|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to a defense to prosecution for and punishment for the |
|
offense of trespass by certain persons carrying handguns. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 30.06, Penal Code, is amended by |
|
amending Subsection (d) and adding Subsection (g) to read as |
|
follows: |
|
(d) An offense under this section is a Class C misdemeanor |
|
punishable by a fine not to exceed $5 [$200], except that the |
|
offense is a Class C [A] misdemeanor punishable by a fine not to |
|
exceed $200 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 promptly. |
|
(g) It is a defense to prosecution under this section that, |
|
after entering the property, the license holder was personally |
|
given the notice by oral communication described by Subsection (b) |
|
and promptly departed from the property. |
|
SECTION 2. Section 30.07, Penal Code, is amended by |
|
amending Subsection (d) and adding Subsection (h) to read as |
|
follows: |
|
(d) An offense under this section is a Class C misdemeanor |
|
punishable by a fine not to exceed $5 [$200], except that the |
|
offense is a Class C [A] misdemeanor punishable by a fine not to |
|
exceed $200 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 promptly. |
|
(h) It is a defense to prosecution under this section that, |
|
after entering the property, the license holder was personally |
|
given the notice by oral communication described by Subsection (b) |
|
and promptly departed from the property. |
|
SECTION 3. The change in law made by this Act applies only |
|
to an offense committed on or after the effective date of this Act. |
|
An offense committed before the effective date of this Act is |
|
governed by the law in effect on the date the offense was committed, |
|
and the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before the |
|
effective date of this Act if any element of the offense occurred |
|
before that date. |
|
SECTION 4. This Act takes effect September 1, 2019. |