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A BILL TO BE ENTITLED
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AN ACT
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relating to certain offenses involving public and private schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.107, Education Code, is amended to |
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read as follows: |
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Sec. 37.107. TRESPASS ON SCHOOL GROUNDS. (a) An |
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unauthorized person who trespasses on the grounds of any school |
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district of this state commits an offense. An offense under this |
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section is a Class C misdemeanor. |
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(b) Subsection (a) does not apply to a student who is on the |
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grounds of the school campus the student attends. |
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SECTION 2. The heading to Section 37.123, Education Code, |
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is amended to read as follows: |
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Sec. 37.123. OBSTRUCTIVE [DISRUPTIVE] ACTIVITIES. |
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SECTION 3. Section 37.123, Education Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) A person commits an offense if the person, alone or in |
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concert with others, intentionally engages in obstructive |
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[disruptive] activity on the campus or property of any private or |
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public school. |
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(b) For purposes of this section, obstructive [disruptive] |
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activity is: |
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(1) obstructing or restraining the passage of persons |
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in an exit, entrance, or hallway of a building without the |
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authorization of the administration of the school; |
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(2) seizing control of a building or portion of a |
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building to interfere with an administrative, educational, |
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research, or other authorized activity; |
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(3) preventing, disrupting, or attempting to prevent |
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or disrupt by force or violence or the threat of force or violence a |
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lawful assembly authorized by the school administration so that a |
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person attempting to participate in the assembly is unable to |
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participate due to the use of force or violence or due to a |
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reasonable fear that force or violence is likely to occur; or |
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(4) [disrupting by force or violence or the threat of
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force or violence a lawful assembly in progress; or
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[(5)] obstructing or restraining the passage of a |
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person at an exit or entrance to the campus or property or |
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preventing or attempting to prevent by force or violence or by |
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threats of force or violence the ingress or egress of a person to or |
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from the property or campus without the authorization of the |
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administration of the school. |
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(b-1) In this section, "obstruct" has the meaning assigned |
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by Section 42.03, Penal Code. |
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SECTION 4. Section 37.124, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) Subsection (a) does not apply to a student who is on |
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the school campus or within 500 feet of the school campus the |
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student attends. |
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SECTION 5. Section 37.126, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) Subsection (a) does not apply to a child who attends |
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the school to or from which the children are being transported. |
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SECTION 6. Section 51.935(b), Education Code, is amended to |
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read as follows: |
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(b) For purposes of this section, disruptive activity is: |
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(1) obstructing or restraining the passage of persons |
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in an exit, entrance, or hallway of a building without the |
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authorization of the administration of the institution of higher |
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education; |
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(2) seizing control of a building or portion of a |
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building to interfere with an administrative, educational, |
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research, or other authorized activity; |
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(3) preventing or attempting to prevent by force or |
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violence or the threat of force or violence a lawful assembly |
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authorized by the administration of the institution of higher |
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education so that a person attempting to participate in the |
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assembly is unable to participate due to the use of force or |
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violence or due to a reasonable fear that force or violence is |
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likely to occur; |
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(4) disrupting by force or violence or the threat of |
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force or violence a lawful assembly in progress; or |
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(5) obstructing or restraining the passage of a person |
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at an exit or entrance to the campus or property or preventing or |
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attempting to prevent by force or violence or by threats of force or |
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violence the ingress or egress of a person to or from the property |
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or campus without the authorization of the administration of the |
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institution of higher education [activity described by Section
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37.123(b)]. |
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SECTION 7. Section 37.123(d), Education Code, is repealed. |
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SECTION 8. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect at the time the offense was committed, and the |
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former law is continued in effect for that purpose. For the |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |