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. |