Bill Summary – FastDemocracy

   
      88(3) HB 104 - Introduced version - Bill Text
      
            88S30426 MZM-D
         
		By:  Vasut
            H.B.  No.  104
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            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.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    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  2.    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  3.    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  4.    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.
         
                          SECTION  5.    This Act takes effect on the 91st day after the 
         
            last day of the legislative session.
         
Statutes affected: 
Introduced:  ()



	A BILL TO BE ENTITLED
	AN ACT
	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.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. 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 2. 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 3. 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 4. 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.
	SECTION 5. This Act takes effect on the 91st day after the
	last day of the legislative session.