Texas Attorney General Opinion: GA-0606 Page: 3 of 6
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The Honorable Jeff Wentworth - Page 3
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.
TEX. PENAL CODE ANN. 30.05(a) (Vernon Supp. 2007).4
Section 30.05(a) does not define "property," but the term includes real property. See
Sarsfield v. State, 11 S.W.3d 326, 327 (Tex. App.-Houston [14th Dist.] 1999, pet. ref'd) (holding
that the "offense of criminal trespass under section 30.05, Texas Penal Code, applies ... to real
property"). Section 30.05(a) broadly prohibits criminal trespass on real property without regard to
the particular commercial enterprise conducted on the property. TEX. PENAL CODE ANN. 30.05(a)
(Vernon Supp. 2007).5 Real property used as an RV park is "property" where criminal trespass may
occur under section 30.05(a). Id. To answer the first part of your question, section 30.05(a) is
applicable to property used for RV parks and similar enterprises.
More generally, you ask if the criminal trespass statute is clear "as to how local law
enforcement can enforce the statute as it relates to RV Parks or similar entities." Request Letter,
supra note 1, at 2. Section 30.05 does not specify how it would apply when the property in question
is an RV park or similar property. Rather, it sets out broad elements of the offense, which are that:
"(1) a person, (2) without effective consent, (3) enters or remains on the property or in a building of
another, (4) knowingly, intentionally, or recklessly, (5) when he had notice that entry was forbidden
or received notice to depart and failed to do so." Bader v. State, 15 S.W.3d 599, 606 (Tex.
App.-Austin 2000, pet. ref'd). In a particular case the application of one or more of these elements
to the facts and circumstances may not be clear.
The operations of an RV park or similar commercial enterprise may present special
considerations because of the likely existence of a contract pertaining to the use of the property. As
you explain, a guest pays for use of the property, which we assume will be pursuant to an agreement
or contract, express or implied, with the proprietor of an RV park. See Request Letter, supra note
1, at 1. If express, their contract may address such matters such as the length of the guest's stay, the
guest's right to have other guests, and the right of either party to terminate the agreement. The
agreement may constitute a lease, a license, or some other legal relationship, each with potentially
different consequences. While there is a dearth of authority directly concerning criminal trespass
in the context of an RV park, the nature and terms of any agreement governing the person's right to
4"Notice" under the statute includes "oral or written communication by the owner or someone with apparent
authority to act for the owner." TEX. PENAL CODE ANN. 30.05(b)(2)(A) (Vernon Supp. 2007).
5Section 30.05 of the Penal Code contains other provisions applicable to specific types of property such as
"forest land," "agricultural land," and "railroad switching yard," none of which are pertinent here. See id. 30.05(b),
(e), (g).(GA-0606)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0606, text, March 13, 2008; (https://texashistory.unt.edu/ark:/67531/metapth275502/m1/3/?q=%222008~%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.