By: Watson S.B. No. 1649     (Moody)           A BILL TO BE ENTITLED   AN ACT   relating to increasing the punishment for certain conduct   constituting the offense of criminal trespass.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 30.05(b), Penal Code, is amended by   adding Subdivision (12) to read as follows:                (12)  "Institution of higher education" has the meaning   assigned by Section 61.003, Education Code.          SECTION 2.  Section 30.05, Penal Code, is amended by   amending Subsection (d) and adding Subsection (d-1) to read as   follows:          (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 offense is committed on or in property of   an institution of higher education and it is shown on the trial of   the offense that the person has previously been convicted of:                            (i)  an offense under this section relating   to entering or remaining on or in property of an institution of   higher education; or                            (ii)  an offense under Section 51.204(b)(1),   Education Code, relating to trespassing on the grounds of an   institution of higher education; or                      (C)  the person carries a deadly weapon during the   commission of the offense.          (d-1)  For the purposes of Subsection (d)(3)(B), a person has   previously been convicted of an offense described by that paragraph   if the person was adjudged guilty of the offense or entered a plea   of guilty or nolo contendere in return for a grant of deferred   adjudication community supervision, regardless of whether the   sentence for the offense was ever imposed or whether the sentence   was probated and the person was subsequently discharged from   deferred adjudication community supervision.          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, 2017.