The owner or someone with apparent authority to act for the owner gives someone either oral or written communication that entry onto the property is forbidden (this can be residential or a business).
Normally, Victoria Police Department (VPD) Officers will assist in this "notice" by using a VPD Criminal Trespass Warning form to be filled out during the officer’s investigation and the residents, property owners or business persons who have trespassers at their residence, property, apartment complex, business property, etc, will sign the form. The officer will then request the person to whom the warning is directed to sign the form acknowledging that they may not return to that specific location for a certain time frame (generally no more than a year).
If the person returns, that person may be subject to arrest or the officer may work up a criminal case on the individual and request that charges be filed through the local Prosecutor’s Office.
Section 30.05 of the Texas Penal Code
Texas Penal Code § 30.05. Criminal Trespass. (a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:
- Had notice that the entry was forbidden
- Received notice to depart but failed to do so