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