Title

Penal, Chapter 30 - Burglary And Criminal Trespass

Text

CHAPTER 30 - BURGLARY AND CRIMINAL TRESPASS

Sec.

30.01. Definitions.

30.02. Burglary.

30.03. Burglary of coin-operated or coin collection

machines.

30.04. Burglary of vehicles.

30.05. Criminal trespass.

30.06. Trespass by holder of license to carry concealed

handgun.

Section 30.01. Definitions.

In this chapter:

(1) "Habitation" means a structure or vehicle that is

adapted for the overnight accommodation of persons, and

includes:

(A) each separately secured or occupied portion of the

structure or vehicle; and

(B) each structure appurtenant to or connected with the

structure or vehicle.

(2) "Building" means any enclosed structure intended for

use or occupation as a habitation or for some purpose of

trade, manufacture, ornament, or use.

(3) "Vehicle" includes any device in, on, or by which

any person or property is or may be propelled, moved, or

drawn in the normal course of commerce or transportation,

except such devices as are classified as "habitation."

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 30.02. Burglary.

(a) A person commits an offense if, without the

effective consent of the owner, he:

(1) enters a habitation, or a building (or any portion

of a building) not then open to the public, with intent to

commit a felony or theft; or

(2) remains concealed, with intent to commit a felony or

theft, in a building or habitation; or

(3) enters a building or habitation and commits or

attempts to commit a felony or theft.

(b) For purposes of this section, "enter" means to

intrude:

(1) any part of the body; or

(2) any physical object connected with the body.

(c) Except as provided in Subsection (d), an offense

under this section is a:

(1) state jail felony if committed in a building other

than a habitation; or

(2) felony of the second degree if committed in a

habitation.

(d) An offense under this section is a felony of the

first degree if:

(1) the premises are a habitation; and

(2) any party to the offense entered the habitation with

intent to commit a felony other than felony theft or

committed or attempted to commit a felony other than felony

theft.

(Chgd. by L.1993, chap. 900(1.01); L.1995, chap. 318(8),

eff. 9/1/95.)

Section 30.03. Burglary of coin-operated or coin

collection machines.

(a) A person commits an offense if, without the

effective consent of the owner, he breaks or enters into

any coin-operated machine, coin collection machine, or

other coin-operated or coin collection receptacle,

contrivance, apparatus, or equipment used for the purpose

of providing lawful amusement, sales of goods, services, or

other valuable things, or telecommunications with intent to

obtain property, or services.

(b) For purposes of this section, "entry" includes every

kind of entry except one made with the effective consent of

the owner.

(c) An offense under this section is a Class A

misdemeanor.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 30.04. Burglary of vehicles.

(a) A person commits an offense if, without the

effective consent of the owner, he breaks into or enters a

vehicle or any part of a vehicle with intent to commit any

felony or theft.

(b) For purposes of this section, "enter" means to

intrude:

(1) any part of the body; or

(2) any physical object connected with the body.

(c) An offense under this section is a Class A

misdemeanor.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 30.05. Criminal trespass.

(a) A person commits an offense if he enters or remains

on property or in a building of another without effective

consent and he:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

(b) For purposes of this section:

(1) "Entry" means the intrusion of the entire body.

(2) "Notice" means:

(A) oral or written communication by the owner or

someone with apparent authority to act for the owner;

(B) fencing or other enclosure obviously designed to

exclude intruders or to contain livestock;

(C) a sign or signs posted on the property or at the

entrance to the building, reasonably likely to come to the

attention of intruders, indicating that entry is forbidden;

(D) the placement of identifying purple paint marks on

trees or posts on the property, provided that the marks

are:

(i) vertical lines of not less than eight inches in

length and not less than one inch in width;

(ii) placed so that the bottom of the mark is not less

than three feet from the ground or more than five feet from

the ground; and

(iii) placed at locations that are readily visible to

any person approaching the property and no more than:

(a) 100 feet apart on forest land; or

(b) 1,000 feet apart on land other than forest land; or

(E) the visible presence on the property of a crop grown

for human consumption that is under cultivation, in the

process of being harvested, or marketable if harvested at

the time of entry.

(3) "Shelter center" has the meaning assigned by Section

51.002(1), Human Resources Code.

(4) "Forest land" means land on which the trees are

potentially valuable for timber products.

(c) It is a defense to prosecution under this section

that the actor at the time of the offense was a fire

fighter or emergency medical services personnel, as that

term is defined by Section 773.003, Health and Safety Code,

acting in the lawful discharge of an official duty under

exigent circumstances.

(d) An offense under this section is a Class B

misdemeanor unless it is committed in a habitation or a

shelter center or unless the actor carries a deadly weapon

on or about his person during the commission of the

offense, in which event it is a Class A misdemeanor.

(e) A person does not have or receive notice under

Subsection (b)(2)(D) unless a sign is placed at each

entrance for vehicles to the property that gives notice

that the presence of purple paint marks on trees or posts

on the property indicates that entry is forbidden. The sign

required under this subsection must be not less than two

feet by three feet in size with block letters at least two

inches in height. This subsection expires September 1,

1998.

(Chgd. by L.1989, chap. 139(1); L.1991, chap. 308(1);

L.1993, chap. 900(1.01); L.1997, chap. 1229(1), (2), eff.

9/1/97.)

Section 30.06. Trespass by holder of license to carry

concealed handgun.

(a) A license holder commits an offense if the license

holder:

(1) carries a handgun under the authority of Article

4413(29ee), Revised Statutes, on property of another

without effective consent; and

(2) received notice that:

(A) entry on the property by a license holder with a

concealed handgun was forbidden; or

(B) remaining on the property with a concealed handgun

was forbidden and failed to depart.

(b) For purposes of this section, a person receives

notice if the owner of the property or someone with

apparent authority to act for the owner provides notice to

the person by oral or written communication.

(c) In this section:

(1) "Entry" has the meaning assigned by Section

30.05(b).

(2) "License holder" has the meaning assigned by Section

46.035(f).

(3) "Written communication" means:

(A) a card or other document on which is written

language identical to the following: "Pursuant to Section

30.06, Penal Code (trespass by holder of license to carry a

concealed handgun), a person licensed under Article

4413(29ee), Revised Statutes (concealed handgun law), may

not enter this property with a concealed handgun"; or

(B) a sign posted on the property that:

(i) includes the language described by Paragraph (A) in

both English and Spanish;

(ii) appears in contrasting colors with block letters at

least one inch in height; and

(iii) is displayed in a conspicuous manner clearly

visible to the public.

(d) An offense under this section is a Class A

misdemeanor.