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O-1995-2072
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O-1995-2072
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Last modified
11/2/2016 3:38:56 PM
Creation date
7/24/2006 2:52:07 PM
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Legislative Records
Legislative Type
Ordinance
Date
10/23/1995
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<br />. <br /> <br />. <br /> <br />ORDINANCE NO. 95-2072 <br /> <br />AN ORDINANCE ADOPTING THE PROVISIONS OF SECTION 30.05, TEXAS PENAL <br />CODE, AND PROHIBITING ANY PERSON FROM CARRYING A FIREARM ON ANY <br />PROPERTY OR IN ANY BUILDING OF THE CITY OF LA PORTE; PROHIBITING <br />ANY PERSON WHO IS LICENSED UNDER ARTICLE 4413 (2gee), V.T.C.S., FROM <br />CARRYING A CONCEALED HANDGUN ON ANY PROPERTY, BUILDING, OR PREMISES <br />OF THE CITY OF LA PORTE; CONTAINING DEFINITIONS; PROVIDING FOR <br />SIGNS; PROVIDING EXEMPTIONS; PROVIDING FOR A PENALTY OF A FINE NOT <br />TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH <br />OFFENSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH <br />THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: <br /> <br />section 1. Section 30.0S, "criminal Trespass," of the Texas <br /> <br />Penal Code, reads as follows: <br /> <br />"s 30.05. Criminal Trespass <br /> <br />(a) A person commits an offense if he enters or remains on <br />property or in a building of another without effective consent <br />and he: <br /> <br />(1) had notice that the entry was forbidden; or <br />(2) received notice to depart but failed to do so. <br /> <br />(b) For purpose of this section: <br /> <br />(1) "Entry" means the intrusion of the entire body. <br />(2) "Notice" means: <br /> <br />(A) oral or written communication by the owner or <br />someone with apparent authority to act for the <br />owner; <br />(B) fencing or other enclosure obviously designed <br />to exclude intruders or to contain livestock; <br />(e) a sign or signs posted on the property or at <br />the entrance to the building, reasonably <br />likely to come to the attention of intruders, <br />indicating that entry is forbidden; or <br />(D) the visible presence on the property of a crop <br />grown for human consumption that is under <br />cultivation, in the process of being <br />harvested, or marketable if harvested at the <br />time of entry. <br /> <br />(3) "Shelter center" has the meaning assigned by <br />Section Sl.002(1), Human Resources Code. <br /> <br />(c) It is a defense to prosecution under this section that <br />the actor at the time of the offense was a fire fighter <br />or emergency medical services personnel, as that term is <br />defined by Section 773.003, Health and Safety Code, <br />acting in the lawful discharge of an official duty under <br />exigent circumstances. <br />
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