Texas Penal Code 30.05 - Criminal Trespass
What it is:
Who Can Notify:
§ 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:
Unfortunately, LEOs often don't know the laws themselves as we are all aware;
But the basic answer is that LEOs must have been asked/notified by the owner/manager/representative
to have the 'trespasser removed UNLESS the trespasser is engaging in criminal activity other than the trespass.
I have been directly involved with this issue before and have received a number of different
responses from different LEOs.
I am looking for my records of a few such encounters and will post them when I find them!
Just for reference, my favorite 'Sinage' Law that most do NOT know anymore (Including LEOs) and those
LEOs that do know call it the 'Sherwin Williams Law'
(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 grew up with this one being a 'Country Boy' and implemented in in the city a while back.
Got a few laughs from local LEOs and educated many others when they tried to tell me that
they couldn't do anything about trespassers!
Don't know why it "Quoted" the whole thing, so I tried to separate it out so that you could tell what was mine and what was law...
(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