CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS
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.
(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, 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.
(c) An offense under this section is a Class A misdemeanor.
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.
(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,
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;
(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.
(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.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1138, Sec. 4,
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.
(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, 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.