SB 5233 Notice Against Trespass

[bowbuild]

Changing the subject just a bit, since GPS is the rage for some of you. The game department as far as I know (unless changed recently) does not use GPS in the regs in boundry descriptions, and at the mouth of water ways. Again, because of where I hunt I have not looked at the boundries in a few yrs, BUT in the past I have read soo many feet ect, on river water ways they are always changing.

The reason for saying this is this leaves it to the officer to determine if you are trespassing, or in a closed area.......on his opinion, and this can differ between officers. I would like these marks to have GPS CORDINATES to back up what they are posting or marking......the reason is to assure those that mark are within their right to mark it. Is a officer going to cite someone because they mark it with paint?? Easy for the officer (also stupid) as they have NO proof other than a mark.

Does a officer need to phyisically see someone trespass, or can he just take the word of a owner?? This could be very problimatic for someone who skirts the line.

Bowbuild

[CAMPMEAT]

Is the State supplying the paint at taxpayers expense ? I'm disabled and can't walk up and down my hills to spray paint one tree on my PRIVATE property. So now what ? I'm not paying anybody to trespass on my land to do it either.

[Curly]

I could be wrong, but I don't think the bill makes it a requirement for private lands to be posted.  I thought it simply makes paint an option as opposed to using trespassing signs.

[bigtex]

1/26 Update

Last may Senator Sheldon introduced a very similar bill with a small technical change. So basically SB 5233 is now SB 6117.

Yesterday the Law & Justice Committee passed 6117, it now goes to the Rules Committee to decide if the full Senate will vote on the bill.

[Special T]

Make it a harsher penalty for trespassing and help land owner's protect their rights.  Know before you go!

The penalty isn't the problem. It's the lack of prosecution that is the problem.

In Texas Trespass is a shoot-able offense. Perhaps there wouldnt be a need for all this nonsence if crackheads and other knuckle drag-er knew there was some teeth to screwing with peoples property.

[eldplanko]

So much of this discussion is way off topic. I actually read the bill text. I watched the committee hearing live.

It replaces posting by sign with posting by paint stripe. And only when not on a road. Really no big deal. Look at it from a landowner perspective. There's no requirement for signs anyways... This just establishes orange paint stripes as something meaningful (like blue means culvert).

Bottom line, if your trespassing (blaze paint, sign, or nothing); if property owner wants to make a big deal about it; you're in the wrong.

This bill seems to be in everyone's benefit.... Plus... No fiscal note!


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[eldplanko]

By the way... Shouldn't this be SB 6117?


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[Curly]

By the way... Shouldn't this be SB 6117?


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That's what bigtex said a few days ago.

[CAMPMEAT]

This thread is a great advertisement for Garmin and OnXmaps...


Do you own either bigtex ? 

[Landowner]

I think all 'land posting' signs should bear the land owners name, address and phone number.

I don't want to put my name, address or phone on a sign. 

So there. 

[HardCorpsHuntr]

I'm for it.

I'm sick of replacing torn down signs, shot up signs, and the price of good quality signs.

My devices and maps confirm to me what's public or private in the planning stage of my hunts, so the idea that someone will start painting up public lands won't stop me.

[Wacenturion]

I think all 'land posting' signs should bear the land owners name, address and phone number.

I don't want to put my name, address or phone on a sign. 

So there.

Neither do I.  With technology today, there is no possible excuse for being somewhere you shouldn't be.  Good grief, freaking common sense.  If you don't have permission and if you don't know for sure it's not private because you're too lazy to research it, stay the heck off it.  Simple.  It's the person's responsibilty to know where he is, not the landowners.

[j_h_nimrod]

I agree that I would not want to put my name and contact info on a posting sign, but I disagree with much of Wacenturion's statement. If you own the land and are too lazy to post it, why do you think someone is lazy for not researching the often convoluted land ownership?  Also you assume that:

1.) everyone has common sense, we already know they don't
2.) everyone know where and how to research land ownership
3.) everyone has internet at their disposal to do the research
4.) everyone has the gadgets to tell them where that often invisible line exists
5.) that the actual land boundaries are placed correctly, I have found plenty that were not
6.) everyone cares about who owns the land

I Don't disagree that people should take ample care to hunt on land they have permission to do so, but it is not always that easy or clear cut.  I have been in areas where the land is all cut up with public and private properties and few clear boundaries, but some great public lan mixed in. I have been in areas where a good bit of cover is on an edge, that according to my GPS with a small error factor, is public though the fence or posted signs are on the wrong side. I have also been in areas with no marking or boundary between land ownership.   I feel that, as a land owner, there should be a reasonable posting or boundary expectation if you expect the general public to respect "your" property.

[Wacenturion]

I agree that I would not want to put my name and contact info on a posting sign, but I disagree with much of Wacenturion's statement. If you own the land and are too lazy to post it, why do you think someone is lazy for not researching the often convoluted land ownership? Also you assume that:

1.) everyone has common sense, we already know they don't
2.) everyone know where and how to research land ownership
3.) everyone has internet at their disposal to do the research
4.) everyone has the gadgets to tell them where that often invisible line exists
5.) that the actual land boundaries are placed correctly, I have found plenty that were not
6.) everyone cares about who owns the land

I Don't disagree that people should take ample care to hunt on land they have permission to do so, but it is not always that easy or clear cut.  I have been in areas where the land is all cut up with public and private properties and few clear boundaries, but some great public lan mixed in. I have been in areas where a good bit of cover is on an edge, that according to my GPS with a small error factor, is public though the fence or posted signs are on the wrong side. I have also been in areas with no marking or boundary between land ownership.   I feel that, as a land owner, there should be a reasonable posting or boundary expectation if you expect the general public to respect "your" property.

Ok.....lets say you are standing in front of some property.
1.  Do you own it.....no
2.  Do you know who owns it...no
3.  If you know who owns it and don't have permission

Simple, unless you know or have permission if you do, don't trespass.  How basic is that.  Can't believe how people think or reason in these situations.  The problem with landowners and the lack of access allowed by them, comes right out of this mindset.   

[Bob33]

I agree that I would not want to put my name and contact info on a posting sign, but I disagree with much of Wacenturion's statement. If you own the land and are too lazy to post it, why do you think someone is lazy for not researching the often convoluted land ownership? Also you assume that:

1.) everyone has common sense, we already know they don't
2.) everyone know where and how to research land ownership
3.) everyone has internet at their disposal to do the research
4.) everyone has the gadgets to tell them where that often invisible line exists
5.) that the actual land boundaries are placed correctly, I have found plenty that were not
6.) everyone cares about who owns the land

I Don't disagree that people should take ample care to hunt on land they have permission to do so, but it is not always that easy or clear cut.  I have been in areas where the land is all cut up with public and private properties and few clear boundaries, but some great public lan mixed in. I have been in areas where a good bit of cover is on an edge, that according to my GPS with a small error factor, is public though the fence or posted signs are on the wrong side. I have also been in areas with no marking or boundary between land ownership.   I feel that, as a land owner, there should be a reasonable posting or boundary expectation if you expect the general public to respect "your" property.

Ok.....lets say you are standing in front of some property.
1.  Do you own it.....no
2.  Do you know who owns it...no

Simple, unless you know, don't trespass.  How basic is that.  Can't believe how people think or reason in these situations.  The problem with landowners and the lack of access allowed by them, comes right out of this mindset. 

It's so simple. The only explanation for people not following that is also simple: they have no respect for private landowners.