PLANNING TO HUNT DOVE? LOOK FIRST FOR THE PURPLE PAINT BEFORE ENTERING ANOTHER PROPERTY
As fall weather ramps up and hunting season continues, remember that in Texas, a purple stripe means “no trespassing,” so if you see one, don't go beyond it. In Texas Penal Code §30.05, if a property is fenced, posted with at least one sign, or marked with purple paint, it is illegal for anyone to enter.
The Texas Parks & Wildlife Department website explains that 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, according to the website, 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.
Purple paint laws, which began to gain popularity in the 1990s, are currently in force in 15 states in the U.S. Trespassing on private property is considered a Class B misdemeanor and is penalized with a fine of up to $2,000 or 180 days of jail time. Trespassing on farmland or being within 100 feet of a freshwater area is considered a Class C misdemeanor for which the penalties double to a maximum $4,000 fine and a year in jail.
PURPLE POSTS —like this one—are one way landowners may provide legal notice that no trespassing is allowed on the property. | TEXAS SPUR
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