Bill Text: TX HB79 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-10-06 - Filed [HB79 Detail]
Download: Texas-2023-HB79-Introduced.html
| By: Schaefer | H.B. No. 79 | |
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| 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. | ||
