Texas House Bill HB55

Texas 2023 - 88th 4th C.S.

• Filed: 11/7/23

Caption

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

The implications of HB 55 are significant as it potentially alters existing trespassing laws within Texas by introducing harsher penalties specifically for those coming from neighboring states. This legislation appears to reflect a broader trend in which local governments and states enforce stricter laws to combat illegal activities and protect property rights. By establishing a new criminal offense, the bill aims to deter individuals from engaging in behavior that could be deemed as trespassing when entering from neighboring jurisdictions, which may have previously been treated less severely.

Summary

House Bill 55 aims to address the legal consequences surrounding trespassing when individuals enter the state from a neighboring jurisdiction. The proposed legislation defines a new criminal offense categorized as a third-degree felony for knowingly trespassing on someone else's property while unlawfully entering Texas. Moreover, the bill introduces a civil penalty for engaging in such conduct, which could reach up to $10,000 for each violation. The Attorney General is granted powers to enforce this penalty and recover associated legal costs, signaling a robust approach to combating this issue.

Sentiment

The sentiment around HB 55 is likely to be mixed, as proponents may view it as a necessary measure for enhancing property protection and addressing safety concerns associated with unauthorized entry. Supporters typically emphasize the importance of stronger legal frameworks to deter criminal activity and protect property owners' rights. Conversely, opponents might argue that such legislation could be excessively punitive and raise concerns about effects on civil liberties, particularly regarding individuals who may inadvertently stray onto private property while crossing state lines.

Contention

Notable points of contention surrounding HB 55 may include its potential impact on individuals entering the state, regardless of their immigration status, as the bill specifies that trespassing offenses apply without consideration for this factor. Critics could raise concerns about the fairness and implications of enforcing penalties that might disproportionately affect certain groups. Additionally, discussions may surface around the balance between upholding property rights and ensuring that laws do not infringe upon individuals' rights, leading to debates over the judicial process involved in defining and prosecuting such offenses.

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