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A BILL TO BE ENTITLED
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AN ACT
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relating to unauthorized persons at public or private institutions |
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of higher education in this state and to trespass, damage, or |
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defacement occurring on the grounds of those institutions; amending |
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provisions subject to a criminal penalty and creating offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 51.202, Education Code, |
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is amended to read as follows: |
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Sec. 51.202. RULES AND REGULATIONS[; PENALTY]. |
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SECTION 2. Section 51.204, Education Code, is amended to |
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read as follows: |
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Sec. 51.204. TRESPASS, DAMAGE, DEFACEMENT [ETC]. (a) In |
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this section, "institution of higher education" and "private or |
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independent institution of higher education" have the meanings |
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assigned by Section 61.003. |
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(b) It is unlawful for any person to: |
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(1) trespass on the grounds of an [any state] |
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institution of higher education or of a private or independent |
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institution of higher education; [of this state] or |
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(2) damage or deface [to damage or deface] any of the |
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buildings, statues, monuments, memorials, trees, shrubs, grasses, |
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or flowers on the grounds of an institution [any state
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institutions] of higher education or of a private or independent |
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institution of higher education. |
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SECTION 3. Section 51.208, Education Code, is amended to |
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read as follows: |
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Sec. 51.208. PENALTY; COURTS HAVING JURISDICTION. (a) In |
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this section, "institution of higher education" and "private or |
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independent institution of higher education" have the meanings |
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assigned by Section 61.003. |
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(b) A person who violates any provision of this subchapter |
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or any rule or regulation promulgated under this subchapter commits |
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an offense. An offense under this subsection is a misdemeanor |
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punishable by a fine of not more than $200. |
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(c) The judge of a municipal court or any justice of the |
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peace of any city or county where property under the control and |
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jurisdiction of an [a state] institution of higher education or of a |
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private or independent institution of higher education is located |
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is each separately vested with all jurisdiction necessary to hear |
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and determine criminal cases involving violations of this |
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subchapter or rules or regulations promulgated under this |
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subchapter for which the punishment does not exceed a fine of $200. |
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SECTION 4. Section 51.209, Education Code, is amended to |
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read as follows: |
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Sec. 51.209. UNAUTHORIZED PERSONS; REFUSAL OF ENTRY, |
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EJECTION, IDENTIFICATION. (a) In this section, "institution of |
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higher education" and "private or independent institution of higher |
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education" have the meanings assigned by Section 61.003. |
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(b) The governing board of an [a state] institution of |
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higher education or a private or independent institution of higher |
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education or the governing board's [its] authorized |
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representatives may refuse to allow persons having no legitimate |
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business to enter on property under the board's control, and may |
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eject any undesirable person from the property on the person's |
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[his] refusal to leave peaceably on request. Identification may be |
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required of any person on the property, and the person must provide |
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that identification on request. |
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SECTION 5. Section 51.202(b), Education Code, is repealed. |
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SECTION 6. This Act takes effect September 1, 2015. |
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* * * * * |