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  S.B. No. 701
 
 
 
 
AN ACT
  relating to a defense to prosecution for criminal trespass.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (e), Section 30.05, Penal Code, is
  amended to read as follows:
         (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, Utilities Code, which for the purposes of this subsection
  includes a municipally owned utility as defined by that section;
                           (v)  a gas utility, as defined by Section
  [or] 121.001, Utilities Code; [or]
                           (vi) [(v)]  a pipeline used for the
  transportation or sale of oil, gas, or related products; or
                           (vii)  an electric cooperative or
  municipally owned utility, as defined by Section 11.003, Utilities
  Code; 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.
         SECTION 2.  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 3.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 701 passed the Senate on
  April 4, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 701 passed the House on
  May 20, 2013, by the following vote:  Yeas 147, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor