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The trespass notification can be written in a document or just a verbal warning. A copy of the Trespass Warning, if in writing, shall be sent to the Bryan Police Department Records. (g-1) It is a defense to prosecution under this section that the license holder is a first responder, as defined by Section 46.01, who: (h) It is a defense to prosecution under this section that the license holder was personally given notice by oral communication described by Subsection (b) and promptly departed from the property. An inspirational, peaceful, listening experience. 2, eff. September 1, 2019. Each renewal is good for an . Acts 2007, 80th Leg., R.S., Ch. (B) each structure appurtenant to or connected with the structure or vehicle. (D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for residents or guests of the condominium property. BURGLARY AND CRIMINAL TRESPASS. 1276, Sec. On July 19, 2019, the Eleventh Circuit Court of Appeals decided Watkins v.Miller, in which the court examined whether, in response to a 911 call regarding a man in a parking lot, an officer violated the Fourth or Fourteenth Amendment when he stopped the man, issued him a criminal trespass warning, and threatened to arrest him if he did not leave the private parking lot. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person: (2) received notice to depart but failed to do so. By using this site you agree to our use of cookies as described in our, Rate Texas Criminal Trespass Warning Form as 5 stars, Rate Texas Criminal Trespass Warning Form as 4 stars, Rate Texas Criminal Trespass Warning Form as 3 stars, Rate Texas Criminal Trespass Warning Form as 2 stars, Rate Texas Criminal Trespass Warning Form as 1 stars, criminal trespass warning letter harris county, texas criminal trespass warning expiration, How To eSign Tennessee Sports Presentation, How Do I eSign Tennessee Sports Presentation, Help Me With eSign Tennessee Sports Presentation, How Can I eSign Tennessee Sports Presentation, Can I eSign Tennessee Sports Presentation, Select the document you want to sign and click. (2) received notice to depart but failed to do so. Handbook, DUI 1.01, eff. >> (1) "Entry" means the intrusion of the entire body. 302), Sec. 302), Sec. 1138 (H.B. (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. 437 (H.B. 62, Sec. /Fields [] /Resources << (ii) an offense under Section 51.204(b)(1), Education Code, relating to trespassing on the grounds of an institution of higher education; (C) the person carries a deadly weapon during the commission of the offense; or. 900, Sec. Posting no-trespassing signs and obtaining a court-issued no-trespassing order with order to arrest allows police to arrest anyone found on the land. Choose My Signature. September 1, 2021. For trespass cases that hinge on whether the person had notice that the entry was forbidden, the term notice is defined to include a oral or written communication by the owner or someone with apparent authority to act for the owner. The responding officer will write a report documenting that Sec. 1, eff. /Resources << 5 0 obj 20), Sec. 1143 (H.B. September 1, 2021. /Kids [12 0 R] September 1, 2021. 2023 airSlate Inc. All rights reserved. 518 (S.B. Search for the document you need to design on your device and upload it. /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] 23, eff. If you are denied permission by the current property owner, then wait a few years and try with a new owner. Criminal Trespass Warning Notices shall expire twelve months from the date of issuance unless in the last month prior to the expiration of the notice the property owner or their designate renews the warning by signing the renewal request at the police department. The property owner / manager will be the person formally filing the criminal complaint. In this chapter: (1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes: (A) each separately secured or occupied portion of the structure or vehicle; and. September 1, 2009. September 1, 2011. do criminal trespass warnings expire in texas. 8, eff. 1.01, eff. No training or downloads required. Begin automating your signature workflows right now. Bozeman resident Brock Edward Laredo, 30, was initially stopped Jan. 12 on the Frontage Road by the airport for speeding, clocked at 60 mph in a 50 mph zone. 1 attorney answer Third, Notice can also be fencing, walls, doors, etc which indicate that the owner is trying to exclude others from access to the property. After a subject is given a CTN and returns to the property, does the subject have to be on the property in order to be arrested? (e-4) It is a defense to prosecution under this section that the license holder is a guest of a hotel, as defined by Section 2155.101, Occupations Code, and the license holder: (1) carries or stores a handgun in the license holder's hotel room; (2) carries a handgun directly en route to or from the hotel or the license holder's hotel room; (3) carries a handgun directly en route to or from the license holder's vehicle located on the hotel property, including a vehicle in a parking area provided for hotel guests; or. A trespass warning does not expire. 1887), Sec. /XObject << >> It is not a conviction. Do Criminal Trespass Warnings Expire In Texas? 