Texas Human Resources Code 42.068 – Required Posting of No Trespassing Notice; Criminal Penalty
(a) Each general residential operation operating as a residential treatment center shall post “No Trespassing” notices on the grounds of the general residential operation in the following locations:
(1) parallel to and along the exterior boundaries of the general residential operation’s grounds;
(2) at each roadway or other way of access to the grounds;
(3) for grounds not fenced, at least every five hundred feet along the exterior boundaries of the grounds;
(4) at each entrance to the grounds; and
(5) at conspicuous places reasonably likely to be viewed by intruders.
(b) Each “No Trespassing” notice posted on the grounds of a general residential operation operating as a residential treatment center must:
(1) state that entry to the property is forbidden;
(2) include a description of the provisions of § 30.05, Penal Code, including the penalties for violating § 30.05, Penal Code;
(3) include the name and address of the person under whose authority the notice is posted;
(4) be written in English and Spanish; and
(5) be at least 8-1/2 by 11 inches in size.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to $500 |
Terms Used In Texas Human Resources Code 42.068
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The executive commissioner by rule shall determine and prescribe the requirements regarding the placement, installation, design, size, wording, and maintenance procedures for the “No Trespassing” notices.
(d) The commission shall provide without charge to each general residential operation operating as a residential treatment center the number of “No Trespassing” notices required to comply with this section and rules adopted under this section.
(e) A person who operates a general residential operation operating as a residential treatment center commits an offense if the commission provides “No Trespassing” notices to the facility and the person fails to display the “No Trespassing” notices on the operation’s grounds as required by this section before the end of the 30th business day after the date the operation receives the notices. An offense under this subsection is a Class C misdemeanor.