/AcroForm 3 0 R (b) For purposes of this section, "enter" means to intrude: (2) any physical object connected with the body. 1, eff. 4, eff. 1268), Sec. Section 9605); or. 250 (H.B. Sec. CHAPTER 30. 3167), Sec. (D) the offense is committed on the property of or within a general residential operation operating as a residential treatment center. Sec. 3142), Sec. 518 (S.B. (d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart. BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES. September 1, 2019. 1 530, Sec. (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located on the hotel property, including a vehicle in a parking area provided for hotel guests. Aug. 27, 1979; Acts 1981, 67th Leg., p. 2385, ch. << 1078, Sec. 1649), Sec. 16.002, 21.001(94), eff. Jan. 1, 1974. September 1, 2021. 1927), Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1138, Sec. for non-profit, educational, and government users. Unless you were charged and either paid a fine or got arrested, a trespass charge does not show up on your record. (B) performing a duty within the scope of that employment or agency. September 1, 2007. What constitutes criminal trespass in Texas? Sept. 1, 1987; Acts 1993, 73rd Leg., ch. (a) A license holder commits an offense if the license holder: (1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and. Acts 2007, 80th Leg., R.S., Ch. received notice to depart, but failed to do so. The notice to vacate may be delivered in writing or, more commonly, verbally by the property owner. /Count 1 (4) carries or stores a handgun in the license holder's vehicle located on the hotel property, including a vehicle in a parking area provided for hotel guests. Acts 2021, 87th Leg., R.S., Ch. 1026 (H.B. Acts 2009, 81st Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 20, eff. (1) "Entry" has the meaning assigned by Section 30.05(b). Amended by Acts 1993, 73rd Leg., ch. << 807 (H.B. Sec. (1) "Entry" means the intrusion of the entire body. January 1, 2016. 481 (H.B. 1649 in the 85th Legislature. 1, eff. Acts 2021, 87th Leg., R.S., Ch. 25, eff. 40, eff. (4) "Forest land" means land on which the trees are potentially valuable for timber products. Acts 2021, 87th Leg., R.S., Ch. (e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03. 1, eff. Criminal Trespass on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', SCOTUS to Decide Constitutionality of Consumer Financial Protection Bureau. 1927), Sec. 91 (S.B. /Parent 8 0 R /K false Acts 2013, 83rd Leg., R.S., Ch. 564 (S.B. 121), Sec. Notice against entry can be signs, markings, fencing/barriers, or verbal/written notice. 1, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Under Texas Penal Code 30.05, if a notice to depart the premises is given by the property owner and the person still does not leave, criminal trespass laws may apply. % If you refuse to leave, the ranger may call the police and have you arrested for trespassing. These occur mostly in large undeveloped properties in woodland areas. 1, eff. Get free summaries of new opinions delivered to your inbox! /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] 1, eff. 1, 2, eff. 1, eff. If you are the occupier of the property (eg, the tenant, licensee or owner), you are entitled to give someone a trespass notice or warning to someone who you do not want on the property. Consistently recognized by Super Lawyers, Consistently recognized by D Magazine in Best Lawyers for Criminal Defense. Acts 2019, 86th Leg., R.S., Ch. 11 0 obj September 1, 2021. WebBURGLARY AND CRIMINAL TRESPASS. Acts 2015, 84th Leg., R.S., Ch. WebA. 62, Sec. The warning can also be issued by a police officer, a neighbor, or the owners tenant. (d) Subject to Subsection (d-3), an offense under this section is: (1) a Class B misdemeanor, except as provided by Subdivisions (2) and (3); (2) a Class C misdemeanor, except as provided by Subdivision (3), if the offense is committed: (A) on agricultural land and within 100 feet of the boundary of the land; or, (B) on residential land and within 100 feet of a protected freshwater area; and. 4, eff. (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located on the hotel property, including a vehicle in a parking area provided for hotel guests. 809 (H.B. Sept. 1, 2003. /Fields [] 39 (H.B. /Contents [17 0 R 18 0 R 19 0 R] (A) carries or stores a firearm or firearm ammunition in the actor's hotel room; (B) carries a firearm or firearm ammunition directly en route to or from the hotel or the actor's hotel room; (C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located on the hotel property, including a vehicle in a parking area provided for hotel guests; or. (f-2) It is a defense to prosecution under this section that: (1) the basis on which entry on a leased premises governed by Chapter 92, Property Code, was forbidden is that entry with a firearm or firearm ammunition was forbidden; (2) the actor is a tenant of the leased premises or the tenant's guest; (A) carries or stores a firearm or firearm ammunition in the tenant's rental unit; (B) carries a firearm or firearm ammunition directly en route to or from the tenant's rental unit; (C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or, (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; and. (f-3) It is a defense to prosecution under this section that: (1) the basis on which entry on a leased premises governed by Chapter 94, Property Code, was forbidden is that entry with a firearm or firearm ammunition was forbidden; (2) the actor is a tenant of a manufactured home lot or the tenants guest; (A) carries or stores a firearm or firearm ammunition in the tenants manufactured home; (B) carries a firearm or firearm ammunition directly en route to or from the tenants manufactured home; (C) carries a firearm or firearm ammunition directly en route to or from the actors vehicle located in a parking area provided for tenants or tenants guests by the landlord of the leased premises; or, (D) carries or stores a firearm or firearm ammunition in the actors vehicle located in a parking area provided for tenants or tenants guests by the landlord of the leased premises; and. >> 20, eff. Acts 2005, 79th Leg., Ch. (4) is displayed in a conspicuous manner clearly visible to the public. September 1, 2009. >> Acts 2017, 85th Leg., R.S., Ch. /XObject << Amended by Acts 1999, 76th Leg., ch. Does a criminal trespass warning go on your record in Texas? >> Criminal trespassing comes with penalties that can leave a mark on the defendants life. 910), Sec. /Type /Pages January 1, 2016. Sept. 1, 1999; Acts 1999, 76th Leg., ch. /Resources <<>> /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] /I false Acts 2013, 83rd Leg., R.S., Ch. September 1, 2017. 