From general knowledge of Texas law, criminal trespass and trespass or disruption on school grounds are already offenses. The bill itself admits the overlap by letting prosecutors charge under either section or both. That overlap is drawn from general knowledge, not from this bill's text.
The author's statement sells a protected zone of 250 feet, but the text reaches public streets, parks and sidewalks within 500 feet. That zone is measured from school land and also from any grounds hosting a school-sponsored activity. A single disruption on a public sidewalk is enough, even though the committee said it added a 'more than once' limit to protect people who were simply walking; that limit only covers the 'inappropriate behavior' prong.
The author’s statement says 250 feet. The text says 500, streets and parks included.
The bill creates a new Class A misdemeanor offense for trespass on or near school and day-care property. It applies to anyone on school or day-care land, at a school-sponsored activity, or on a public street, sidewalk or park within 500 feet of either, who poses a substantial risk of harm, causes a disruption, or acts inappropriately more than once, and then refuses to leave when school staff ask. School administrators, educators and security staff get a new offense to point to when someone will not leave, starting September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 2962 by Rep. Thimesch (Died in committee) and this bill (Did not pass). 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.STALLED AFTER COMMITTEE. Voted out of the Senate Criminal Justice committee 7-0 on Apr 29, 2025. Never placed on a calendar. The bill died.
relating to creating the criminal offense of trespass on or near
school or day-care center property.
WHAT IT DOES
The author’s statement says 250 feet. The text says 500, streets and parks included.
The bill creates a new Class A misdemeanor offense for trespass on or near school and day-care property. It applies to anyone on school or day-care land, at a school-sponsored activity, or on a public street, sidewalk or park within 500 feet of either, who poses a substantial risk of harm, causes a disruption, or acts inappropriately more than once, and then refuses to leave when school staff ask. School administrators, educators and security staff get a new offense to point to when someone will not leave, starting September 1, 2025.
From general knowledge of Texas law, criminal trespass and trespass or disruption on school grounds are already offenses. The bill itself admits the overlap by letting prosecutors charge under either section or both. That overlap is drawn from general knowledge, not from this bill's text.
The author's statement sells a protected zone of 250 feet, but the text reaches public streets, parks and sidewalks within 500 feet. That zone is measured from school land and also from any grounds hosting a school-sponsored activity. A single disruption on a public sidewalk is enough, even though the committee said it added a 'more than once' limit to protect people who were simply walking; that limit only covers the 'inappropriate behavior' prong.
TOTAL
No significant fiscal implication to the State is anticipated.
89R3287 MEW-D
By: Hagenbuch
S.B. No. 1602
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.