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INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 10281
June 4, 2019
To the Mayor and Members of the City Council
Page 1 of 1
SUBJECT: CRIMINAL TRESPASS AND APPARENT AUTHORITY
This Informal Report is in response to a City Council request for information on who has authority
to issue trespass warnings on private property.
Criminal Trespass (§ 30.05 of the Texas Penal Code)
A person commits a trespass if the person enters or remains on the property of another without
consent, and the person had notice that entry was forbidden, or received notice to depart but failed
to do so.
The notice requirement can be met in several ways, including signs, fencing, or oral or written
communication by the owner or someone with apparent authority to act for the owner.
A violation of the Criminal Trespass statute is generally a Class B misdemeanor, with some
exceptions.
Apparent Authority
The law provides that any person designated by the owner of a property can give a trespass notice,
including property managers, employees and security guards. Although a police officer could
legally be designated as an agent for a property owner, it has not been the recommended option.
Employees/agents of the owner are in a much better position to determine who has consent to be on
a property, and therefore are a preferable option for giving a trespass notice. If a person is
considered to be trespassing, the owner/agent can either issue a trespass warning without an officer
present or contact police officers to witness the trespass warning. If the police are contacted and
the person is still on the scene when the officer arrives, the officer will complete a Criminal
Trespass Warning Card and give a copy of the card to the suspect and to the owner/agent. The
officer will also complete an incident report so that officers can arrest the person if he/she is
located on the property again. The Department has found that having a warning card on record is a
helpful tool to a subsequent prosecution for criminal trespass.
Finally, if there are signs prohibiting entry, police officers are authorized to arrest anyone found to
be on the property in violation of the notice on the sign.
Please contact Deputy Chief Neil Noakes at (817) 392- 3654 with any questions.
David Cooke
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS