By: Kacal, et al. (Senate Sponsor - Hancock) H.B. No. 2629
(In the Senate - Received from the House May 4, 2015;
May 5, 2015, read first time and referred to Committee on Higher
Education; May 21, 2015, reported favorably by the following vote:
Yeas 6, Nays 0; May 21, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to unauthorized persons at public or private institutions
of higher education in this state and to trespass, damage, or
defacement occurring on the grounds of those institutions; amending
provisions subject to a criminal penalty and creating offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 51.202, Education Code,
is amended to read as follows:
Sec. 51.202. RULES AND REGULATIONS[; PENALTY].
SECTION 2. Section 51.204, Education Code, is amended to
read as follows:
Sec. 51.204. TRESPASS, DAMAGE, DEFACEMENT [ETC]. (a) In
this section, "institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003.
(b) It is unlawful for any person to:
(1) trespass on the grounds of an [any state]
institution of higher education or of a private or independent
institution of higher education; [of this state] or
(2) damage or deface [to damage or deface] any of the
buildings, statues, monuments, memorials, trees, shrubs, grasses,
or flowers on the grounds of an institution [any state
institutions] of higher education or of a private or independent
institution of higher education.
SECTION 3. Section 51.208, Education Code, is amended to
read as follows:
Sec. 51.208. PENALTY; COURTS HAVING JURISDICTION. (a) In
this section, "institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003.
(b) A person who violates any provision of this subchapter
or any rule or regulation promulgated under this subchapter commits
an offense. An offense under this subsection is a misdemeanor
punishable by a fine of not more than $200.
(c) The judge of a municipal court or any justice of the
peace of any city or county where property under the control and
jurisdiction of an [a state] institution of higher education or of a
private or independent institution of higher education is located
is each separately vested with all jurisdiction necessary to hear
and determine criminal cases involving violations of this
subchapter or rules or regulations promulgated under this
subchapter for which the punishment does not exceed a fine of $200.
SECTION 4. Section 51.209, Education Code, is amended to
read as follows:
Sec. 51.209. UNAUTHORIZED PERSONS; REFUSAL OF ENTRY,
EJECTION, IDENTIFICATION. (a) In this section, "institution of
higher education" and "private or independent institution of higher
education" have the meanings assigned by Section 61.003.
(b) The governing board of an [a state] institution of
higher education or a private or independent institution of higher
education or the governing board's [its] authorized
representatives may refuse to allow persons having no legitimate
business to enter on property under the board's control, and may
eject any undesirable person from the property on the person's
[his] refusal to leave peaceably on request. Identification may be
required of any person on the property, and the person must provide
that identification on request.
SECTION 5. Section 51.202(b), Education Code, is repealed.
SECTION 6. This Act takes effect September 1, 2015.
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