Frequently Asked Questions
Trespassing
How can I properly post my property?Section 30.05, Texas Penal Code, provides that a person commits an offense if the person enters or remains on property of another without effective consent, and the person:
- had notice that the entry was forbidden, or
- received notice to depart, but failed to do so.
"Notice" means: an oral or written communication by the owner or someone with apparent authority to act for the owner; or fencing or other enclosure obviously designed to exclude intruders or to contain livestock; or a sign or signs posted on the property reasonably likely to come to the attention of intruders, indicating that entry is forbidden; or the placement of identifying purple paint marks on trees or posts on the property. If purple paint is used, then the purple paint must be vertical lines of not less than eight inches in length and not less than one inch in width; 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 placed at locations that are readily visible to any person approaching the property and no more than: 100 feet apart on forest land or 1,000 feet apart on land other than forest land.
Additionally, 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 is considered "notice" that entry is forbidden.