Sec. 30.05.  CRIMINAL TRESPASS.  (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:
  (1)  had notice that the entry was forbidden; or
  (2)  received notice to depart but failed to do so.
(b)  For purposes of this section:
  (1)  "Entry" means the intrusion of the entire body.
  (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)  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
     (E)  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.
  (3)  "Shelter center" has the meaning assigned by Section 51.002, Human Resources Code.
  (4)  "Forest land" means land on which the trees are potentially valuable for timber products.
  (5)  "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code.
  (6)  "Superfund site" means a facility that:
     (A)  is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9605);  or
     (B)  is listed on the state registry established under Section 361.181, Health and Safety Code.
  (7)  "Critical infrastructure facility" means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders:
     (A)  a chemical manufacturing facility;
     (B)  a refinery;
     (C)  an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility;
     (D)  a water intake structure, water treatment facility, wastewater treatment plant, or pump station;
     (E)  a natural gas transmission compressor station;
     (F)  a liquid natural gas terminal or storage facility;
     (G)  a telecommunications central switching office;
     (H)  a port, railroad switching yard, trucking terminal, or other freight transportation facility;
     (I)  a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; or
     (J)  a transmission facility used by a federally licensed radio or television station.
  (8)  "Protected freshwater area" has the meaning assigned by Section 90.001, Parks and Wildlife Code.
  (9)  "Recognized state" means another state with which the attorney general of this state, with the approval of the governor of this state, negotiated an agreement after determining that the other state:
     (A)  has firearm proficiency requirements for peace officers; and
     (B)  fully recognizes the right of peace officers commissioned in this state to carry weapons in the other state.
  (10)  "Recreational vehicle park" has the meaning assigned by Section 13.087, Water Code.
  (11)  "Residential land" means real property improved by a dwelling and zoned for or otherwise authorized for single-family or multifamily use.
  (12)  "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
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(f)  It is a defense to prosecution under this section that:
  (1)  the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
  (2)  the person was carrying:
     (A)  a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
     (B)  a handgun:
        (i)  in a concealed manner; or
        (ii)  in a shoulder or belt holster.