2005 Texas Penal Code CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS

PENAL CODE

CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS


	§ 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."

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.


	§ 30.02. BURGLARY.  (a) A person commits an offense if, 
without the effective consent of the owner, the person:
		(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, theft, or an assault;  or
		(2)  remains concealed, with intent to commit a felony, 
theft, or an assault, in a building or habitation;  or
		(3)  enters a building or habitation and commits or 
attempts to commit a felony, theft, or an assault.
	(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.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994;  Acts 1995, 74th Leg., ch. 318, § 8, eff. Sept. 1, 1995;  
Acts 1999, 76th Leg., ch. 727, § 1, eff. Sept. 1, 1999.


	§ 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.                   

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1987, 70th Leg., ch. 62, § 1, eff. Sept. 1, 1987;  
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


	§ 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)  For purposes of this section, a container or trailer 
carried on a rail car is a part of the rail car.
	(d)  An offense under this section is a Class A misdemeanor 
unless the vehicle or part of the vehicle broken into or entered is 
a rail car, in which event the offense is a state jail felony.
	(e)  It is a defense to prosecution under this section that 
the actor entered a rail car or any part of a rail car and was at 
that time an employee or a representative of employees exercising a 
right under the Railway Labor Act (45 U.S.C. Section 151 et seq.).

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994;  Acts 1999, 76th Leg., ch. 916, § 1, eff. Sept. 1, 1999.


	§ 30.05. CRIMINAL TRESPASS.  (a) A person commits an 
offense if he enters or remains on or in property, including an 
aircraft or other vehicle, of another without effective consent or 
he enters or remains 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, Human Resources Code.
		(4)  "Forest land" means land on which the trees are 
potentially valuable for timber products.
		(5)  "Agricultural land" has the meaning assigned by 
Section 75.001, Civil Practice and Remedies Code.
		(6)  "Superfund site" means a facility that:                                  
			(A)  is on the National Priorities List 
established under Section 105 of the federal Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. Section 9605);  or
			(B)  is listed on the state registry established 
under Section 361.181, Health and Safety Code.
		(7)  "Critical infrastructure facility" means one of 
the following, if completely enclosed by a fence or other physical 
barrier that is obviously designed to exclude intruders:
			(A)  a chemical manufacturing facility;                                      
			(B)  a refinery;                                                             
			(C)  an electrical power generating facility, 
substation, switching station, electrical control center, or 
electrical transmission or distribution facility;
			(D)  a water intake structure, water treatment 
facility, wastewater treatment plant, or pump station;
			(E)  a natural gas transmission compressor 
station;                        
			(F)  a liquid natural gas terminal or storage 
facility;                    
			(G)  a telecommunications central switching 
office;                        
			(H)  a port, railroad switching yard, trucking 
terminal, or other freight transportation facility;
			(I)  a gas processing plant, including a plant 
used in the processing, treatment, or fractionation of natural gas;  
or
			(J)  a transmission facility used by a federally 
licensed radio or television station.
	(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 Subsection (e) is a Class C misdemeanor 
unless it is committed in a habitation or unless the actor carries a 
deadly weapon on or about the actor's person during the commission 
of the offense, in which event it is a Class A misdemeanor.  An 
offense under Subsection (a) is a Class B misdemeanor, except that 
the offense is a Class A misdemeanor if:
		(1)  the offense is committed:                                                
			(A)  in a habitation or a shelter center;                                    
			(B)  on a Superfund site;  or                                                
			(C)  on or in a critical infrastructure facility;  
or                      
		(2)  the actor carries a deadly weapon on or about his 
person during the commission of the offense.
	(e)  A person commits an offense if without express consent 
or if without authorization provided by any law, whether in writing 
or other form, the person:
		(1)  enters or remains on agricultural land of another;                       
		(2)  is on the agricultural land and within 100 feet of 
the boundary of the land when apprehended;  and
		(3)  had notice that the entry was forbidden or 
received notice to depart but failed to do so.
	(f)  It is a defense to prosecution under this section that:                   
		(1)  the basis on which entry on the property or land or 
in the building was forbidden is that entry with a handgun was 
forbidden;  and
		(2)  the person was carrying a concealed handgun and a 
license issued under Subchapter H, Chapter 411, Government Code, to 
carry a concealed handgun of the same category the person was 
carrying.

