89R23132 MEW-F
By: Patterson H.B. No. 353
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offense of trespass on or near
school or day-care center property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 30, Penal Code, is amended by adding
Section 30.055 to read as follows:
Sec. 30.055. TRESPASS ON OR NEAR SCHOOL OR DAY-CARE CENTER
PROPERTY. (a) In this section:
(1) "Day-care center" has the meaning assigned by
Section 42.002, Human Resources Code.
(2) "Public property" includes a street, highway,
alley, public park, or sidewalk.
(3) "School" means a private or public elementary or
secondary school.
(4) "School or day-care center property" means:
(A) all land and buildings owned or leased by a
school or day-care center; and
(B) any grounds or buildings on which an activity
sponsored by the school or day-care center is being conducted.
(b) A person commits an offense if the person:
(1) enters or remains on:
(A) school or day-care center property; or
(B) public property located within 250 feet of
school or day-care center property;
(2) does not have:
(A) a reason or relationship for entering or
remaining on the property that involves custody of or
responsibility for a student enrolled at the school or day-care
center; or
(B) written permission from an authorized
representative of the school or day-care center;
(3) receives a reasonable request to depart by an
administrator, educator, or security personnel officer employed by
the school or day-care center; and
(4) fails to depart.
(c) An offense under this section is a Class A misdemeanor.
(d) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or both sections.
SECTION 2. This Act takes effect September 1, 2025.