30.05 effect on pepper spray

[seamusTX]

A private property owner can prohibit, require, or allow practically anything that is not illegal.

The main restrictions in Texas are that you can't exclude people from a "public accommodation," housing sales or rental, or a job on the basis of race, sex, religion, national origin, disability, or age. All of those conditions have a bunch of exceptions.

There are a few other legal fine points like service animals.

- Jim

[seamusTX]

With 30.05, the general rule is that you are obligated to leave when you are told to leave. If you refuse, and the police are called, the police will tell you to leave. If you continue to refuse, they will arrest you.

I'm told that after the first offense in the same place, they will come down harder; but I don't know that for a fact.

It seems unbelievable that someone would remain on private property when told to leave by LEO; but people do it all the time, and even become combative.

- Jim

[tarkus]

It seems unbelievable that someone would remain on private property when told to leave by LEO; but people do it all the time, and even become combative.

they call that "misdemeanor stupid" and maybe "felony stupid" if they fight the cops

[srothstein]

So if one were to ignore the sign, and was caught, would the penalty be the same as trespassing?

If you ignore the sign and get caught, the penalty would be the same as trespassing because you are trespassing and would be charged under 30.05. The sign would, IMO, constitute proper notice.

Jim has the general rule correct but remember that it is a general rule. In most cases, if you are caught trespassing like this and the owner calls the police, the police will try to solve the problem by having you leave and agree not to return. This is not the law though, and the police can arrest you on the first call. This is most likely to happen when there is some other legal problem, but it could happen just because the property owner is adamant about filing charges and there is a valid case.