TexasCHLforum.com

Texas always requires a culpable mental state. There is a clause in the law that says so and then provides that if a required mental state is not stated in the section, intentional, knowing, or reckless shall be proof. So negligence is not acceptable as a mental state for criminal trespass conviction. The definition of reckless is that the deviation of the failure to act with the normal standard of care about your actions is gross enough that an ordinary person would not do so under those circumstances.

I take this to mean that there is no requirement that you specifically have seen the sign, but that the sign must be so visible that the average person would have seen it. This is also part of the conspicuous posting requirement. You are not to be expected to search for a sign, but if the average person paying reasonable attention to his surroundings would see it, then it applies to you.

As an aside, Texas does this same thing with other trespass laws. For example, painting a purple stripe on a fence or in the woods is enough notice to not trespass. There are some requirements for the stripe (size, height, and how far apart they need to be) but there is nor requirement to show that the person actually saw the stripe. And, if you think about it, how many people know a purple stripe means "do not enter?" at least the 30.06 sign is clear in its meaning to everyone.