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by ralewis
Tue Nov 13, 2018 7:55 pm
Forum: 2019 Texas Legislative Session
Topic: HB 121 - Requires oral notice for 30.06 and 30.07
Replies: 13
Views: 8641

Re: HB 121 - Requires oral notice for 30.06 and 30.07

PriestTheRunner wrote: Tue Nov 13, 2018 4:13 pm Can somebody explain this one to me...? It looks like a clarification amending subsection H but I can't determine what exactly its doing:

https://capitol.texas.gov/BillLookup/Hi ... Bill=HB121
A BILL TO BE ENTITLED

AN ACT
relating to a defense to prosecution 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 adding
Subsection (g) to read as follows:
(g) It is a defense to prosecution under this section that
the license holder was personally given notice by oral
communication described by Subsection (b) and promptly departed
from the property.

SECTION 2. Section 30.07, Penal Code, is amended by adding
Subsection (h) to read as follows:
(h) It is a defense to prosecution under this section that
the license holder was personally given 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.
Looks to me like you have a 'defense to prosecution' for carrying past a sign as long as you departed if told to.

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