§30.05. Criminal trespass.
(a)  A person commits an offense if he enters or remains on or in property,
     including an aircraft or other vehicle, of another without effective
     consent or he enters or remains in a building of another without
     effective consent and he:
 (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.
 
(c) It is a defense to prosecution under this section that the actor at the
    time of the offense was a fire fighter or emergency medical services
    personnel, as that term is defined by Section 773.003, Health and Safety
    Code, acting in the lawful discharge of an official duty under exigent
    circumstances.
 
(d) An offense under Subsection (e) is a Class C misdemeanor unless it is
    committed in a habitation or unless the actor carries a deadly weapon on or
    about the actor's person during the commission of the offense, in which
    event it is a Class A misdemeanor. An offense under Subsection (a) is a
    Class B misdemeanor, except that the offense is a Class A misdemeanor if:
 (1) the offense is committed:
  (A) in a habitation or a shelter center; or
  (B) on a Superfund site; or
 (2) the actor carries a deadly weapon on or about his person during the
     commission of the offense.
 
(e) A person commits an offense if without express consent or if without
    authorization provided by any law, whether in writing or other form, the
    person:
 (1) enters or remains on agricultural land of another;
 (2) is on the agricultural land and within 100 feet of the boundary of the
     land when apprehended; and
 (3) had notice that the entry was forbidden or received notice to depart but
     failed to do so.
 
(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.).
(g) 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.
 
(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)(I)(C) does not apply.
(h) For purposes of Subsection (g), "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:
 (1) has firearm proficiency requirements for peace officers; and
 (2) fully recognizes the right of peace offices commissioned in this state to
     carry weapons in the other sate.
 
§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.