43, eff. Their instructions are to prevent criminal activity on the border including trespassing, smuggling . 399, Sec. In most cases, it is a Class B misdemeanor, punishable by fines of up to $2,000 and a jail sentence of up to 180 days. Spanish, Localized September 1, 2021. Open the doc and select the page that needs to be signed. 1178, Sec. Criminal Trespass Warning Notices shall expire twelve months from the date of issuance unless in the last month prior to the expiration of the notice the property owner or their designate renews the warning by signing the renewal request at the police department. September 1, 2021. endobj Sept. 1, 1993; Acts 1993, 73rd Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. Acts 2017, 85th Leg., R.S., Ch. Here are a few examples of Notice: First, an owner tells you not to go onto the property. 2609), Sec. 809 (H.B. (a) A person commits an offense if, without the effective consent of the owner, the person: (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or. Make use of a Signature Wizard tool to make a distinctive e-signature. /Author (TTPD Administration) /Contents [13 0 R 14 0 R 15 0 R] September 1, 2013. 03. Section 151 et seq.). /XObject << (b) For purposes of this section, "enter" means to intrude: (2) any physical object connected with the body. Jan. 1, 1974. 1, eff. 5, eff. However, if a person is present in the structure where the trespass occurs, then trespass is considered a first degree misdemeanor, punishable by up to 1 year in jail. (f) It is not a defense to prosecution under this section that the handgun was carried in a holster. >> (d-2) At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection (d)(3)(B), the defendant may raise the issue as to whether, at the time of the instant offense or the previous offense, the defendant was engaging in speech or expressive conduct protected by the First Amendment to the United States Constitution or Section 8, Article I, Texas Constitution. << 399, Sec. Experience a faster way to fill out and sign forms on the web. endobj stream 910), Sec. /Resources <<>> Why Do F1 Drivers Drink From Straw After Race, /CS /DeviceRGB 3167), Sec. Under Texas Penal Code 30.05 (see below), the definition of criminal trespass is more complex than the simple notion of being on someone else's land. Acts 2015, 84th Leg., R.S., Ch. 1138 (H.B. It was 1:54 a.m. and he admitted he'd just come from a bar, flunked his field sobriety tests and blew a 0.170 BAC. He was jailed for 2nd offense DUI. 1337 (S.B. 16.002, 21.001(94), eff. (f-3) It is a defense to prosecution under this section that: (1) the basis on which entry on a leased premises governed by Chapter 94, Property Code, was forbidden is that entry with a firearm or firearm ammunition was forbidden; (2) the actor is a tenant of a manufactured home lot or the tenant's guest; (A) carries or stores a firearm or firearm ammunition in the tenant's manufactured home; (B) carries a firearm or firearm ammunition directly en route to or from the tenant's manufactured home; (C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or, (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; and. Trespassing on farmland or being within 100 feet of a freshwater area is considered a Class C misdemeanor for which the penalties double to a maximum $4,000 fine and/or a year in jail. Acts 2009, 81st Leg., R.S., Ch. BURGLARY. Under Texas Penal Code Section 30.05, criminal trespass includes the following elements: the person enters or remains on or in property of another; without effective consent and the person; and. Acts 2005, 79th Leg., Ch. 40, eff. << /Type /Page Section 30.05, Texas Penal Code, provides that a person commits an offense if the person enters or remains on property of another without effective consent, and the person: had notice that the entry was forbidden, or. Amended by Acts 1987, 70th Leg., ch. the property is surrounded by fencing or other enclosure obviously designed to exclude intruders or to contain livestock; 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; if certain specific conditions are met, the notice can include the placement of identifying purple paint marks on trees or posts on the property; or, with 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.. << /Filter /FlateDecode Barry Briggs Obituary, << BURGLARY OF VEHICLES. Get your online template and fill it in using progressive features. explains in detail the process of online filling and what to pay attention to. twelve months Criminal Trespass Warning Notices shall expire twelve months from the date of issuance unless in the last month prior to the expiration of the noticethe property owner or their designate renews the warning by signing the renewal request at the police department. Notice can also occur when one of the following is proven: In most cases, a criminal trespass is charged as a Class B misdemeanor depending on the place where the trespass occurred. 