BILL ANALYSIS

H.B. 2629

By: Kacal

Higher Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

According to interested parties, the punishment for criminal trespass on the grounds of a private or independent institution of higher education is a Class B misdemeanor, while the punishment for criminal trespass on the grounds of a public institution of higher education is a Class C misdemeanor. The parties contend that if campus police for private institutions of higher education were afforded the option of issuing citations to individuals trespassing on campus grounds, the police would not be forced to detain the individuals and would be able to remain on campus and handle the incident in proportion to its seriousness. H.B. 2629 seeks to provide for that option, among other provisions.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

H.B. 2629 amends the Education Code to make statutory provisions relating to trespassing, damage, or defacement occurring on the grounds of a public institution of higher education applicable to the grounds of a private or independent institution of higher education. The bill requires any person on the property of a public or private or independent institution of higher education to provide identification on request.

H.B. 2629 repeals Section 51.202(b), Education Code.

EFFECTIVE DATE

September 1, 2015.