CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS

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PENAL CODE

TITLE 7. OFFENSES AGAINST PROPERTY

CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS

Sec. 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, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 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.

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, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 8, eff. Sept. 1,

1995; Acts 1999, 76th Leg., ch. 727, Sec. 1, eff. Sept. 1, 1999.

Sec. 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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1987, 70th Leg., ch. 62, Sec. 1, eff. Sept. 1,

1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994.

Sec. 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.

on a rail car is a part of the rail car.

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

except that:

(1) the offense is a Class A misdemeanor with a minimum term of

confinement of six months if it is shown on the trial of the

offense that the defendant has been previously convicted of an

offense under this section; and

(2) the offense is a state jail felony if:

(A) it is shown on the trial of the offense that the defendant

has been previously convicted two or more times of an offense

under this section; or

(B) the vehicle or part of the vehicle broken into or entered is

a rail car.

(d-1) For the purposes of Subsection (d), a defendant has been

previously convicted under this section if the defendant was

adjudged guilty of the offense or entered a plea of guilty or

nolo contendere in return for a grant of deferred adjudication,

regardless of whether the sentence for the offense was ever

imposed or whether the sentence was probated and the defendant

was subsequently discharged from community supervision.

(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, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994; Acts 1999, 76th Leg., ch. 916, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

308, Sec. 1, eff. September 1, 2007.

Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense

if the person enters or remains on or in property of another,

including residential land, agricultural land, a recreational

vehicle park, a building, or an aircraft or other vehicle,

without effective consent and the person:

(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;

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);

(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;

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.

(8) "Protected freshwater area" has the meaning assigned by

Section 90.001, Parks and Wildlife Code.

(9) "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:

(A) has firearm proficiency requirements for peace officers; and

(B) fully recognizes the right of peace officers commissioned in

this state to carry weapons in the other state.

(10) "Recreational vehicle park" means a tract of land that has

rental spaces for two or more recreational vehicles, as defined

by Section 522.004, Transportation Code.

(11) "Residential land" means real property improved by a

dwelling and zoned for or otherwise authorized for single-family

or multifamily use.

eff. September 1, 2009.

(d) An offense under this section is:

(1) a Class B misdemeanor, except as provided by Subdivisions

(2) and (3);

(2) a Class C misdemeanor, except as provided by Subdivision

(3), if the offense is committed:

(A) on agricultural land and within 100 feet of the boundary of

the land; or

(B) on residential land and within 100 feet of a protected

freshwater area; and

(3) a Class A misdemeanor if:

(A) the offense is committed:

(i) in a habitation or a shelter center;

(ii) on a Superfund site; or

(iii) on or in a critical infrastructure facility; or

(B) the person carries a deadly weapon during the commission of

the offense.

(e) It is a defense to prosecution under this section that the

actor at the time of the offense was:

(1) a firefighter or emergency medical services personnel, as

defined by Section 773.003, Health and Safety Code, acting in the

lawful discharge of an official duty under exigent circumstances;

(2) a person who was:

(A) an employee or agent of:

(i) an electric utility, as defined by Section 31.002, Utilities

Code;

(ii) a telecommunications provider, as defined by Section

51.002, Utilities Code;

(iii) a video service provider or cable service provider, as

defined by Section 66.002, Utilities Code;

(iv) a gas utility, as defined by Section 101.003 or 121.001,

Utilities Code; or

(v) a pipeline used for the transportation or sale of oil, gas,

or related products; and

(B) performing a duty within the scope of that employment or

agency; or

(3) a person who was:

(A) employed by or acting as agent for an entity that had, or

that the person reasonably believed had, effective consent or

authorization provided by law to enter the property; and

(B) performing a duty within the scope of that employment or

agency.

(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.

(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.).

(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.

(i) 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.

(j) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1138, Sec. 4,

eff. September 1, 2009.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, Sec. 3, eff.

Aug. 27, 1979; Acts 1981, 67th Leg., p. 2385, ch. 596, Sec. 1,

eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 139, Sec. 1, eff.

Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 308, Sec. 1, eff. Sept.

1, 1991; Acts 1993, 73rd Leg., ch. 24, Sec. 1, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994; Acts 1997, 75th Leg., ch. 1229, Sec. 1, 2, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 161, Sec. 1, eff. Sept. 1, 1999;

Acts 1999, 76th Leg., ch. 169, Sec. 1, 2, eff. Sept. 1, 1999;

Acts 1999, 76th Leg., ch. 765, Sec. 1, 2, eff. Sept. 1, 1999;

Acts 2001, 77th Leg., ch. 1420, Sec. 16.002, 21.001(94), eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1078, Sec. 1, eff. Sept.

1, 2003; Acts 2003, 78th Leg., ch. 1178, Sec. 1, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14B.001, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1093, Sec. 3, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1337, Sec. 20, eff. June 18, 2005.

Acts 2005, 79th Leg., Ch.

1337, Sec. 21, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(61), eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 17.002(13), eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1138, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1138, Sec. 2, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1138, Sec. 3, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1138, Sec. 4, eff. September 1, 2009.

Sec. 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.

(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, Sec. 23, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.24, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1178, Sec. 2, eff. Sept.

1, 2003.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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