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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offense of trespass on or near a |
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school or day-care center. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 30, Penal Code, is amended by adding |
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Section 30.055 to read as follows: |
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Sec. 30.055. TRESPASS ON OR NEAR SCHOOL OR DAY-CARE CENTER. |
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(a) In this section: |
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(1) "Day-care center" has the meaning assigned by |
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Section 42.002, Human Resources Code. |
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(2) "Public property" includes a street, highway, |
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alley, public park, or sidewalk. |
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(3) "School" means a private or public elementary or |
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secondary school. |
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(4) "School or day-care center property" means: |
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(A) all land and buildings owned or leased by a |
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public school or day-care center; and |
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(B) any grounds or buildings used by a school or |
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day-care center for an assembly or other school-sponsored activity. |
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(b) A person commits an offense if the person: |
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(1) enters or remains on: |
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(A) school or day-care center property; or |
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(B) public property located within 250 feet of |
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school or day-care center property; |
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(2) poses a substantial risk of harm to any person or |
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behaves in a manner that is inappropriate for a school or day-care |
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center setting; and |
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(3) received a request to depart by an administrator |
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or security personnel officer employed by the school or day-care |
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center and failed to depart. |
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(c) An offense under this section is a Class A misdemeanor. |
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(d) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or both sections. |
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SECTION 2. This Act takes effect September 1, 2023. |