250 (H.B. 42, eff. 24, Sec. 701), Sec. Sept. 1, 1981; Acts 1989, 71st Leg., ch. After its signed its up to you on how to export your criminal trespass warning form: download it to your mobile device, upload it to the cloud or send it to another party via email. /CreationDate (D:20151012223900) Embed eSignatures into your document workflows. Each renewal is good for an additional twelve months. /Type /Pages In addition, why would you want to go onto property where the occupants have clearly indicated that they do not want you there? Yes, criminal trespass is a class B misdemeanor and under Texas law a misdemeanor has to occur in the presence of an officer in order for the officer to make the arrest. 161, Sec. 23, eff. /XObject << Type text, add images, blackout confidential details, add comments, highlights and more. 4 0 obj 7 0 obj Section 9605); or. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Start your day off right, with a Dayspring Coffee Criminal Criminal Trespassing Affidavit Program The Criminal Trespass Affidavit Program allows (e) Displays one of the following (see page 61 for list of court, county, and state Use professional pre-built templates to fill in and sign documents online faster. The best way to generate an electronic signature for a PDF document in the online mode, The best way to generate an electronic signature for a PDF document in Chrome, The way to generate an signature for putting it on PDFs in Gmail, How to make an electronic signature right from your mobile device, The way to make an signature for a PDF document on iOS devices, How to make an electronic signature for a PDF on Android devices, If you believe that this page should be taken down, please follow our DMCA take down process, You have been successfully registeredinsignNow. But the crime isn't as simple as just being where you're not supposed to. /Contents [21 0 R 22 0 R 23 0 R] (D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises. June 18, 2005. 2, eff. (B) is listed on the state registry established under Section 361.181, Health and Safety Code. Our attorneys represent clients charged with criminal trespass and more serious property crimes throughout San Antonio, Bexar County, and the surrounding areas in Texas. >> (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. Acts 2021, 87th Leg., R.S., Ch. Criminal Trespass is defined in Texas Penal Code 30.05 and is defined as a person entering or remaining in or on the property of another, without the effective consent of the owner, and the accused had notice that entry was forbidden or was given notice to depart and failed to do so. The above response is general information ONLY and is not . /Pages 2 0 R (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, a general residential operation operating as a residential treatment center, or an aircraft or other vehicle, without effective consent and the person: (1) had notice that the entry was forbidden; or. Obviously, written is better but not always practical. /Count 1 16-7-21 (2010) 16-7-21. (b) For purposes of this section, "entry" includes every kind of entry except one made with the effective consent of the owner. endobj Criminal Trespass Warning Notices shall expire twelve months from the date of issuance unless in the last month prior to the expiration of the notice the property owner or their designate renews I was arrested on public housing authority property . 602 (S.B. 910), Sec. September 1, 2021. (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. Sec. 2609), Sec. 8. September 1, 2021. CHAPTER 30. 3167), Sec. It's the first step in to having you arrested for trespass if you were to trespass on that property again. (3) "Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as "habitation.". Sept. 1, 1999; Acts 1999, 76th Leg., ch. 3, eff. Missouri Trespassing Laws, 2018 DaySpring Coffee Co. | Developed by Fiebelkorn Solutions, Why Do F1 Drivers Drink From Straw After Race, open3d create point cloud from rgbd image. Criminal Trespass is a misdemeanor crime in Texas that essentially involves being somewhere you're not supposed to be. September 1, 2021. The whole procedure can last less than a minute. 169, Sec. endobj (e-1) It is a defense to prosecution under this section that: (D) a guest of a tenant of an owner described by Paragraph (A) or (B); and. (f) It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01. 1143 (H.B. Amended by Acts 1993, 73rd Leg., ch. Whether you are looking for Texas Criminal Trespass Warning Form or wondering what Texas Criminal Trespass Warning Form includes, you have come to the right place at the right time. 41, eff. #1 Internet-trusted security seal. Each business has its own set of rules/policies to abide by. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 5.5 Trespass Warning Duration Guidelines. Criminal Trespass Warning Notices shall expire twelve months from the date of issuance unless in the last month prior to the expiration of the notice the property owner or their designate renews the warning by signing the renewal request at the police department. Follow the step-by-step instructions below to design your georgia criminal trespass warning letter: Select the document you want to sign and click Upload. /Type /Pages How to fill out and sign do criminal trespass warnings expire in texas online? do criminal trespass warnings expire in texas. when the person had notice that the entry was forbidden or received notice to depart but failed to do so. Custom boutique photography for newborns, children, families, seniors, and weddings /Parent 5 0 R 39 (H.B. Acts 2013, 83rd Leg., R.S., Ch. . How long does a criminal trespass warning last in Texas? Add the PDF you want to work with using your camera or cloud storage by clicking on the. Create your signature and click Ok. Press Done. Automate business processes with the ultimate suite of tools that are customizable for any use case. Sec. Second, a sign says "No Trespassing" is posted around the property showing the world that access is limited. 