1, eff. /MediaBox [0 0 612 792] Acts 2007, 80th Leg., R.S., Ch. (2) received notice that entry on the property by a license holder openly carrying a handgun was forbidden. 900, Sec. Eric C. Surette, Burden of proving statutory elements of criminal trespassShowing of trespass on public property, Am. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. %PDF-1.4 (A) carries or stores a handgun in the condominium apartment or unit owner's apartment or unit; (B) carries a handgun directly en route to or from the condominium apartment or unit owner's apartment or unit; (C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for residents or guests of the condominium property; or. /Group << 435), Sec. /S /Transparency [4], However, the states attorneys may seek to enhance the punishment for three different reasons. How Long Is A No Trespass Order Valid For? Acts 2019, 86th Leg., R.S., Ch. << September 1, 2021. (2) received notice that entry on the property by a license holder with a concealed handgun was forbidden. September 1, 2011. Criminal trespass law is enforced by police, sheriffs, or park rangers. 1, 2, eff. (E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry. TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN. (7) "Critical infrastructure facility" means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders: (C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility; (D) a water intake structure, water treatment facility, wastewater treatment plant, or pump station; (E) a natural gas transmission compressor station; (F) a liquid natural gas terminal or storage facility; (G) a telecommunications central switching office; (H) a port, railroad switching yard, trucking terminal, or other freight transportation facility; (I) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; or. Acts 2021, 87th Leg., R.S., Ch. 302, 86th Texas Legislature . Acts 2021, 87th Leg., R.S., Ch. ^1. 91 (S.B. June 18, 2005. The warning may contain any of the following: a citation, a warning, or a fine. (B) is listed on the state registry established under Section 361.181, Health and Safety Code. /Resources << 6, eff. September 1, 2021. Added by Acts 1995, 74th Leg., ch. 1138 (H.B. Acts 2015, 84th Leg., R.S., Ch. received notice to depart, but failed to do so. (2) received notice to depart but failed to do so. /CreationDate (D:20151012223900) Sept. 1, 1994; Acts 1995, 74th Leg., ch. 602 (S.B. /XObject << (a) A person commits an offense if, without the effective consent of the owner, he breaks or enters into any coin-operated machine, coin collection machine, or other coin-operated or coin collection receptacle, contrivance, apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, or other valuable things, or telecommunications with intent to obtain property or services. /Type /Pages 481 (H.B. 1540), Sec. September 1, 2017. Update: The 86th Texas Legislature added an affirmative defense to this offense, effective as of September 1, 2019. September 1, 2021. 302), Sec. (10) "Recreational vehicle park" has the meaning assigned by Section 13.087, Water Code. /Type /Pages << 1927), Sec. It is /e3ac646e-266e-4aa0-a827-56ac7f0283a1 20 0 R Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (6) "Superfund site" means a facility that: (A) is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. (4) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. September 1, 2021. Share Improve this answer Follow answered Feb 9, 2020 at 18:00 user6726 Prior Results Do Not Guarantee a Similar Outcome. 3, eff. 1540), Sec. Original Source: (A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun"; or. 30.01. 1.01, eff. we provide special support /MediaBox [0 0 595 842] 44, eff. 1, eff. 1, eff. /Count 1 WebYou can be charged with Criminal Trespass if a police officers see you entering or staying 518 (S.B. (2) the person entered or remained concealed in that building with intent to commit a theft of a controlled substance. (f) It is a defense to prosecution under this section that: (1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and, (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2021. /Resources << It is important to note that in case of a compromised structure such as a damaged fence or boundaries that are not clearly demarcated, the defense can prove that the trespassing was unintentional. endobj Sept. 1, 2001; Acts 2003, 78th Leg., ch. (f-1) It is a defense to prosecution under this section that: (1) the basis on which entry on the property was forbidden is that entry with a firearm or firearm ammunition was forbidden; (A) an owner of an apartment in a condominium regime governed by Chapter 81, Property Code; (B) an owner of a condominium unit governed by Chapter 82, Property Code; (C) a tenant or guest of an owner described by Paragraph (A) or (B); or. Every state has laws that define trespassing. 2, eff. 3, eff. >> 30.05. 1, eff. /Kids [10 0 R] (4) "Forest land" means land on which the trees are potentially valuable for timber products. << WebA police officer can not make a warrant-less jail arrest for criminal trespass when a endstream 30.06. 1540), Sec. 13 0 obj /Parent 2 0 R Sept. 1, 1997. 1268), Sec. 3, eff. BURGLARY OF VEHICLES. January 1, 2016. 20), Sec. 602 (S.B. WebTrespassing How can I properly post my property? Paul Saputo Receives Silver Client Champion Award from Martindale-Hubbell, 87th Legislative Session: Texas Criminal Law Update, An oral or written communication from the owner.