Text of subsec. (g) as added by Acts 2005, 79th Leg., ch. 1093.
	(g)  This section does not apply if:                                           
		(1)  the basis on which entry on the property or land or 
in the building was forbidden is that entry with a handgun or other 
weapon was forbidden;  and
		(2)  the actor at the time of the offense was a peace 
officer, including a commissioned peace officer of a recognized 
state, or a special investigator under Article 2.122, Code of 
Criminal Procedure, regardless of whether the peace officer or 
special investigator was engaged in the actual discharge of an 
official duty while carrying the weapon.

Text of subsec. (g) as added by Acts 2005, 79th Leg., ch. 1337.
	(g)  It is a defense to prosecution under this section that 
the actor entered a railroad switching yard or any part of a 
railroad switching yard and was at that time an employee or a 
representative of employees exercising a right under the Railway 
Labor Act (45 U.S.C. Section 151 et seq.).

Text of subsec. (h) as added by Acts 2005, 79th Leg., ch. 1093.
	(h)  For purposes of Subsection (g), "recognized state" 
means another state with which the attorney general of this state, 
with the approval of the governor of this state, negotiated an 
agreement after determining that the other state:
		(1)  has firearm proficiency requirements for peace 
officers;  and          
		(2)  fully recognizes the right of peace officers 
commissioned in this state to carry weapons in the other state.

Text of subsec. (h) as added by Acts 2005, 79th Leg., ch. 1337.
	(h)  At the punishment stage of a trial in which the attorney 
representing the state seeks the increase in punishment provided by 
Subsection (d)(1)(C), the defendant may raise the issue as to 
whether the defendant entered or remained on or in a critical 
infrastructure facility as part of a peaceful or lawful assembly, 
including an attempt to exercise rights guaranteed by state or 
federal labor laws.  If the defendant proves the issue in the 
affirmative by a preponderance of the evidence, the increase in 
punishment provided by Subsection (d)(1)(C) does not apply.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, § 3, eff. Aug. 
27, 1979;  Acts 1981, 67th Leg., p. 2385, ch. 596, § 1, eff. Sept. 
1, 1981;  Acts 1989, 71st Leg., ch. 139, § 1, eff. Sept. 1, 1989;  
Acts 1991, 72nd Leg., ch. 308, § 1, eff. Sept. 1, 1991;  Acts 
1993, 73rd Leg., ch. 24, § 1, eff. Sept. 1, 1993;  Acts 1993, 73rd 
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., 
ch. 1229, § 1, 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 
161, § 1, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 169, § 
1, 2, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 765, § 1, 2, 
eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, § 16.002, 
21.001(94), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1078, 
§ 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1178, § 1, 
eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, § 14B.001, 
eff. Sept. 1, 2003;  Acts 2005, 79th Leg., ch. 1093, § 3, eff. 
Sept. 1, 2005;  Acts 2005, 79th Leg., ch. 1337, § 20, 21, eff. 
June 18, 2005.


	§ 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 
Subchapter H, Chapter 411, Government Code, 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 Subchapter H, Chapter 411, 
Government Code (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.                   
	(e)  It is an exception to the application of this section 
that the property on which the license holder carries a handgun is 
owned or leased by a governmental entity and is not a premises or 
other place on which the license holder is prohibited from carrying 
the handgun under Section 46.03 or 46.035.

Added by Acts 1997, 75th Leg., ch. 1261, § 23, eff. Sept. 1, 
1997.  Amended by Acts 1999, 76th Leg., ch. 62, § 9.24, eff. 
Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1178, § 2, eff. Sept. 1, 
2003.