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 The bill deletes a reference to repealed Section 37.107.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.