10 | 4 | | AN ACT |
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11 | 5 | | relating to unauthorized persons at public or private institutions |
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12 | 6 | | of higher education in this state and to trespass, damage, or |
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13 | 7 | | defacement occurring on the grounds of those institutions; amending |
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14 | 8 | | provisions subject to a criminal penalty and creating offenses. |
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15 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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16 | 10 | | SECTION 1. The heading to Section 51.202, Education Code, |
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17 | 11 | | is amended to read as follows: |
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18 | 12 | | Sec. 51.202. RULES AND REGULATIONS[; PENALTY]. |
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19 | 13 | | SECTION 2. Section 51.204, Education Code, is amended to |
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20 | 14 | | read as follows: |
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21 | 15 | | Sec. 51.204. TRESPASS, DAMAGE, DEFACEMENT [ETC]. (a) In |
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22 | 16 | | this section, "institution of higher education" and "private or |
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23 | 17 | | independent institution of higher education" have the meanings |
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24 | 18 | | assigned by Section 61.003. |
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25 | 19 | | (b) It is unlawful for any person to: |
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26 | 20 | | (1) trespass on the grounds of an [any state] |
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27 | 21 | | institution of higher education or of a private or independent |
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28 | 22 | | institution of higher education; [of this state] or |
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29 | 23 | | (2) damage or deface [to damage or deface] any of the |
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30 | 24 | | buildings, statues, monuments, memorials, trees, shrubs, grasses, |
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31 | 25 | | or flowers on the grounds of an institution [any state |
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32 | 26 | | institutions] of higher education or of a private or independent |
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33 | 27 | | institution of higher education. |
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34 | 28 | | SECTION 3. Section 51.208, Education Code, is amended to |
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35 | 29 | | read as follows: |
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36 | 30 | | Sec. 51.208. PENALTY; COURTS HAVING JURISDICTION. (a) In |
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37 | 31 | | this section, "institution of higher education" and "private or |
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38 | 32 | | independent institution of higher education" have the meanings |
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39 | 33 | | assigned by Section 61.003. |
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40 | 34 | | (b) A person who violates any provision of this subchapter |
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41 | 35 | | or any rule or regulation promulgated under this subchapter commits |
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42 | 36 | | an offense. An offense under this subsection is a misdemeanor |
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43 | 37 | | punishable by a fine of not more than $200. |
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44 | 38 | | (c) The judge of a municipal court or any justice of the |
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45 | 39 | | peace of any city or county where property under the control and |
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46 | 40 | | jurisdiction of an [a state] institution of higher education or of a |
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47 | 41 | | private or independent institution of higher education is located |
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48 | 42 | | is each separately vested with all jurisdiction necessary to hear |
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49 | 43 | | and determine criminal cases involving violations of this |
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50 | 44 | | subchapter or rules or regulations promulgated under this |
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51 | 45 | | subchapter for which the punishment does not exceed a fine of $200. |
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52 | 46 | | SECTION 4. Section 51.209, Education Code, is amended to |
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53 | 47 | | read as follows: |
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54 | 48 | | Sec. 51.209. UNAUTHORIZED PERSONS; REFUSAL OF ENTRY, |
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55 | 49 | | EJECTION, IDENTIFICATION. (a) In this section, "institution of |
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56 | 50 | | higher education" and "private or independent institution of higher |
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57 | 51 | | education" have the meanings assigned by Section 61.003. |
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58 | 52 | | (b) The governing board of an [a state] institution of |
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59 | 53 | | higher education or a private or independent institution of higher |
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60 | 54 | | education or the governing board's [its] authorized |
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61 | 55 | | representatives may refuse to allow persons having no legitimate |
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62 | 56 | | business to enter on property under the board's control, and may |
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63 | 57 | | eject any undesirable person from the property on the person's |
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64 | 58 | | [his] refusal to leave peaceably on request. Identification may be |
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65 | 59 | | required of any person on the property, and the person must provide |
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66 | 60 | | that identification on request. |
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67 | 61 | | SECTION 5. Section 51.202(b), Education Code, is repealed. |
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68 | 62 | | SECTION 6. This Act takes effect September 1, 2015. |
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