declared |
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| 46 | 46 | | to be severable. |
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| 47 | 47 | | (b) Subsection (a) of this section does not affect another |
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| 48 | 48 | | severability provision contained in this Act. |
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| 49 | 49 | | SECTION 2.02. This Act takes effect immediately if it |
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| 50 | 50 | | receives a vote of two-thirds of all the members elected to each |
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| 51 | 51 | | house, as provided by Section 39, Article III, Texas Constitution. |
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| 52 | 52 | | If this Act does not receive the vote necessary for immediate |
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| 53 | 53 | | effect, this Act takes effect on the 91st day after the last day of |
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| 54 | 54 | | the legislative session. |
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