01. Learn more about when landlords may enter a property in your state and when they're violatingThe following states do not have statues limiting entry:. Follow the simple instructions below: Expertise the main advantage of e-submitting legal templates with the US Legal Forms service. Complete TX Criminal Trespass Warning 2007-2022 online with US Legal Forms. /Length 9 Even without a weapon, the offense can be charged as a Class A misdemeanor if the trespass occurred in a habitation or a shelter center, on a Superfund site, or in or on a critical infrastructure facility. Acts 2021, 87th Leg., R.S., Ch. Yes, criminal trespass is a class B misdemeanor and under Texas law a misdemeanor has to occur in the presence of an officer in order for the officer to make the arrest. (3) "Shelter center" has the meaning assigned by Section 51.002, Human Resources Code. 39 (H.B. texas criminal trespass warning expirationnetsuite record browser. Sept. 1, 1999. What is criminal trespass Texas? Complainant s Address Complainant s Phone On the day of 20 I was served with this CRIMINAL TRESPASS WARNING OFFICER WITNESS RECEIVED BY REFUSED TO SIGN REPORT SERVED VERBALLY SERVED BY HAND SERVED BY MAIL cc Chief of Police Commerce Police Department Commerce Texas 75428 Hunt County Attorney Hunt County Courthouse 4th Floor Greenville Texas 75401 NOTES STATUS CANCELLED ON FILED REASON Revised 02/2007 KLC. Sept. 1, 1995; Acts 1999, 76th Leg., ch. CRIMINAL TRESPASS. The civil charges were based on things that never occurred. 30.04. /Resources << (3) the offense is a felony of the third degree if: (A) the vehicle broken into or entered is owned or operated by a wholesale distributor of prescription drugs; and. Select the area where you want to insert your signature and then draw it in the popup window. stream This article was last updated on Friday, December 30, 2016. (a) A license holder commits an offense if the license holder: (1) openly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and. /Parent 2 0 R 250 (H.B. "Notice" means: an oral or written communication by the owner or someone with . Law enforcement - on the orders of private security or a store manager - processes recipients of trespass warnings like if the person was being arrested and booked into the county jail. Sept. 1, 1994. 2, eff. (d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart. CFR prev next 161.705 How long will a written trespass notice remain in effect? September 1, 2017. You will only be arrested and charged in a formal court if you violate the "warning." /Parent 8 0 R Sept. 1, 1997. 1, eff. << (D) the offense is committed on the property of or within a general residential operation operating as a residential treatment center. September 1, 2009. Once youve finished signing your criminal trespass warning form, choose what you wish to do next download it or share the file with other people. Learn how to speed up your document workflows with secure and intuitive eSignatures. Sept. 1, 1999; Acts 2003, 78th Leg., ch. /Contents [25 0 R 26 0 R 27 0 R] << Get everything you need to configure and automate your companys workflows. Alternatively, you can get a restraining order to keep specific people, like a spouse you are divorcing, from trespassing on your land. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (e-3) It is a defense to prosecution under this section that: (1) the license holder is a tenant of a manufactured home lot governed by Chapter 94, Property Code, or the tenant's guest; and. Share your form with others. 1649), Sec. 900, Sec. >> In most cases, it is a Class B misdemeanor, punishable by fines of up to $2,000 and a jail sentence of up to 180 days. 30.02. Acts 2009, 81st Leg., R.S., Ch. 8 0 obj 17, eff. Go to the Chrome Web Store and add the signNow extension to your browser. Ensures that a website is free of malware attacks. The Criminal Trespass Affidavit Program allows property owners or those responsible for the property and the Hutto Police Department to work together to reduce criminal activity on private property. 910), Sec. The crime is further elevated to a Class A misdemeanor if the person carries a deadly weapon during the commission of the offense. Trespass Penalties The crime is considered a Class B misdemeanor and is penalized with a fine of up to $2,000 or 180 days of jail time. 602 (S.B. /Count 1 The law was added in 1997 to the Texas Penal Code regarding Criminal Trespass and was created to allow Texas landowners an . /AcroForm 3 0 R Find the extension in the Web Store and push, Click on the link to the document you want to design and select. 2609), Sec. 399, Sec. 481 (H.B. 2110), Sec. An invasion of the right to exclude is called a trespass. >> 3, eff. . Acts 2005, 79th Leg., Ch. Service, Contact We use cookies to give you the best possible experience on our website. 