Bill Text: TX SB381 | 2019-2020 | 86th Legislature | Introduced

Texas Senate Bill 381 (Prior Session Legislation)

Introduced

Bill Title: Relating to a defense to prosecution for and punishment for the offense of trespass by certain persons carrying handguns.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-02-14 - Referred to State Affairs [SB381 Detail]

Download: Texas-2019-SB381-Introduced.html

	86R5060 AJZ-D

	By: Hall	S.B. No. 381



	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.