TexasCHLforum.com

Was perusing the CHL requirements on the DPS site and something caught my eye: section 30.05 (page 30) Criminal Trespass: item (6)...Superfund site.

How does a criminal trespass charge work when an entire neighborhood/area is considered a Superfund site? A dry cleaners near the house where I grew up found themselves in trouble for dumping dry cleaning solutions into the ditches in the 80's-90's, contaminating the ground water (Harris County, Jones Road, Bell Dry Cleaners). Went to the TCEQ site and saw it has broad boundaries listed; x road to y road to east of z road.

Just curious (a little work product avoidance behavior just kicked in)

Tass

I don't think there is any case law on this, but if it is a secured site and clean-up being conducted at that locaiton, then you would be in violaiton if you went into that restricted area.

I thought 30.05 doesn't apply to CHL holders.

It still applies. It's only a defense to prosecution if the restriction from entering was only due to carrying a handguun and you have a CHL.

30.05 wrote:(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 concealed handgun and a
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun of the same category the person was
carrying.