Texas House Bill HB79

Texas 2023 - 88th 3rd C.S.

• Filed: 10/6/23

Caption

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.

Impact

The bill's provisions signify a stricter approach to managing property rights and border security, particularly related to unauthorized entry. By establishing penalties and allowing the Attorney General to collect civil penalties of up to $10,000 per occurrence, the bill aims to deter trespassing and hold individuals accountable. However, the implications could also include strain on law enforcement and judicial resources as they navigate the complexities of enforcement across state lines.

Summary

House Bill 79 seeks to address the issue of trespassing by imposing both civil and criminal penalties for individuals entering Texas from neighboring jurisdictions without consent from property owners. It proposes a new definition of trespass for circumstances involving cross-jurisdictional entry while reinforcing property rights within the state. This bill creates a third-degree felony offense for unauthorized entry onto private property from another state, which carries significant legal implications for enforcement and prosecution.

Sentiment

The overall sentiment surrounding HB79 appears to be largely supportive among advocates for stricter property protections and border security. Proponents argue that the legislation is a necessary step to uphold property rights and deter illegal entries that may lead to greater lawlessness or property damage. However, there are concerns from critics who believe that the introduction of new criminal penalties could lead to disproportionate enforcement against certain populations and may not address underlying issues related to cross-jurisdictional movements.

Contention

Some notable points of contention include fears that HB79 may contribute to systemic issues related to profiling and discrimination, particularly against individuals crossing state lines. Moreover, discussions have pointed out ambiguities in the bill's wording that could lead to confusion over enforcement standards. The potential overlap with existing laws raises questions about the efficacy and necessity of introducing yet another layer of criminalization for trespassing, especially in an era that seeks to address comprehensive immigration reform.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 17. Bail
  • Section: New Section

Government Code

• Chapter 752. Immigration
  • Section: New Section

Penal Code

• Chapter 30. Burglary And Criminal Trespass
  • Section: New Section