H.B. 2103 78(R)    BILL ANALYSIS


H.B. 2103
By: Griggs
Public Education
Committee Report (Amended)



BACKGROUND

Currently, under Section 37.107, Education Code, trespassing on school
grounds is a Class C misdemeanor, while according to Section 30.05, Penal
Code, trespass on any property, including school property, is a Class B
misdemeanor.  Under the legal doctrine of specific statutes controlling
over general statutes, trespassing on school grounds must be charged under
the less serious Education Code provision.  For a juvenile, that means the
case is handled in Justice or Municipal Court, not Juvenile Court. 


PURPOSE
 
House Bill 2103 repeals Section 37.107 in order to increase the punishment
for trespassing on school property from a C to a B misdemeanor and to
require juvenile cases be filed in Juvenile Court rather than Justice or
Municipal Court. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

House Bill 2103 repeals Section 37.107, Education Code, related to the
applicability of criminal laws. The bill deletes a reference to repealed
Section 37.107. 


EFFECTIVE DATE

September 1, 2003.


EXPLANATION OF AMENDMENTS

Committee Amendment No.1 provides that a person whose enrollment is
revoked under this subsection and who enters or remains on school grounds
is subject to prosecution for criminal trespass under Section 30.05, Penal
Code.