Monitoring the Session

HB 353

School Trespass Bill Reaches Public Sidewalks Within 250 Feet

Vetoed

Verdict: Smells

SmellsInitial review
Rep. Jared PattersonRHouse 106
Both charges, and why
Dragnet

THE CAPTION

“relating to creating the criminal offense of trespass on or near”…

Caption, engrossed version (E)

THE TEXT

“public property located within 250 feet of”…

Bill text, engrossed version (E)

The author's statement says the bill targets people who pose a substantial risk of harm or repeatedly behave inappropriately, but the text has no risk or behavior element. Anyone on a public street, sidewalk or park within 250 feet who lacks a custody link or written permission can be ordered away, and refusing becomes an offense.

Dragnet
Already a crime

THE TEXT

…“also constitutes an offense under another section of this code, the”…

Bill text, engrossed version (E)

The bill concedes that its conduct may overlap other Penal Code offenses and allows prosecution under both. Based on general knowledge of Texas law, refusing to leave property after notice is already covered by the general criminal trespass offense for the on-campus case, though the public-sidewalk zone is new.

Already a crime

Initial review · graded Oct 22, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

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

Caption from analyzed text · version E.

Summary

No risk or behavior required. Refuse to leave when staff ask? Class A misdemeanor.

The bill creates a new Class A misdemeanor offense for being on school or day-care property, or on any public street, sidewalk, alley or park within 250 feet of that property, and refusing to leave when asked. It reaches any person who has no custody of or responsibility for an enrolled child and no written permission, once a school administrator, educator or security officer asks them to go. On the ground, school staff can order anyone off nearby public sidewalks and streets, and a refusal becomes an offense punishable as a Class A misdemeanor starting September 1, 2025.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R HB 2962 by Rep. Thimesch (Died in committee) and this bill (Vetoed). Checked against 88R only.DO-OVER. Reworked text of a bill filed before that died: 88R HB 2962 by Rep. Thimesch (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.

Receipt

The receipt

89R-HB353 · 2024-11-12

SOLD BY

ITEM

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

WHAT IT DOES

No risk or behavior required. Refuse to leave when staff ask? Class A misdemeanor.

The bill creates a new Class A misdemeanor offense for being on school or day-care property, or on any public street, sidewalk, alley or park within 250 feet of that property, and refusing to leave when asked. It reaches any person who has no custody of or responsibility for an enrolled child and no written permission, once a school administrator, educator or security officer asks them to go. On the ground, school staff can order anyone off nearby public sidewalks and streets, and a refusal becomes an offense punishable as a Class A misdemeanor starting September 1, 2025.

CHARGES

[x] DRAGNETanalysis confidence 75%

THE CAPTION

“relating to creating the criminal offense of trespass on or near”…

Caption, engrossed version (E)

THE TEXT

“public property located within 250 feet of”…

Bill text, engrossed version (E)

The author's statement says the bill targets people who pose a substantial risk of harm or repeatedly behave inappropriately, but the text has no risk or behavior element. Anyone on a public street, sidewalk or park within 250 feet who lacks a custody link or written permission can be ordered away, and refusing becomes an offense.

[x] ALREADY A CRIMEanalysis confidence 40%

THE TEXT

…“also constitutes an offense under another section of this code, the”…

Bill text, engrossed version (E)

The bill concedes that its conduct may overlap other Penal Code offenses and allows prosecution under both. Based on general knowledge of Texas law, refusing to leave property after notice is already covered by the general criminal trespass offense for the on-campus case, though the public-sidewalk zone is new.

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 5, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Criminal Jurisprudence
  4. Referred directly to subcommittee by chair
  5. Scheduled for public hearing in s/c on . . .
  6. Considered by s/c in public hearing
  7. Testimony taken/registration(s) recorded in subcommittee
  8. Left pending in subcommittee
  9. Recalled from subcommittee
  10. Considered in formal meeting
  11. Committee substitute considered in committee
  12. Reported favorably as substituted
  13. Comte report filed with Committee Coordinator
  14. Committee report distributed
  15. Committee report sent to Calendars
  16. Considered in Calendars
  17. Placed on General State Calendar
  18. Read 2nd time
  19. Passed to engrossment
  20. Record vote RV#1087
  21. Statement(s) of vote recorded in Journal
  22. Read 3rd time
  23. Statement of Leg. Intent Recorded in Journal
  24. Passed
  25. Record vote RV#1128
  26. Statement(s) of vote recorded in Journal
  27. Reason for vote recorded in Journal
  28. Reported engrossed
  29. Received from the House
  30. Read first time
  31. Referred to Criminal Justice
  32. Posting rule suspended
  33. Scheduled for public hearing on . . .
  34. Considered in public hearing
  35. Vote taken in committee
  36. Reported favorably w/o amendments
  37. Committee report printed and distributed
  38. Placed on intent calendar
  39. Rules suspended-Regular order of business
  40. Vote recorded in Journal
  41. Read 2nd time & passed to 3rd reading
  42. Vote recorded in Journal
  43. Three day rule suspended
  44. Record vote
  45. Read 3rd time
  46. Passed
  47. Record vote
  48. Senate passage reported
  49. Reported enrolled
  50. Signed in the House
  51. Signed in the Senate
  52. Sent to the Governor
  53. Vetoed by the Governor
FILED UNDER

No verified beat found.

