TX
Texas House Bill HB353

Texas 2025 - 89th Regular

Texas House Bill HB353

Filed
11/12/24  
Out of House Committee
4/24/25  
Voted on by House
5/1/25  
Out of Senate Committee
5/7/25  
Bill Becomes Law
 

Caption

Relating to creating the criminal offense of trespass on or near school or day-care center property.

Impact

By implementing this law, the bill modifies existing state laws regarding property rights and public safety related to educational institutions. It specifically criminalizes the act of entering or remaining on school or day-care property without consent or a valid reason, establishing penalties for violations. The intention is to deter unwanted intrusions and increase the security of children in educational settings, directly impacting how communities enforce safety protocols for schools and day-care centers.

Summary

House Bill 353 seeks to address the issue of trespassing on or near school and day-care center properties by establishing a new criminal offense. This statute, added to the Texas Penal Code as Section 30.055, defines the boundaries of school and day-care center properties and outlines the conditions under which an individual can legally enter or remain on these premises. The bill aims to enhance the safety of school environments by providing a clear legal framework to manage trespassers who pose potential risks to students and staff.

Sentiment

The sentiment surrounding HB 353 appears to be largely supportive among legislators focused on improving school safety. It passed with a significant majority in both the House and Senate, indicating a consensus on the necessity of such legislation. However, there are underlying concerns from some advocacy groups about the potential overreach of state laws, particularly regarding individual rights and the definition of reasonable trespass, which could lead to disproportionate enforcement against benign behaviors.

Contention

A notable point of contention has centered on the breadth of the bill's language, particularly concerning the defined proximity about 'public property' and how it may affect community interactions. Critics argue that while the intent of protecting children is valid, the legislation may inadvertently criminalize individuals who have legitimate reasons to be near these properties. This raises questions about balancing safety with civil liberties, an ongoing debate within the context of legislative measures aimed at enhancing public safety.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 30. Burglary And Criminal Trespass
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Human Resources Code

  • Chapter 42. Regulation Of Certain Facilities, Homes, And Agencies That Provide Child-care Services
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB1602

Identical Relating to creating the criminal offense of trespass on or near school or day-care center property.

Previously Filed As

TX HB2962

Relating to creating the criminal offense of trespass on or near a school or day-care center.

TX HB91

Relating to the creation of the offense of criminal trespass by an illegal alien.

TX SB1969

Relating to increasing the criminal penalty for certain offenses committed on or near the premises of a day-care center, school, or postsecondary educational institution.

TX HB104

Relating to civil and criminal consequences of trespassing on the property of another while entering this state from a neighboring jurisdiction; creating a criminal offense; providing a civil penalty.

TX HB55

Relating to civil and criminal consequences of trespassing on the property of another while entering this state from a neighboring jurisdiction; creating a criminal offense; providing a civil penalty.

TX SB206

Relating to the prosecution of the offense of criminal trespass.

TX HB2487

Relating to the possession or use of marihuana or e-cigarettes on or near public school property or at certain school events; creating a criminal offense.

TX HB114

Relating to the possession, use, or delivery of marihuana or e-cigarettes on or near public school property or at certain school events.

TX HB79

Relating to civil and criminal trespass while entering this state from a neighboring jurisdiction without consent of the owner; creating a criminal offense; creating a civil penalty.

TX SB1518

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

Similar Bills

No similar bills found.