Texas 2025 - 89th Regular

Texas House Bill HB353

Filed
11/12/24  
Out of House Committee
4/24/25  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to creating the criminal offense of trespass on or near school or day-care center property.

Impact

If enacted, HB 353 will amend Chapter 30 of the Penal Code by adding Section 30.055, creating a Class A misdemeanor for violations. This addition is expected to empower school administrators and security personnel to enforce boundaries more strictly, thereby providing a clearer legal recourse against individuals who may pose a threat or are simply in the wrong place without permission. It is anticipated that this legislative change will contribute to a notably safer atmosphere for students as schools will have heightened protections against unauthorized visitors.

Summary

House Bill 353 aims to enhance safety measures around schools and day-care centers by establishing a new criminal offense for trespassing on or near the property of these institutions. Specifically, the bill prohibits individuals from entering or remaining on school or day-care center property, as well as public property within 250 feet of such properties, without express permission or a legitimate reason related to the custody of students. The legislation is a response to concerns regarding the safety of children in educational environments and seeks to deter unauthorized access to these premises.

Sentiment

The overall sentiment surrounding HB 353 appears to be supportive, especially among parents and educators who prioritize school safety. Proponents argue that enhanced measures to restrict access to school and day-care center properties are necessary to protect vulnerable populations. However, there could be unease among civil liberties advocates who worry that such laws may invite potential overreach or misapplication by law enforcement, raising questions about the balance between safety and individual rights.

Contention

Notable points of contention could arise regarding the practical implications of enforcing this new trespassing law. Critics may raise concerns about the vagueness of what constitutes a legitimate reason for being on or near school property and how the bill might affect individuals who inadvertently trespass. Additionally, discussions might surface about the potential for discrimination in enforcement, where marginalized individuals may be disproportionately penalized under this criminal statute.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 30. Burglary And Criminal Trespass
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB1602

Identical Relating to creating the criminal offense of trespass on or near school or day-care center property.

Similar Bills

No similar bills found.