SIGNED FOR BY

House · 124 yea · 10 nay

Senate · 29 yea · 2 nay

Sources

House: Final passage · May 1, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · May 9, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 28, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$132,750.00

Texans for Lawsuit Reform PAC

$132,750.00

Cash
$100,000.00
Paid by others
$32,750.00
Total
$132,750.00
polling $32,750.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 25, 2025 to Oct 7, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100996442, 101018590, 101035748, 101067950, 101072483.

Texas Sands PAC$84,800.00

Texas Sands PAC

$84,800.00

Cash
$68,000.00
Paid by others
$16,800.00
Total
$84,800.00
polling $16,800.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 4, 2024 to Oct 15, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100976997, 101018590, 101035748, 101072483.

Texas Conservative Majority PAC$57,950.00

Texas Conservative Majority PAC

$57,950.00

Cash
$0.00
Paid by others
$57,950.00
Total
$57,950.00
canvassing $35,000.00polling $22,950.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Feb 12, 2026 to Sep 22, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101035748, 101067950.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$132,750.00

Cash
$100,000.00
Paid by others
$32,750.00
Total
$132,750.00
polling $32,750.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 25, 2025 to Oct 7, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100996442, 101018590, 101035748, 101067950, 101072483.

×

Texas Sands PAC

$84,800.00

Cash
$68,000.00
Paid by others
$16,800.00
Total
$84,800.00
polling $16,800.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 4, 2024 to Oct 15, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100976997, 101018590, 101035748, 101072483.

×

Texas Conservative Majority PAC

$57,950.00

Cash
$0.00
Paid by others
$57,950.00
Total
$57,950.00
canvassing $35,000.00polling $22,950.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Feb 12, 2026 to Sep 22, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101035748, 101067950.

Votes5

Senate May 9, 2025

Yea
29
Nay
2
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

  • Yea: 29 (published)
  • Nay: 2 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 9, 2025

Yea
29
Nay
2
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Hagenbuch moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 353 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 2.

Published stock of positions for this vote, except where marked derived.

  • Yea: 29 (published)
  • Nay: 2 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 9, 2025

Yea
Not printed
Nay
Not printed
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

Senator Hagenbuch moved to suspend the regular order of business to take up for consideration HB 353 at this time on its second reading: HB 353, Relating to creating the criminal offense of trespass on or near school or day-care center property. The motion prevailed. Senators Cook and Eckhardt asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to third reading by a viva voce vote.

Published stock of positions for this vote, except where marked derived.

  • Yea: Not printed
  • Nay: Not printed
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

House May 1, 2025

Yea
124
Nay
10
Present, not voting
2
Absent
1
Excused
13
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 1128

HB 353 was passed by (Record 1128): 124 Yeas, 10 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 124 (published)
  • Nay: 10 (published)
  • Present, not voting: 2 (published)
  • Absent: 1 (derived from named list)
  • Excused: 13 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House Apr 30, 2025

Yea
131
Nay
10
Present, not voting
2
Absent
3
Excused
4
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 1087

CSHB 353 was passed to engrossment by (Record 1087): 131 Yeas, 10 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 131 (published)
  • Nay: 10 (published)
  • Present, not voting: 2 (published)
  • Absent: 3 (derived from named list)
  • Excused: 4 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Witnesses25
For
23
Against
0
On
2
Names

For

  • Children at Risk1 registration
  • Combined Law Enforcement Associations of Texas (CLEAT)2 registrations
  • Early Care & Education Consortium1 registration
  • Harris County Deputies' Organization FOP #391 registration
  • San antonio police officers association1 registration
  • SAPOA1 registration
  • Self9 registrations
  • Self; Houston Police Officers’ Union2 registrations
  • Sheriffs’ Association of Texas (SAT)1 registration
  • TCCB1 registration
  • Texas Municipal Police Association (TMPA)2 registrations
  • Texas Private Schools Association1 registration

On

  • Self2 registrations
Sources

25 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 5, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version E by claude-opus-5-5, Oct 22, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 2962

by Rep. Thimesch, different lead author · Died in committee · reworked

Introduced text

Last action, Apr 24, 2023: Left pending in committee

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

Caption, 88R bill history

Sources

Texas House · Filed Nov 12, 2024

05/24/2025 E Vetoed by the Governor

Texas Legislature Online · Introduced · House Committee Report · Engrossed · Senate Committee Report · Enrolled

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

Sponsors

House committee · Criminal Jurisprudence · Committee vote 8 aye, 3 nay · Out of committee

Senate committee · Criminal Justice · Committee vote 7 aye, 0 nay · Out of committee

Companion

SB 1602 by Hagenbuch (identical)

Subjects

Crimes--Miscellaneous

Day Care

Education--Primary & Secondary--Facilities

TRESPASS

Text

The text as introduced · 302 words

89R3287 MEW-D

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) either:

(A) poses a substantial risk of harm to any

person; or

(B) on more than one occasion and pursuant to the

same scheme or course of conduct, behaves in a manner that is

inappropriate for a school or day-care center setting; and

(3) receives a request to depart by an administrator,

educator, or security personnel officer employed by the school or

day-care center and 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.