Texas 2009 - 81st Regular

Texas House Bill HB3908 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R13796 CAE-F
2	2	By: Madden H.B. No. 3908
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain offenses involving public and private schools.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 37.107, Education Code, is amended to
10	10	read as follows:
11	11	Sec. 37.107. TRESPASS ON SCHOOL GROUNDS. (a) An
12	12	unauthorized person who trespasses on the grounds of any school
13	13	district of this state commits an offense. An offense under this
14	14	section is a Class C misdemeanor.
15	15	(b) Subsection (a) does not apply to a student who is on the
16	16	grounds of the school campus the student attends.
17	17	SECTION 2. The heading to Section 37.123, Education Code,
18	18	is amended to read as follows:
19	19	Sec. 37.123. OBSTRUCTIVE [DISRUPTIVE] ACTIVITIES.
20	20	SECTION 3. Section 37.123, Education Code, is amended by
21	21	amending Subsections (a) and (b) and adding Subsection (b-1) to
22	22	read as follows:
23	23	(a) A person commits an offense if the person, alone or in
24	24	concert with others, intentionally engages in obstructive
25	25	[disruptive] activity on the campus or property of any private or
26	26	public school.
27	27	(b) For purposes of this section, obstructive [disruptive]
28	28	activity is:
29	29	(1) obstructing or restraining the passage of persons
30	30	in an exit, entrance, or hallway of a building without the
31	31	authorization of the administration of the school;
32	32	(2) seizing control of a building or portion of a
33	33	building to interfere with an administrative, educational,
34	34	research, or other authorized activity;
35	35	(3) preventing, disrupting, or attempting to prevent
36	36	or disrupt by force or violence or the threat of force or violence a
37	37	lawful assembly authorized by the school administration so that a
38	38	person attempting to participate in the assembly is unable to
39	39	participate due to the use of force or violence or due to a
40	40	reasonable fear that force or violence is likely to occur; or
41	41	(4) [disrupting by force or violence or the threat of
42	42	force or violence a lawful assembly in progress; or
43	43	[(5)] obstructing or restraining the passage of a
44	44	person at an exit or entrance to the campus or property or
45	45	preventing or attempting to prevent by force or violence or by
46	46	threats of force or violence the ingress or egress of a person to or
47	47	from the property or campus without the authorization of the
48	48	administration of the school.
49	49	(b-1) In this section, "obstruct" has the meaning assigned
50	50	by Section 42.03, Penal Code.
51	51	SECTION 4. Section 37.124, Education Code, is amended by
52	52	adding Subsection (a-1) to read as follows:
53	53	(a-1) Subsection (a) does not apply to a student who is on
54	54	the school campus or within 500 feet of the school campus the
55	55	student attends.
56	56	SECTION 5. Section 37.126, Education Code, is amended by
57	57	adding Subsection (a-1) to read as follows:
58	58	(a-1) Subsection (a) does not apply to a child who attends
59	59	the school to or from which the children are being transported.
60	60	SECTION 6. Section 51.935(b), Education Code, is amended to
61	61	read as follows:
62	62	(b) For purposes of this section, disruptive activity is:
63	63	(1) obstructing or restraining the passage of persons
64	64	in an exit, entrance, or hallway of a building without the
65	65	authorization of the administration of the institution of higher
66	66	education;
67	67	(2) seizing control of a building or portion of a
68	68	building to interfere with an administrative, educational,
69	69	research, or other authorized activity;
70	70	(3) preventing or attempting to prevent by force or
71	71	violence or the threat of force or violence a lawful assembly
72	72	authorized by the administration of the institution of higher
73	73	education so that a person attempting to participate in the
74	74	assembly is unable to participate due to the use of force or
75	75	violence or due to a reasonable fear that force or violence is
76	76	likely to occur;
77	77	(4) disrupting by force or violence or the threat of
78	78	force or violence a lawful assembly in progress; or
79	79	(5) obstructing or restraining the passage of a person
80	80	at an exit or entrance to the campus or property or preventing or
81	81	attempting to prevent by force or violence or by threats of force or
82	82	violence the ingress or egress of a person to or from the property
83	83	or campus without the authorization of the administration of the
84	84	institution of higher education [activity described by Section
85	85	37.123(b)].
86	86	SECTION 7. Section 37.123(d), Education Code, is repealed.
87	87	SECTION 8. The changes in law made by this Act apply only to
88	88	an offense committed on or after the effective date of this Act. An
89	89	offense committed before the effective date of this Act is governed
90	90	by the law in effect at the time the offense was committed, and the
91	91	former law is continued in effect for that purpose. For the
92	92	purposes of this section, an offense was committed before the
93	93	effective date of this Act if any element of the offense occurred
94	94	before that date.
95	95	SECTION 9. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2009.