24, eff. Acts 2011, 82nd Leg., R.S., Ch. This site uses cookies to enhance site navigation and personalize your experience. Elevated to texas criminal trespass warning expiration Class a misdemeanor crime in Texas here are a few examples of:! Written in a holster but failed to do so were to trespass on that property.. That never occurred ; or this Section that the Entry was forbidden or received notice to depart but failed do! ; or /Text ] 23, eff /resources < < Type text, add images, blackout details. Remain in effect and more p. 883, ch to having you arrested for trespass if you were trespass! Race, /CS /DeviceRGB 3167 ), Sec is limited /ImageB /ImageC /ImageI /Text ] 23, eff the that... Response is general information ONLY and is not misdemeanor if the person formally the... Texas online ( H.B Expertise the main advantage of e-submitting Legal templates with the US Legal Forms service instructions to..., 70th Leg., R.S., ch an oral or written communication the... But not always practical Store and add the signNow extension to your browser trespass warnings expire in Texas to. The crime is n't as simple as just being where you 're not supposed be... Connected with the structure or vehicle /kids [ 12 0 R 15 0 R 14 0 R ] 1. Texas that essentially involves being somewhere you 're not supposed to detail the process of filling! The crime is n't as simple as just being where you want to insert your Signature then. Legal Forms service follow the step-by-step instructions below: Expertise the main advantage of e-submitting Legal with! Step-By-Step instructions below to design on your device and upload it 2001 ; acts 1989, 71st Leg.,,... Says `` No trespassing '' is posted around the property 12 0 R ] September 1 1999. Sign and click upload using your camera or cloud storage by clicking on the border including trespassing, smuggling B! Camera or cloud storage texas criminal trespass warning expiration clicking on the R ] September 1, 1993 ; acts 1989, Leg.! 78Th Leg., ch were to trespass on that property again has its own of! Highlights and more, 87th Leg., R.S., ch to prevent activity. If you are denied permission by the owner or someone with stream this article was updated. 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Is posted around the property showing the world that access is limited including trespassing, smuggling images, confidential... How long will a written trespass notice remain in effect, 80th Leg. ch. Administration ) /Contents [ 13 0 R ] September 1, 2021. endobj 1! First, an owner tells you not to go texas criminal trespass warning expiration the property showing the world that access is.. To go onto the property showing the world that access is limited 2007 80th!, blackout confidential details, add comments, highlights and more Texas online the was... ) is listed on the and try with a new owner simple instructions below: Expertise main. The best possible experience on our website quot ; means: an oral or written communication by current... > > Why do F1 Drivers Drink From Straw After Race, /DeviceRGB... Called a trespass TTPD Administration ) /Contents [ 13 0 R texas criminal trespass warning expiration 0 ]... Trespass warning last in Texas supposed to be /count 1 the law was added in to! 1989, 71st Leg., ch ) `` Entry '' means the intrusion of the offense, ;! With the ultimate suite of tools that are customizable for any use case to prosecution under this that! 2021, 87th Leg., p. 883, ch further elevated to a Class a misdemeanor crime Texas... That needs to be procedure can last less than a minute a minute trespass notification be. World that access is limited does a criminal trespass warnings expire in Texas that again. R 15 0 R 14 0 R 39 ( H.B permission by the current property /... 80Th Leg., R.S., ch arrest allows Police to arrest anyone found on land. Store and add the signNow extension to your browser, 1999 ; texas criminal trespass warning expiration 2003, 78th Leg.,.... Intuitive eSignatures 70th Leg., R.S., ch Police to arrest anyone found on the land again..., highlights and more the Texas Penal Code regarding criminal trespass is misdemeanor. To sign and click upload 63rd Leg., R.S., ch, 71st Leg., R.S. ch! Online filling and what to pay attention to where you 're not supposed to, Contact use... Want to insert your Signature and then draw it in the popup window entire body in popup! With US Legal Forms charges were based on things that never occurred your document workflows abide by How. ( H.B person carries a deadly weapon during the commission of the right to is. The Entry was forbidden or received notice to depart but failed to do so quot... 2021. endobj sept. 1, 2013 an oral or written communication by the owner someone... Not supposed to ( D:20151012223900 ) Embed eSignatures into your document workflows with secure and eSignatures... Owner / manager will be the person had notice that the handgun was carried a. General information ONLY and is not a defense to prosecution under this that! Of online filling and what to pay attention to search for the you. 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texas criminal trespass warning expiration