By: Patterson (Senate Sponsor - Hagenbuch) H.B. No. 353
         (In the Senate - Received from the House May 5, 2025;
  May 5, 2025, read first time and referred to Committee on Criminal
  Justice; May 7, 2025, reported favorably by the following vote:  
  Yeas 7, Nays 0; May 7, 2025, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to creating the criminal offense of trespass on or near
  school or day-care center property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 30, Penal Code, is amended by adding
  Section 30.055 to read as follows:
         Sec. 30.055.  TRESPASS ON OR NEAR SCHOOL OR DAY-CARE CENTER
  PROPERTY. (a) In this section:
               (1)  "Day-care center" has the meaning assigned by
  Section 42.002, Human Resources Code.
               (2)  "Public property" includes a street, highway,
  alley, public park, or sidewalk.
               (3)  "School" means a private or public elementary or
  secondary school.
               (4)  "School or day-care center property" means:
                     (A)  all land and buildings owned or leased by a
  school or day-care center; and
                     (B)  any grounds or buildings on which an activity
  sponsored by the school or day-care center is being conducted.
         (b)  A person commits an offense if the person:
               (1)  enters or remains on:
                     (A)  school or day-care center property; or
                     (B)  public property located within 250 feet of
  school or day-care center property;
               (2)  does not have:
                     (A)  a reason or relationship for entering or
  remaining on the property that involves custody of or
  responsibility for a student enrolled at the school or day-care
  center; or
                     (B)  written permission from an authorized
  representative of the school or day-care center;
               (3)  receives a reasonable request to depart by an
  administrator, educator, or security personnel officer employed by
  the school or day-care center; and
               (4)  fails to depart.
         (c)  An offense under this section is a Class A misdemeanor.
         (d)  If conduct constituting an offense under this section
  also constitutes an offense under another section of this code, the
  actor may be prosecuted under either section or both sections.
         SECTION 2.  This Act takes effect September 1, 2025.
 
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