| 1 | 1 | | 88R3844 MEW-D |
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| 2 | 2 | | By: Thimesch H.B. No. 2962 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to creating the criminal offense of trespass on or near a |
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| 8 | 8 | | school or day-care center. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 30, Penal Code, is amended by adding |
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| 11 | 11 | | Section 30.055 to read as follows: |
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| 12 | 12 | | Sec. 30.055. TRESPASS ON OR NEAR SCHOOL OR DAY-CARE CENTER. |
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| 13 | 13 | | (a) In this section: |
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| 14 | 14 | | (1) "Day-care center" has the meaning assigned by |
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| 15 | 15 | | Section 42.002, Human Resources Code. |
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| 16 | 16 | | (2) "Public property" includes a street, highway, |
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| 17 | 17 | | alley, public park, or sidewalk. |
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| 18 | 18 | | (3) "School" means a private or public elementary or |
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| 19 | 19 | | secondary school. |
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| 20 | 20 | | (4) "School or day-care center property" means: |
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| 21 | 21 | | (A) all land and buildings owned or leased by a |
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| 22 | 22 | | public school or day-care center; and |
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| 23 | 23 | | (B) any grounds or buildings used by a school or |
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| 24 | 24 | | day-care center for an assembly or other school-sponsored activity. |
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| 25 | 25 | | (b) A person commits an offense if the person: |
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| 26 | 26 | | (1) enters or remains on: |
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| 27 | 27 | | (A) school or day-care center property; or |
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| 28 | 28 | | (B) public property located within 250 feet of |
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| 29 | 29 | | school or day-care center property; |
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| 30 | 30 | | (2) poses a substantial risk of harm to any person or |
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| 31 | 31 | | behaves in a manner that is inappropriate for a school or day-care |
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| 32 | 32 | | center setting; and |
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| 33 | 33 | | (3) received a request to depart by an administrator |
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| 34 | 34 | | or security personnel officer employed by the school or day-care |
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| 35 | 35 | | center and failed to depart. |
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| 36 | 36 | | (c) An offense under this section is a Class A misdemeanor. |
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| 37 | 37 | | (d) If conduct constituting an offense under this section |
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| 38 | 38 | | also constitutes an offense under another section of this code, the |
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| 39 | 39 | | actor may be prosecuted under either section or both sections. |
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| 40 | 40 | | SECTION 2. This Act takes effect September 1, 2023. |
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