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A BILL TO BE ENTITLED
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AN ACT
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relating to civil and criminal consequences of trespassing on the |
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property of another while entering this state from a neighboring |
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jurisdiction; creating a criminal offense; providing a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.44, Code of Criminal Procedure, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) A magistrate shall require as a condition of release |
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on bond for a defendant arrested for an offense under Section 30.08, |
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Penal Code, that the defendant submit to electronic monitoring |
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unless the magistrate finds that the defendant is not a flight risk. |
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SECTION 2. Chapter 752, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. ENFORCEMENT BY ATTORNEY GENERAL |
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Sec. 752.101. CIVIL PENALTY: TRESPASS WHILE ENTERING THIS |
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STATE. (a) A person who engages in conduct constituting an offense |
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under Section 30.08, Penal Code, is liable to this state for a civil |
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penalty in an amount not to exceed $10,000 for each occurrence of |
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the conduct. |
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(b) The attorney general may bring an action to collect the |
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civil penalty and may recover attorney's fees and costs incurred in |
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bringing the action. |
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SECTION 3. Chapter 30, Penal Code, is amended by adding |
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Section 30.08 to read as follows: |
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Sec. 30.08. TRESPASS WHILE ENTERING THIS STATE. (a) A |
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person commits an offense if the person knowingly enters the |
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property of another, without the effective consent of the owner, |
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while knowingly entering this state from any neighboring |
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jurisdiction, regardless of the person's immigration status. |
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(b) An offense under this section is a felony of the third |
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degree. |
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(c) If conduct that constitutes an offense under this |
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section also constitutes an offense under another law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 4. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared to be severable. |
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SECTION 5. This Act takes effect on the 91st day after the |
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last day of the legislative session. |