| 1 | 1 | | 89R3287 MEW-D |
|---|
| 2 | 2 | | By: Hagenbuch S.B. No. 1602 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to creating the criminal offense of trespass on or near |
|---|
| 10 | 10 | | school or day-care center property. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Chapter 30, Penal Code, is amended by adding |
|---|
| 13 | 13 | | Section 30.055 to read as follows: |
|---|
| 14 | 14 | | Sec. 30.055. TRESPASS ON OR NEAR SCHOOL OR DAY-CARE CENTER |
|---|
| 15 | 15 | | PROPERTY. (a) In this section: |
|---|
| 16 | 16 | | (1) "Day-care center" has the meaning assigned by |
|---|
| 17 | 17 | | Section 42.002, Human Resources Code. |
|---|
| 18 | 18 | | (2) "Public property" includes a street, highway, |
|---|
| 19 | 19 | | alley, public park, or sidewalk. |
|---|
| 20 | 20 | | (3) "School" means a private or public elementary or |
|---|
| 21 | 21 | | secondary school. |
|---|
| 22 | 22 | | (4) "School or day-care center property" means: |
|---|
| 23 | 23 | | (A) all land and buildings owned or leased by a |
|---|
| 24 | 24 | | school or day-care center; and |
|---|
| 25 | 25 | | (B) any grounds or buildings on which an activity |
|---|
| 26 | 26 | | sponsored by the school or day-care center is being conducted. |
|---|
| 27 | 27 | | (b) A person commits an offense if the person: |
|---|
| 28 | 28 | | (1) enters or remains on: |
|---|
| 29 | 29 | | (A) school or day-care center property; or |
|---|
| 30 | 30 | | (B) public property located within 250 feet of |
|---|
| 31 | 31 | | school or day-care center property; |
|---|
| 32 | 32 | | (2) either: |
|---|
| 33 | 33 | | (A) poses a substantial risk of harm to any |
|---|
| 34 | 34 | | person; or |
|---|
| 35 | 35 | | (B) on more than one occasion and pursuant to the |
|---|
| 36 | 36 | | same scheme or course of conduct, behaves in a manner that is |
|---|
| 37 | 37 | | inappropriate for a school or day-care center setting; and |
|---|
| 38 | 38 | | (3) receives a request to depart by an administrator, |
|---|
| 39 | 39 | | educator, or security personnel officer employed by the school or |
|---|
| 40 | 40 | | day-care center and fails to depart. |
|---|
| 41 | 41 | | (c) An offense under this section is a Class A misdemeanor. |
|---|
| 42 | 42 | | (d) If conduct constituting an offense under this section |
|---|
| 43 | 43 | | also constitutes an offense under another section of this code, the |
|---|
| 44 | 44 | | actor may be prosecuted under either section or both sections. |
|---|
| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2025. |
|---|